NJ New Jersey Handgun Penalties Lawyers

NJ New Jersey Handgun Penalties Lawyers

Getting charged with a gun crime in New Jersey can lead to some pretty harsh penalties. The laws here are strict when it comes to firearms, and prosecutors tend to throw the book at defendants. But having an experienced criminal defense lawyer on your side can make all the difference. Let’s break down what you need to know about NJ gun charges and penalties.

Graves Act

The big one is the Graves Act. This law sets mandatory minimum prison sentences for gun crimes. Even a first offense can mean years behind bars. For example, simple illegal possession of a handgun is 5-10 years in prison [3]. Other charges like possession of a weapon for an unlawful purpose or unlawful possession of an assault firearm can be even longer [6].

The Graves Act is no joke. But there are ways around it if you have the right lawyer. They can argue for a waiver or reduction of the mandatory minimums. Especially for first-time offenders or cases with extenuating circumstances. So don’t just accept what the prosecution offers. Fight it.

Other Penalties

Aside from jail time, a NJ gun conviction can also mean:

• Fines up to $150,000
• Permanent criminal record
• Loss of voting rights
• Inability to own a gun again
• Difficulty finding a job
• Loss of certain professional licenses

And if you’re convicted of a felony, you can say goodbye to a lot of rights and opportunities. Felons often can’t serve on juries, work for the government, or receive welfare benefits. It affects everything from housing to student loans.

Defenses

But don’t lose hope. There are plenty of ways to fight gun possession charges in New Jersey:

• You didn’t know it was there – For example, the gun was left in your car by someone else
• You had no intent to use it unlawfully – You found the gun and were on your way to turn it in to police
• It doesn’t qualify as a firearm – Some devices like BB guns and antique guns don’t count under the law
• Illegal search – If police violated your rights and did an improper search, the evidence may get thrown out
• Self-defense – You only had the weapon to protect yourself against an imminent threat

A skilled lawyer will look at every angle of your case to figure out the best defense. Don’t let the prosecution steamroll you into a guilty plea without exploring your options first.

Recent Changes

New Jersey just passed a new law cracking down on illegal gun trafficking. Anyone who sells firearms without a license now faces steeper penalties if those guns get used in crimes [2]. We’re talking up to 10 years just for the first offense. And if someone gets killed with the gun, it’s a mandatory minimum of 15 years.

The goal is to stop the flow of illegal guns into NJ from states with looser laws. But critics argue it could just penalize lawful owners who sell or lend a gun without going through formal channels.

How this plays out remains to be seen. But it’s something to keep an eye on if you plan on buying, selling, or borrowing firearms in NJ.

Finding a Lawyer

If you or a loved one gets charged with an NJ gun crime, finding the right lawyer is crucial. You want someone experienced specifically in firearm offenses. They’ll understand all the relevant laws and penalties inside and out. Plus they’ll know how to negotiate with prosecutors for better plea deals.

Also look for a lawyer who is compassionate yet aggressive. They should genuinely care about your situation while fiercely defending your rights. Don’t settle for less.

And make sure you feel comfortable communicating openly and honestly with them. You need to give your lawyer all the facts to build the strongest case.

Take the time to research NJ gun lawyers thoroughly. Read reviews and talk to people they’ve helped before. It’s worth the effort to find the best.

With an expert NJ criminal defense lawyer on your side, you can avoid the harshest penalties and maybe even get the charges reduced or dismissed. Don’t go it alone against the powerful prosecutors. Get the strong legal defense you deserve.

References

[1] https://criminallawyerinnj.com/gun-charges-nj-penatlies-punishments/
[2] https://newjerseymonitor.com/2023/08/23/gun-traffickers-face-steeper-penalties-under-new-n-j-law/
[3] https://criminallawyerinnj.com/first-offense-gun-charges-in-nj/
[4] https://www.newjerseygunlawyers.com/unlawful-possession-weapon-nj-2c39-5/
[5] https://www.teamlaw.com/criminal-defense/gun-charges/
[6] https://www.breslowlaw.com/weapons-charges/unlawful-posession-of-a-weapon-nj