Weapons Offenses Attorney in New Jersey

Have New Jersey police arrested you for a gun crime? Facing prosecution for a weapons offense can be stressful and anxiety-producing, as you may feel as though the entire system is against you. However, you don’t have to deal with gun charges alone. Hiring a seasoned criminal defense attorney can help you fight for a favorable outcome for your charges.

Contact William Fay, Esq., for a free, no-obligation initial case review. Discover how a reliable and determined New Jersey gun defense lawyer can fight to protect your rights, reputation, and future from the potential consequences of an arrest or conviction for a weapons charge.

Why Hire William Fay for Your Weapons Offenses Defense in New Jersey?

When you choose Mr. Fay to represent you as your weapons charges attorney, you can expect professional legal representation and client service. As a former New Jersey deputy attorney general, he has seen how prosecutors prepare cases — because he was one of the people who did it. Mr. Fay utilizes his knowledge to craft innovative legal strategies that target the weak points in the state’s case. He thoroughly reviews the facts and evidence in a case to develop a tailored defense.

You will always have direct contact with Mr. Fay via phone, eliminating the need to go through a paralegal or legal assistant. You can also expect that he will handle every detail of your case from start to end. Your case will never end up in the hands of an associate or junior attorney. Mr. Fay’s client-focused and results-driven approach ensures that we will fight for the best possible results in your case, while also remaining approachable and compassionate.

Reach out today for your free, fully confidential case review.

Why Do You Need a Lawyer When Facing Weapons Offense Charges?

Prosecutors in New Jersey vigorously pursue convictions for firearms offenses due to perceptions about the dangerousness of guns. As a result, having legal representation can level the playing field for you to stand up for your rights and interests.

A seasoned and tenacious weapon charges attorney like Mr. Fay can help you face prosecution for a violation of New Jersey gun carry laws by doing the following:

• Independently investigating your charges to obtain all available evidence, so you don’t have to rely on the prosecution’s case file
• Reviewing the facts and evidence to determine what defenses you may have against your charges
• Helping you understand the details of your charges and the potential sentences you could face
• Protecting your rights and fighting for a prompt resolution by contesting the prosecution’s evidence or the sufficiency of its case
• Pursuing the best possible resolution to your charges, even when you choose to take your case to trial

What Are New Jersey’s Weapon Possession Laws?

New Jersey weapon laws focus on prohibiting the unsafe and unauthorized ownership, possession, and use of firearms. Some of the most common examples of weapon crimes include the following:

• Possession of a firearm without a required permit
• Possession of a firearm in the course of a drug distribution or trafficking offense
• Possession of a firearm by a prohibited person
• Illegally manufacturing or transporting firearms
• Possessing a firearm for an unlawful purpose
• Possession of an illegal firearm (e.g., assault rifles, sawed-off shotguns, firearms with large capacity magazines, silenced firearms)
• Defacing a firearm (altering or removing a serial number or other identifying mark)
• Unlawful transfer of firearms
• Possession or transfer of a community gun
• Assault with a deadly weapon
• Brandishing a weapon

What Are the Mandatory Sentencings for New Jersey Weapons Charges?

In New Jersey, the law can impose mandatory minimum sentences for certain weapons charges. Specifically, the Graves Act may require defendants convicted of certain firearms offenses to serve mandatory minimum sentences that disqualify them from parole for the duration of the mandatory minimum term.

What Degree Is a Weapons Offense in New Jersey?

In New Jersey, the law grades most weapons offenses as indictable crimes (called felonies in other jurisdictions). Fourth-degree crimes encompass the least serious weapons offenses, whereas first-degree crimes encompass the most serious offenses. The degree of a weapons offense in New Jersey can also determine the base sentencing range, which is as follows:

• Fourth-Degree Crime – Up to 18 months in prison and a potential fine of up to $10,000
• Third-Degree Crime – Three to five years in prison and a potential fine of up to $15,000
• Second-Degree Crime – Five to 10 years in prison and a potential fine of up to $150,000
• First-Degree Crime – 10 to 20 years in prison and a potential fine of up to $200,000

What Are Potential Defenses to Firearms and Weapons Charges?

