Facing a weapons charge in New Jersey requires an experienced Ocean County gun defense lawyer. William Fay, Esq., is a former Deputy Attorney General with the New Jersey Office of the Attorney General, who brings his unique knowledge to every criminal defense case he handles. His background in investigating and prosecuting criminal matters gives him a deep understanding of how law enforcement and prosecutors build their cases — and how to dismantle them to defend his clients.
When you hire William Fay, you’ll work directly with a determined and professional Ocean County gun defense attorney who personally manages every phase of your case, from the first consultation to courtroom appearances. Mr. Fay is a native New Jersey citizen with a client-focused, results-driven approach. He combines his compassionate attitude with an aggressive defense in court to protect your rights and achieve the best possible outcome.
Contact us today for a free, no-obligation consultation by phone or in person.
Why Hire William Fay for Your Weapons Offenses Defense in Ocean County, NJ?
Choosing the right weapons charges attorney can help protect your rights and work toward a favorable outcome, whether that’s dismissal, acquittal, reduced charges, or alternative sentencing options. Mr. Fay’s experience as a former Deputy Attorney General gives him insight into how prosecutors think and prepare. In turn, he’s used that knowledge to successfully defend clients charged with gun crime and other weapons-related offenses throughout Ocean County and New Jersey.
Because Mr. Fay has handled both sides of the courtroom, he anticipates the strategies the prosecution will use, whether you’re charged with assault with a deadly weapon, brandishing a weapon, or under other New Jersey weapon laws. He personally investigates each case, from determining whether police had probable cause for a search, whether the police or the prosecution violated your rights at any time during your case, and whether the weapon was properly identified and tested.
His clients appreciate his accessibility and legal advocacy. You’ll work directly with Mr. Fay, not a staff member, when you need an update or have a question about your case. He provides clear guidance and dedicated support until your case is resolved. When you choose Mr. Fay as your Ocean County gun defense attorney, you’re getting a seasoned, reliable advocate who combines professional experience with empathy.
Reach out today for your free, fully confidential case evaluation.
Why Do You Need a Lawyer When Facing Weapons Offense Charges?
New Jersey has tough gun and weapon laws. Even a first-time charge can result in years in prison and a permanent criminal record. Without a knowledgeable defense lawyer advocating for you, you risk losing your freedom and your right to possess or carry a firearm long after your sentence is over.
A weapons charges attorney like Mr. Fay understands how the state prosecutes these cases under the New Jersey Code of Criminal Justice (Title 2C). He can challenge evidence, argue for dismissal or reduction of charges, and negotiate alternatives to incarceration when possible.
Because weapons laws are complex, many people charged under New Jersey gun carry laws or other weapons charges don’t realize how much is at stake until it’s too late. Having an experienced attorney early in the process preserves your defense options and increases the likelihood of having charges dismissed and minimizing consequences.
Mr. Fay’s hands-on representation means he’ll handle every legal motion, hearing, and courtroom appearance personally. When you work with him, you’ll get a customized defense tailored to your specific circumstances, and an advocate you can trust to explain the risks and potential solutions.
What Are New Jersey’s Weapon Possession Laws?
New Jersey’s weapon possession laws, found under N.J.S.A. 2C:39-5, govern firearms as well as knives, air guns, and other objects that can be used as weapons. Even a small mistake, like transporting a gun improperly or owning a prohibited item, can lead to felony charges and mandatory prison time.
It’s illegal to possess or carry most weapons without either a permit or a recognized legal justification. The most common weapons possession offenses include the following:
- Unlawful Possession of a Weapon – It’s illegal to possess firearms, knives, or other weapons without a valid permit or exemption. The charge degree depends on the type of weapon. Handguns and assault firearms carry the harshest penalties.
- Possession of a Weapon for an Unlawful Purpose – Prosecutors use this charge when they think you possessed a weapon with the intent to commit another crime, such as robbery or assault. Even if the underlying crime never occurred, if they can prove you intended to commit a crime, that alone could lead to a conviction.
- Possession of Prohibited Weapons and Devices – Certain weapons are outright banned, including sawed-off shotguns, silencers, switchblades, metal knuckles, and hollow-point bullets. Merely having one of these items can lead to prosecution.
- Unlawful Disposition of a Firearm – Selling, transferring, or manufacturing a firearm without authorization is a serious offense. For example, giving a gun to someone who lacks the proper credentials or transporting firearms for sale without a license falls under this law.
