NJ Handgun Possession Lawyers

NJ Handgun Possession Lawyers

If you have been charged with unlawful possession of a handgun in New Jersey, you need an experienced criminal defense attorney on your side. Handgun possession laws in NJ are complex and failing to comply can lead to serious penalties. Let’s break down what you need to know about NJ handgun laws and how a knowledgeable lawyer can defend your rights.

New Jersey Handgun Possession Laws

In New Jersey, it is illegal to possess a handgun without a permit that has been properly issued by the state. There are a few exceptions, such as possessing a handgun in your home or business, but in general you need a valid firearms purchaser identification card (FID) or permit to purchase a handgun in order to legally possess one in NJ [2].

There are different categories of handgun possession crimes in NJ:

• Possession of a handgun without a permit – This is a second degree felony punishable by 5-10 years in prison.
• Possession of a handgun for an unlawful purpose – This is a second degree offense punishable by 5-10 years in prison.
• Unlawful possession of a weapon (handgun) – This is a third degree crime punishable by 3-5 years in prison.

As you can see, the penalties for unlawfully possessing a handgun in NJ are severe. Even a conviction for a third degree offense can result in years behind bars. That’s why it’s critical to have an experienced NJ gun lawyer on your side if you’ve been accused of illegal handgun possession.

Defenses for NJ Handgun Possession Charges

Although NJ has strict laws regarding handguns, there are defenses that can be used to fight the charges. A knowledgeable lawyer will evaluate the details of your case to determine the best defense strategy. Here are some common defenses for handgun possession charges:

• You had no knowledge the gun was present – If the handgun was found in your home or car, you may argue you had no knowledge it was there. This is especially compelling if others have access to the property.
• The handgun was obtained legally – In some cases, the handgun may have been purchased lawfully but the permit expired. While charges may still apply, it’s not as severe as obtaining a gun illegally.
• You have a valid defense like self-defense – There are instances where possession of a handgun may have been justified, such as using it to protect yourself or loved ones.
• The search was unlawful – If police performed an illegal search, any evidence found may be suppressed. A skilled lawyer will evaluate if your 4th Amendment rights were violated.

An attorney can also negotiate with prosecutors for reduced charges or pre-trial intervention. With so much at stake, don’t go it alone against complex NJ gun laws.

Why Hire an NJ Handgun Possession Lawyer?

Navigating New Jersey’s gun laws and fighting criminal charges is difficult without an attorney on your side. An experienced lawyer will protect your rights in the following ways:

• Evaluate any possible defenses based on the specifics of your case.
• Negotiate with prosecutors for reduced charges or diversion programs.
• Suppress evidence if your rights were violated during the investigation.
• Obtain experts to bolster your defense strategy.
• Present evidence and cross-examine witnesses during hearings and trial.
• Guide you through the complex pre-trial and trial process.

An NJ gun lawyer has the expertise to defend your rights at every stage, whether it’s a disorderly persons offense or first degree felony. Don’t leave your future to chance – contact a criminal defense attorney today.

Finding the Right NJ Handgun Possession Lawyer for Your Case

All attorneys are not equal when it comes to gun possession cases. It’s important to find someone who is well-versed in NJ firearm laws and has a proven record of success. Here are some tips for finding the right lawyer:

• Look for an attorney who specializes in gun crime cases – you want someone who lives and breathes NJ gun laws.
• Choose a lawyer who is experienced in criminal trials – if your case goes to trial, courtroom skills are critical.
• Find an attorney who is respected by prosecutors – this can help with more favorable plea deals.
• Select a certified criminal trial attorney – this validates the lawyer’s skills and expertise.
• Meet with the lawyer in person – make sure you feel comfortable and confident in their abilities.

It’s also important to understand the lawyer’s fees upfront and get their strategy for defending you. Don’t leave your future in the hands of just any attorney – do your research to get the best defense.

What to Expect at Trial for a NJ Handgun Possession Charge

If your handgun possession case goes to trial, here is what you can expect:

• Jury selection – the lawyer and prosecutor will question and select jurors.
• Opening statements – both sides present their case overview to the jury.
• Prosecution evidence – police officers will testify on finding the gun and your statements.
• Cross-examination – your attorney will question prosecution witnesses.
• Defense evidence – your lawyer may call expert witnesses to support your defense.
• Closing arguments – final chance for both sides to argue their case.
• Jury deliberation – the jury will weigh the evidence and reach a verdict.

Your lawyer’s role is critical in raising doubts about the prosecution’s case during cross-examination and presenting persuasive evidence and arguments. An experienced attorney can make all the difference at trial.

Potential Sentences for NJ Handgun Possession Convictions

If convicted of unlawful handgun possession in NJ, here are the potential penalties you face:

• 2nd degree felony – 5 to 10 years in state prison
• 3rd degree felony – 3 to 5 years in state prison
• 4th degree felony – Up to 18 months in state prison
• Disorderly persons offense – Up to 6 months in county jail

The judge has discretion in sentencing based on the facts of the case and your criminal history. Other penalties may include fines, probation, and loss of civil rights. Your attorney will fight for the lightest sentence possible if convicted.

Getting Your Rights Restored After a NJ Handgun Conviction

A handgun conviction results in losing your right to own or possess firearms in NJ. Your attorney can advise you on the process to get your gun rights restored, which involves applying to the Superior Court. The court will evaluate factors like:

• How much time has passed since the conviction
• Whether you have completed probation or parole
• Employment and community ties
• Other evidence of rehabilitation

If approved, your right to own and carry firearms will be fully restored. An experienced lawyer gives you the best chance to regain your gun rights.

Consult an Aggressive NJ Handgun Possession Lawyer Today

Handgun possession charges can disrupt your life and freedom. Fight back with an assertive lawyer on your side. They will thoroughly examine your case, build a strong defense, and advocate for your rights at every step. Don’t leave your future to chance – contact a seasoned NJ gun crime attorney today.

Sources:

• [1]
• [2]