New Jersey may arguably have the strictest weapons laws in the nation. Depending on the circumstances of your case, the laws of New Jersey may required one to be incarcerated regardless of whether one has a previous criminal.
New Jersey law precludes individuals from owning the following types of weapons:
- sawed off shotgun
- daggers, switchblades
- body armor that will resist bullets
- defaced firearms
New Jersey categories indictable crimes in four degrees. Crimes of the first and second degree have a presumption of incarceration. Crimes of the third and fourth degree do not have a presumption of incarceration.
In New Jersey, the mere possession of a weapon for an unlawful purpose may be a crime.
Under the Graves Act, one committed of certain weapons offenses must serve a minimum of three years in prison prior to being eligible for parole. However, a qualified attorney may the request the court to grant a Graves Act Waiver.
Strategies to fight a weapons defense vary depending on the circumstances of one’s arrest. Below are several examples:
- The weapon was discovered by the police based on an illegal search. The suspect did not consent to the search.
- The police did not have probable cause to detain the suspect.
Common weapons offenses include:
- unlawful possession of a weapon N.J.S.A. 2C: 39-5
- possession of a weapon for an unlawful purpose N.J.S.A. 2C: 39-4
- unlawful disposition of a firearm N.J.S.A. 2C: 39-9
- certain persons offenses N.J.S.A. 2C:39-7
Contact our office for a free case evaluation. We will carefully review the facts of your case. We will identify the strengths and weaknesses of the government’s case. We will advise you of your best course of action.