Unlawful Possession of a Firearm in New Jersey
There are laws that protect the rights of United States citizens to possess firearms for hunting and home defense. However, weapons laws in New Jersey are very strict and carefully crafted to define the activities and areas in which a person may carry or use a firearm. Any failure to comply with these restrictions or adhere to weapons safety regulations may lead to serious criminal charges.
Don’t let a criminal weapons charge ruin your life and your future. At the Law Office of Jason A. Volet, our New Jersey weapons charges defense lawyer understands how these types of cases work because he started his career as a criminal prosecutor in Monmouth County. As a prosecutor, he saw firsthand how many defendants could really benefit from strong representation. So he decided to make a change and work to protect the rights of the accused instead. In total, Jason has argued more than 2,000 cases in his career, and he now uses his insider perspective of how the prosecution works to build smart defense strategies for clients.
If you or a loved one is facing weapons charges in New Jersey, you need a knowledgeable and loyal attorney on your side to fight for your rights and help tell your side of the story. Schedule a free consultation today to discuss how we will stand strong for you.
- 1 What Are the Common Defenses Against Weapons Charges in New Jersey?
- 2 New Jersey Gun Possession Attorney
- 3 What Guns Are Outlawed?
- 4 What Is Considered a Weapon in New Jersey?
- 5 What Are the Common Weapons Charges in New Jersey?
- 6 Let Our Experienced New Jersey Weapons Charges Defense Attorney Help You
What Are the Common Defenses Against Weapons Charges in New Jersey?
Every case we work on is unique, so we will tailor our weapons charges defense strategy to the circumstances of your case. Some of the factors we will take into consideration are:
- Is this a case of mistaken identity?
- Were you in actual or constructive possession of the weapon?
- Is the device in question actually a weapon?
- Did your case involve an illegal search and seizure?
- Was your arrest or interrogation unconstitutional?
- Was the weapon planted?
It is essential to enlist the help of an experienced Monmouth County weapons charges attorney as soon as possible. Every step of the way ─ even before you are charged ─ there are opportunities for a knowledgeable defense attorney to demand that the case be dropped or the charges be reduced.
Contact us today to schedule a free consultation and get started building your defense.
New Jersey Gun Possession Attorney
New Jersey has strict gun possession laws that forbid certain individuals from possessing certain types of weapons. Not only are the laws in this state strict regarding gun possession, but so are the penalties for a gun possession conviction, and anyone convicted of illegal gun possession may face long-term damage to their personal, professional, and financial life.
If you’re facing automatic weapons charges and need legal advice, we may be able to help. To find a legal advisor you can rely on, contact a New Jersey weapons charges attorney of the Law Office of Jason A. Volet at (732) 863-5050 today.
What Guns Are Outlawed?
According to a federal ban, all automatic weapons are banned from private ownership in the United States, with few exceptions. This includes the following types of guns:
- Automatic rifles
- Machine pistols
- Automatic shotguns
Outside of machine guns, which are defined as any weapon that fires two or more rounds when the trigger is pulled once, the state of New Jersey has some additional laws regarding other weapons. These limitations prevent anyone in the state of New Jersey from owning or operating a weapon with a clip capacity over 15 rounds. Also, some semiautomatic firearms are altogether banned by the state.
In the state of New Jersey, gun possession crimes are treated harshly by the state, and these crimes are treated differently depending on the circumstances of the event. These charges can include jail time, strict financial penalties that may cost a defendant thousands of dollars if convicted. Other penalties can include lengthy probation periods, loss of employment opportunities, and a future loss of gun rights.
What Is Considered a Weapon in New Jersey?
New Jersey law defines weapons as “anything readily capable of lethal use or of inflicting serious bodily injury.” This could include:
- Firearms, even those that are not loaded or are lacking a clip. Firearms include (but are not limited to) handguns, rifles, shotguns, machine guns, assault firearms, automatic or semi-automatic rifles, air guns, spring guns, and pistols.
- Knives and similar instruments, such as gravity knives, switch-blades, daggers, dirks, and stilettos.
- Billies, blackjacks, bludgeons, sandclubs, and razor blades imbedded in wood.
- Metal knuckles, cestus, or similar leather bands studded with metal filings.
- Stun guns and other devices that dispense a substance in the air that is intended to produce temporary physical discomfort or permanent injury.
- Any components that can be readily assembled into a weapon.
New Jersey’s broad definition of weapons means that some people don’t even realize the item they were carrying could be considered a weapon. Or they may mistakenly think that they have taken all the proper precautions to carry the weapon legally. No matter what the circumstances in your case, if you are facing weapons charges in New Jersey, you could be facing extremely serious penalties, including years in prison.
Let our experienced New Jersey weapons charges attorney review your case for free to discuss how we can help you fight these charges and defend your innocence. Call or fill out our online form now to get started.
What Are the Common Weapons Charges in New Jersey?
Our firm represents adults and juveniles who are facing all kinds of weapons charges in New Jersey. Some of the common charges we fight include:
- Possession of a weapon for unlawful purposes
- Possession of a weapon while in the course of committing a crime
- Possessing, receiving, or transferring a community gun
- Possession of explosives or other destructive devices
- Unlawful use of imitation firearms
- Possession of an assault weapon
- Possession of a gun without a license or permit
- Threatening or hurting a person with a weapon
- Convicted felon in possession of a firearm
- Juvenile in possession of a weapon
- Possession of a firearm or imitation firearm at a school
Weapons charges can range from a disorderly persons offense (such as a person carrying more than the legal ¾-ounce of pepper spray) to a first-degree crime (such as unlawful possession of a firearm in certain circumstances). In general, New Jersey gun laws are extremely strict and carry severe penalties. And because they encompass a wide variety of legal issues, weapons charges are frequently tied to other criminal charges (such as assault or robbery), which can increase the complexity of the case.
The Graves Act in New Jersey outlines mandatory minimum terms of imprisonment for people convicted of certain firearms offenses or offenses in which a firearm was used or present during the commission of a crime. The Graves Act mandates that people convicted on these weapons charges serve a minimum of one-half of the sentence imposed by the court or 42 months, whichever is greater, before being eligible for parole.
If you or a loved one is facing weapons charges in New Jersey, you need to speak with our knowledgeable Monmouth County criminal defense attorney as soon as possible. Call or fill out our online form now to schedule a free case consultation.
Let Our Experienced New Jersey Weapons Charges Defense Attorney Help You
The prosecution is already working hard to build a case against you. Don’t jeopardize your freedom by waiting to hire a strong defense attorney. At the Law Office of Jason A. Volet, our team will get to work immediately on your defense. Depending on the circumstances of your case, we may:
- Negotiate your bail and fight for your rights at your first court appearance.
- Aggressively push to have the weapons charges dropped or reduced.
- Request pre-trial intervention (PTI) if that is an option in your case.
- Develop a smart and strategic defense to present in court if necessary.
At our Monmouth County criminal defense law firm, we strongly believe that every person is innocent unless the prosecution can prove otherwise. To schedule a free, confidential case consultation with a legal team that believes in you, contact us today.
Our loyal New Jersey weapons defense lawyer is committed to serving people in Freehold, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Asbury Park, and throughout Monmouth County.