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NJ Graves Act Lawyers
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NJ Graves Act Lawyers
Hey there! If you or someone you love got charged with a gun crime in New Jersey, you could be looking at some mandatory minimum prison sentences under the state’s strict gun law called the Graves Act. This law can really mess up your life, even if it’s your first offense. That’s why it’s so important to get an experienced Graves Act lawyer on your team to help you through this complicated legal situation. In this article, I’ll give an overview of the Graves Act, talk about some common defenses, and explain how having a lawyer can help. I know this is an incredibly stressful time, and my goal here is to educate you so you understand your rights and options.
What is the Graves Act?
The Graves Act is a New Jersey law that requires mandatory minimum prison sentences for people convicted of certain gun crimes. It was put in place back in 1981 and is considered one of the strictest gun laws in the United States. The purpose is to discourage illegal gun possession and use by imposing really harsh punishments.Under the Graves Act, there is a mandatory minimum sentence of 3 years in prison just for possessing a firearm without a permit. If the gun gets used in connection with other crimes, the mandatory minimum jumps to between 5-10 years behind bars. There are also mandatory parole ineligibility periods.The Graves Act applies to a wide range of gun offenses, including:
- Unlawful possession of a weapon
- Possession of a weapon for an unlawful purpose
- Unlawful possession of a handgun
- Possessing a weapon while committing a CDS offense
- Possessing a weapon while committing a bias crime
Unlike most criminal laws, judges don’t have any wiggle room when it comes to sentencing for Graves Act convictions. They have to impose the mandatory minimum sentence, no matter what the specific circumstances are.
Exceptions and Waivers
There are some limited exceptions and waivers to the Graves Act’s mandatory minimum sentences:
- First-time offenders may be eligible for a waiver of the parole disqualifier if they meet certain conditions, like not being involved in gang activity.
- Out-of-state residents may qualify for a waiver if they can prove the gun is legally registered in their home state and they didn’t intend to unlawfully possess it in NJ.
- Pretrial Intervention (PTI) may be an option for first-timers to avoid a criminal conviction and jail time.
However, these exceptions are narrowly defined in the law and prosecutors often strongly oppose them. Having an experienced attorney is key to pursuing a waiver or PTI for a Graves Act charge.
Mandatory Sentencing and Parole Ineligibility
The Graves Act sets various mandatory minimum prison terms based on the specific offense and other factors:
- 3 years for simple illegal gun possession
- 5 years if it happened on school grounds or a school bus
- 5 years if it occurred along with drug crimes
- 10 years if it occurred with other crimes like robbery, sexual assault, kidnapping, or aggravated assault
In addition, some Graves Act offenses require mandatory parole ineligibility periods. This means the defendant has to serve a certain portion of their sentence before being eligible for parole. For instance, there’s a mandatory 3 year parole disqualifier just for simple illegal gun possession. The length of the parole ineligibility and overall prison sentence depends on the particular circumstances. A lawyer can advise you on the likely penalties if you’re convicted under the Graves Act.
Defenses to Graves Act Charges
Even though the Graves Act has really harsh punishments, there are some defenses an experienced attorney may be able to raise on your behalf. Common defenses include:
- You didn’t knowingly possess the gun – for example, someone else left it in your car without your knowledge.
- You had no intention to use the gun unlawfully – you possessed it lawfully for self-defense, hunting, target practice, etc.
- The search violated your rights – if the police did an illegal search, the gun “evidence” could potentially be thrown out.
- You were misidentified – mistaken identity does happen.
- You were entrapped – law enforcement improperly induced you to commit a crime you wouldn’t have otherwise.
A lawyer will thoroughly investigate the facts of your specific case to determine if any viable defenses apply. The goal is to get the charges dismissed or reduced to avoid Graves Act sentencing.
Why Hire a Graves Act Lawyer?
Given the severe penalties for Graves Act convictions, having an experienced criminal defense attorney represent you is critical. A knowledgeable lawyer can:
- Advise you of your rights
- Work to achieve the most favorable outcome
- Evaluate any possible defenses based on the facts of your case
- Negotiate with prosecutors for dismissal or reduction of charges
- Argue to get evidence suppressed if there was an illegal search
- Advocate for an exception or waiver to mandatory minimum sentencing
- Present mitigating factors to the judge at sentencing
- Guide you through the complex criminal justice process
An attorney has the expertise to effectively challenge the prosecution’s evidence and make well-reasoned legal arguments on your behalf. This can make a huge difference in the outcome compared to facing the legal system alone.
Finding the Right Graves Act Lawyer
If you or someone you care about is facing charges under New Jersey’s Graves Act, the most important thing is to find an experienced criminal defense lawyer right away. Look for an attorney who:
- Focuses specifically on NJ gun crimes and Graves Act cases
- Has a proven track record of positive results
- Will thoroughly investigate all the details of your case
- Will give you honest advice about possible outcomes
- Will aggressively defend you in negotiations and court
- Makes you feel comfortable and supported
Don’t leave your fate up to chance. The right Graves Act lawyer will tirelessly fight for you to help avoid the harsh mandatory minimum sentences. They can make all the difference in how your case turns out.
Conclusion
New Jersey’s Graves Act has some of the toughest punishments in the country for gun crimes. The mandatory minimum sentences can be devastating for people and families. But an experienced criminal defense lawyer can thoroughly examine your case for defenses and aggressively protect your rights and future.If you’re facing charges under the Graves Act, please get help from a qualified attorney right away. With a lawyer on your side, you’ll better understand your options and can make informed choices. There is hope to reach an outcome that avoids years behind bars – having a lawyer may be the key to finding it.Let me know if you have any other questions! I’m always happy to help educate people about their legal rights and options. Wishing you all the best.