Defense Lawyer for Weapons Offense Charges in South Jersey
Experienced Criminal Defense Lawyer Fights to Safeguard the Rights of Clients Arrested on Weapons Charges in Camden County and Throughout NJ
Despite the fact that the U.S. Constitution protects your general right to own firearms, this right is not absolute and is, in fact, subject to significant and strict restrictions in the state of New Jersey. In fact, certain types of automatic and semi-automatic weapons are banned outright under New Jersey law, meaning that it is illegal to simply own the weapon. New Jersey has taken a tough stance when it comes to weapons charges and the criminal courts have backed up the legislature in imposing strict penalties for violation of the state’s weapons laws. Further, weapons charges apply to far more than firearms—knives, imitation guns, switchblades and even components that are easily assembled to construct a weapon can give rise to weapons charges in the state.
At Gelman Law, LLC, our weapons charge defense lawyer is well-versed in the significant criminal penalties that can apply if you are arrested and charged with a weapons-related crime. Conviction on weapons charges can lead to substantial jail time—in some cases, mandatory jail time without the possibility of parole may apply—and will also tarnish your reputation by appearing on your criminal record. We have successfully helped countless clients minimize the potential penalties that may apply in criminal cases by using our knowledge of the New Jersey criminal justice system in their favor. If you are facing weapons charges, call or contact our skilled criminal defense lawyer today to see how we can help in your case.
Common Examples of New Jersey Weapons Charges
New Jersey weapons charges are strict and extremely broad. Common examples of weapons charges that may be brought against you in New Jersey include:
- Possession of an illegal weapon,
- Possession of a weapon that is legal, but you do not have the proper permits,
- Possession of a weapon while committing some other type of crime, such as burglary,
- Bringing a weapon onto school property,
- Possessing a weapon without legal authorization, such as while you are on probation or parole, or while subject to a restraining order,
- Unlawful use of an imitation weapon, such as a BB gun or paintball gun,
- Carrying a firearm without a permit.
Strict Penalties Apply to Weapons Charge Cases in New Jersey
The severity of the penalties you may face when arrested and charged for violating a weapons-related law in New Jersey can vary dramatically depending upon the charge and circumstances. Some potential penalties may include:
- Second-degree charges: When you are arrested for possession of a weapon without a valid permit, for example, you will face second-degree charges carrying a minimum of five years and up to ten years in jail.
- Third-degree charges: Possession of a firearm for unlawful purposes can result in third-degree charges carrying up to five years in jail.
- Fourth-degree charges: An arrest for possession of a firearm after you have been convicted of a felony can result in fourth-degree charges even if the firearm would otherwise be legal, which means you could face up to 18 months in jail. Other fourth-degree offenses can include possession of weapons such as stun guns or certain knives.
Gelman Law, LLC’s Knowledgeable Defense Team Committed to Building a Strong Defense for Clients Accused of Weapons Charges in South Jersey
At Gelman Law, LLC, we take New Jersey weapons charges seriously and believe that others should do the same, especially when facing serious time in jail. We provide individualized support to every one of our clients who are facing weapons charges and will build a custom defense designed to minimize jail time and even obtain a dismissal of your charges if possible. Potential defenses to weapons charges may include:
- Illegal search and seizure—meaning that the police found the weapon while conducting an unconstitutional search of your home, person or vehicle,
- Mistaken identity,
- An exemption applies under New Jersey law,
- Improper police procedures, such as Miranda warning failures.
In other cases, a pre-trial intervention or other diversionary program may be available to help you avoid formal prosecution and conviction in weapons charge cases, especially if you are a first offender.
Call Today for a Free Initial Consultation to Discuss Your Case if You Have Been Arrested on Weapons Charges in Burlington County, NJ
At Gelman Law, LLC, we fight to protect both your legal and your constitutional rights when you are facing weapons charges in Burlington County or elsewhere in South Jersey. We are committed to building a bold defense in every weapons charge case we take on and understand that the stakes are high when you are facing significant jail time and a lasting criminal record. Call or contact our experienced New Jersey weapons charge defense lawyer today for a free initial consultation to discuss defense options in your case.
It is common for clients to be facing multiple charges at the same time as a weapons charge including drug charges, aggravated assault, domestic violence charges, restraining orders, graves act, red flag laws, traffic tickets and alcohol charges. Rest assured we can help you with any charges you are facing in NJ.
Frequently Asked Questions About Weapons Charges in New Jersey
FAQ: Does the prosecution have discretion to reduce my jail term in a weapons charge case?
In some cases, yes. We will negotiate with the prosecution and present all available mitigating factors in your case to argue for reduced jail time. Mitigating factors can include the fact that you are a first offender or that no actual harm was caused. The prosecution will also, however, weigh any aggravating factors, such as your prior criminal history, injuries caused and the circumstances of the weapons charge to determine whether to recommend reduced sentencing. A skilled weapons charge defense lawyer can be critical in advocating on your behalf during sentencing even if you have already been convicted of the weapons charge itself.
FAQ: I wasn’t using my weapon and never threatened to use my weapon, but was simply carrying a firearm that I possess legally. Why is this a crime?
In New Jersey, most people cannot qualify for a permit to carry their handguns or other weapons outside of the home. Because of this, it is almost always illegal to bring your weapon with you when you leave the home. Based upon public policy in the state, simply possessing that weapon is a criminal offense under the statute and can, in fact, subject you to jail without parole for three years.