A person facing prosecution for a weapons charge in New Jersey may have various defenses to raise against the prosecution’s case. Potential defenses that can apply to gun cases include the following:

• Lack of Possession – Defendants can argue that the prosecution’s evidence fails to prove that they had actual or constructive possession of the firearm(s) at issue.
• Lawful Possession – A defendant may present evidence of their lawful possession of a firearm, such as an applicable license or work-related possession (e.g., military service).
• No Disqualification – Defendants may argue that they do not fall within the category of any person prohibited by state law from possessing firearms.
• Self-Defense/Necessity – A defendant may justify unlawful possession of a firearm by claiming necessity, such as by asserting that they acted in self-defense or defense of others.
• Mistaken Identity – For certain weapons-related offenses, a defendant may argue that a victim or eyewitness erroneously identified them as the perpetrator.
• Unlawfully Obtained Evidence or Statements – Defendants may challenge the admissibility of evidence or statements in the prosecution’s case by arguing that law enforcement obtained them through an illegal search or an interrogation that violated their rights.

What Is Considered a Weapon in New Jersey?

New Jersey law defines a weapon as “anything readily capable of lethal use or of inflicting serious bodily injury … [including, but] not limited to, all firearms, even though not loaded or lacking a clip or other component to render them immediately operable” as well as “components which can be readily assembled into a weapon.”

State law also considers various stabbing devices, including “gravity knives, switchblade knives, daggers, dirks, stilettos,” as weapons. The law also defines weapons to include “billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti, or other similar leather bands studded with metal filings or razor blades embedded in wood.”

Finally, stun guns and any other weapon or device that projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized also qualify as weapons in New Jersey.

What Is the Graves Act and Why Is It Important?

In New Jersey, the Graves Act governs sentencing in firearms offenses and other crimes involving the use of weapons. The Act ensures that offenders serve lengthy prison sentences and long periods of parole ineligibility for gun crimes, even if an offender has no prior criminal history. Some of the crimes subject to the Graves Act include the following:

• Unlicensed possession of a firearm
• Possession or use of a firearm in the course of a drug offense
• Defacing a firearm
• Possession of a firearm by a prohibited person

A person convicted of a Graves Act offense under New Jersey law will face a mandatory minimum sentence that imposes a substantial period of parole ineligibility. The mandatory minimum sentence must equal the greater of one-half the term imposed by the trial court or 42 months, or 18 months for a fourth-degree crime.

When the Graves Act applies to a case, prosecutors have limited discretion in negotiating a plea deal unless they obtain a “Graves Act waiver” from the New Jersey Attorney General’s Office. This allows prosecutors to offer a plea bargain below the mandatory minimums set by the Graves Act.

Which Individuals Are Prohibited from Possessing a Weapon?

Under New Jersey law, certain individuals are prohibited from possessing firearms or ammunition. When a “prohibited person” owns or possesses a gun, they may face criminal prosecution for weapons possession. “Prohibited persons” include any individual with a prior conviction for an indictable crime (popularly known as a felony) or a conviction for any offense involving domestic violence.

Furthermore, a conviction for specific categories of offenses can also disqualify an individual from possessing a firearm, including the following:

In addition, any person previously committed to a hospital, mental institution, or sanitarium for a mental disorder cannot lawfully possess firearms unless they can present proof that they no longer have a mental disorder. Finally, any person convicted of an offense, attempt, or conspiracy related to the use, possession, or sale of drugs may not possess or own firearms.

A person also may not possess firearms if they have had their guns seized under the Prevention of Domestic Violence Act or if they have become the subject of a protective order prohibiting their possession of firearms. A person subject to a court-issued Extreme Risk Protective Order prohibiting the possession or ownership of firearms may not have firearms.