- Weapons Possession by Certain Prohibited People – New Jersey prohibits certain people from owning or possessing weapons. This includes people convicted of felonies, domestic violence offenses, or certain drug crimes. People subject to restraining orders or specific mental health findings are also prohibited from possessing weapons under this law.
- Unlawful Possession of BB Guns, Paintball Guns, and Airsoft Guns – Possessing these guns without a permit, especially in a vehicle or public place, can result in felony charges. Even though these guns are used for recreation and can be mistaken for toys, they still qualify under the unlawful possession statute.
- Possession of a weapon during a narcotics offense – If you have a firearm or other weapon while committing a drug-related crime, you may face additional charges that carry consecutive prison terms. These can trigger mandatory minimum sentences under the Graves Act.
However, some circumstances are exempt from these laws, including the following:
- Transporting unloaded firearms directly between residences
- Traveling to or from a gun range, gunsmith, or authorized repair facility
- Carrying a firearm while performing official duties in law enforcement or the military
- Lawful hunting or target shooting with the appropriate license
- Possessing antique or collectible firearms for display purposes
These exemptions are narrow. Even a brief detour or misunderstanding can result in a criminal charge.
What Are the Mandatory Sentencings for New Jersey Weapons Charges?
Many weapons-related crimes in New Jersey are subject to the Graves Act, which imposes mandatory minimum prison terms. If you’re convicted under the Graves Act, you could serve 42 months or half the total sentence imposed by the court, whichever is longer. Under the Act, fourth-degree crimes have a mandatory minimum of 18 months. During that time, you’ll be ineligible for parole.
This strict sentencing structure applies to many gun crimes, including unlawful possession of a firearm and possession by a prohibited person. However, there are limited circumstances where the court could reduce your sentence or waive the mandatory term through a Graves Act waiver.
What Degree Is a Weapons Offense in New Jersey?
Weapons charges in New Jersey generally range from fourth-degree to second-degree crimes, depending on the type of weapon and the circumstances. Convictions can result in incarceration terms from 18 months up to 10 years, along with thousands of dollars in fines. The charge increases if the weapon was used in connection with another crime.
What Are Potential Defenses to Firearms and Weapons Charges?
Every case is different, and your defense should reflect your unique charges and circumstances. However, some common defenses include the following:
- Illegal Search and Seizure – If the police violated your Fourth Amendment rights during a search, any resulting evidence could be suppressed.
- No Possession – The state must prove you had control or knowledge of the weapon. Simply being near a firearm isn’t enough to establish guilt. If prosecutors can’t prove you possessed the weapon, they won’t be able to secure a conviction.
- Permit or Exemption – You may have had a lawful reason to possess or transport the weapon, which exempts you from punishment.
What Is Considered a Weapon in New Jersey?
New Jersey’s definition of a weapon includes anything capable of causing serious bodily injury or death. This broad definition covers firearms, knives, clubs, blackjacks, air guns, and even certain household items, like hammers. Firearms are subject to stricter laws than knives or blunt objects. However, even non-firearm weapons can lead to felony charges and prison time.
What Is the Graves Act and Why Is It Important?
The Graves Act imposes mandatory minimum sentences for many firearm-related offenses. This law was originally passed to address and deter gun violence. In short, this law requires people convicted of certain gun crimes to serve a specific portion of their sentence; they won’t be eligible for parole until that time is over.
However, the Act also provides for waivers. Waivers allow the court to consider a lesser sentence or probation in appropriate cases. This is typically offered to defendants with no prior record or those who possessed the weapon under mitigating circumstances.
A skilled weapons charges attorney like Mr. Fay can present compelling reasons why strict imprisonment isn’t warranted. His experience as a former prosecutor often results in more favorable outcomes for his clients.
Which Individuals Are Prohibited from Possessing a Weapon?
Certain individuals are prohibited from owning or possessing firearms and other weapons in New Jersey. These prohibitions generally apply to the following:
- Anyone convicted of certain felonies or a domestic violence offense
- People subject to restraining orders involving domestic violence
- People with mental health conditions that make possession unsafe
- Minors, particularly regarding handguns or certain firearms
Violating these prohibitions can lead to severe penalties, including additional criminal charges. Even if you weren’t aware of your prohibited status, the state may still pursue prosecution.
Contact an Ocean County Weapons Offenses Defense Attorney Today
When you’re charged with a gun crime or any weapons-related offense, having a knowledgeable and accessible attorney matters. Call William Fay, Esq., today for your free, no-obligation consultation.