NJ Criminal Defense Attorneys Fight Gun Charges in Essex County, Union County, and Across New Jersey
If you’ve been charged with a gun crime in New Jersey, you should be aware that this state has some of the toughest gun and weapon laws in the country. A single firearms offense carries a penalty of a minimum of five years in a state prison, with a maximum of 10 years. Five-year prison terms for other crimes usually come with the potential for parole after approximately one year. However, gun crimes in New Jersey are subject to the ‘Graves Act‘ which enforces a three year period of parole ineligibility.
Basically, if you’ve been convicted for a gun charge, you will spend at least three years in prison. There are ways around this requirement, but only an expert criminal defense attorney with significant experience defending gun charges will be able to navigate this process with success. Depending on your circumstances, the right attorney may be able to keep you out of prison altogether. This requires great skill and knowledge of this specific area of law. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC will work closely with you to ensure that no detail is missed. Several of our attorneys are former prosecutors. This knowledge of the prosecution’s tactics gives us valuable insight into how they will handle the case. We will fight aggressively to get your gun charges reduced, or dismissed, in Scotch Plains, Westfield, Clark, Cranford, Plainfield, Union, Elizabeth and throughout New Jersey.
What Can a Skilled Defense Lawyer in Union or Middlesex County, NJ Do to Keep You Out of Jail?
The first step in defending gun or weapon charges is to determine whether the defendant’s Constitutional rights were violated during the arrest. If the search is deemed to have been illegal, the evidence may be suppressed and the charges might be dismissed entirely. If an individual does not have a criminal record, he or she may qualify for alternative sentencing, such as the Pre-Trial Intervention program (PTI). Participation in this program means no record and no jail time. In fact, once court supervision is complete, charges are dismissed.
Another step your experienced Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC lawyer can do is to apply for a Graves Act Waiver. This will, in effect, remove the mandatory three-year period of parole ineligibility and may give you the option of parole after one year served.
When your freedom is on the line, don’t make the mistake of hiring an inexperienced criminal defense lawyer to defend your gun charges. There are multiple defenses available in gun and weapon cases and an experienced attorney will know how and when to artfully use them to your advantage.
Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC Defend Clients in Jersey City and Newark Against These Weapons Charges
If you or someone you know is facing any of the following charges, or any other criminal charges, don’t go it alone. Hire a seasoned criminal defense lawyer who will fight for your rights.
Possession of an illegal weapon (such as grenades, sawed off shotguns and assault rifles)
Illegal sale of a weapon
Possession of a weapon by a prohibited person (such as a convicted felon, someone with a record of mental instability or someone on parole)
Imitation guns (such as BB guns and airsoft guns)
Possession of a gun without a permit
Possession of a weapon on school grounds
Possession of a firearm for unlawful purpose
Unlawful possession of a gun in a motor vehicle (it is illegal to transport, possess or have a firearm in a motor vehicle, unless it is unloaded and kept in a closed and secure case, or locked in the trunk.
Penalties for gun and weapon charges:
Penalties vary based on the severity of the crime and the individual’s prior history. If your gun charges are the result of an assault or drug crime bust, you could be facing even more penalties. Depending on the circumstances, possession of a weapon for an unlawful purpose could be considered a second, third or fourth degree offense.
If the weapon used was a firearm, a second degree charge will be applied. If convicted, an individual could see up to 10 years in a state prison.
A third degree charge will apply if the weapon was something other than a firearm. If convicted, an individual could receive up to five years in prison.
A fourth degree charge will apply if an individual is charged with possession of an imitation firearm. If convicted, he or she could spend up to 18 months in prison.
Any of these penalties can be increased if the individual has a prior criminal record.
Lawyers Work Tirelessly to Get Gun Charges Reduced in Essex, Somerset, and Union Counties and Throughout New Jersey
New Jersey’s strict gun laws have had a positive impact on gun-related deaths in the state. However, they have also been responsible for the arrest and conviction of innocent individuals who were simply unaware of the laws. For example, in neighboring Pennsylvania, it is legal to carry a loaded gun in a motor vehicle if you have a permit to do so. In one 2014 case that attracted a lot of media attention, a Philadelphia woman was charged when a loaded gun was found in her car after a routine traffic stop in New Jersey. She had a permit to carry the gun in Pennsylvania, but that PA permit carried no weight in New Jersey.
The term “gun crime” evokes images of a masked man pointing a gun at a convenience store clerk, but even a hardworking, young mother can be charged with a gun crime for simply not understanding New Jersey’s tough laws. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC will help you understand your rights in Bridgewater, Somerville, Bedminster, Hillsborough, Bernards Township and throughout New Jersey.
If You’ve Been Charged with a Gun or Weapons Crime in New Jersey, Contact an Experienced Scotch Plains Gun Crimes Attorney Today
New Jersey’s strict gun laws can ruin your life if convicted. Don’t make the mistake of allowing a lapse in judgment that landed you in trouble be compiled by not hiring the most experienced criminal defense attorney to protect your rights. The successful criminal defense lawyers at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC understand this complex area of the law and we will fight aggressively to get your charges reduced, find alternative sentencing options or get the case dismissed entirely. Contact one of our offices for a free consultation about your case in Newark, West Orange, South Orange, Bloomfield, Montclair and throughout New Jersey.
Frequently Asked Questions About Gun Crimes in New Jersey
FAQ: I own my gun legally. Is it illegal to carry my gun with me?
Yes. Unlike other states, New Jersey rarely issues gun carry permits. Unless you are a retired law enforcement officer or can show that you need to carry the gun because you justifiably fear for your safety, it is unlikely that you can obtain a permit to legally carry your gun. That means most people in New Jersey can only legally have their gun in their home.
FAQ: What if I have a permit to carry my gun in a neighboring state? Does New Jersey recognize that permit?
No. New Jersey does not recognize carry permits issued in other states. That means carrying your gun into New Jersey is a criminal offense. This is true even if you actually live in a neighboring state and drive into New Jersey for work or any other reason with your gun.
FAQ: Is there any way that I can legally carry my gun outside of the home in New Jersey?
Unloaded guns can be carried in a locked case. If you are driving to the range, your gun must be locked in the trunk.
