NJ Possession of a Firearm for an Unlawful Purpose Lawyers

NJ Possession of a Firearm for an Unlawful Purpose Lawyers

Being charged with possession of a firearm for an unlawful purpose in New Jersey comes with severe criminal penalties if convicted. Under statute 2C:39-4, it is illegal to possess a firearm with the intent to use it unlawfully against a person or property.

These complex weapons charges require an experienced criminal defense attorney to counteract the allegations and build an assertive defense focused on acquittal or getting charges reduced. The stakes are high, as even first offenses come with a mandatory minimum 3-5 years in prison upon conviction.

Unlawful Purpose Firearm Possession in NJ

Under New Jersey’s unlawful purpose statute 2C:39-4, it is a second-degree felony to knowingly possess a firearm with the purpose to use it unlawfully against a person or property of another. This requires prosecutors to prove:

• You knowingly possessed a firearm
• You intended to use the firearm unlawfully against a person or property

The intended unlawful use does not have to occur. Simply possessing the firearm with unlawful intent is sufficient for charges.

Penalties for Unlawful Purpose Convictions

Illegal possession of a firearm for an unlawful purpose brings severe penalties under New Jersey law. Potential sentences include:

• 3-5 years mandatory minimum prison
• Up to 10 years maximum prison
• Fines up to $150,000
• Parole supervision for life

Sentencing enhancements like the Graves Act can further increase jail time. And possession in a school zone, public housing, or on public transit brings additional penalties.

Hiring an Experienced Criminal Defense Attorney

Given the strict penalties, defending against unlawful purpose firearm charges requires legal counsel well-versed in New Jersey’s complex gun laws. Look for a lawyer who:

• Focuses specifically on defending weapons charges
• Has represented unlawful purpose firearm cases before
• Is familiar with local prosecutors and judges
• Has a track record of favorable case results

Don’t take chances on your defense. Thoroughly vet attorneys to find the best one to fight your charges aggressively.

Fighting Unlawful Purpose Firearm Charges

There are various strategies an experienced lawyer may use to attack unlawful purpose firearm possession allegations, such as:

• File motions to suppress evidence due to unconstitutional search
• Dispute whether you knowingly possessed the firearm
• Challenge lack of proof of unlawful intent
• Allege entrapment by police

An assertive attorney will leave no stone unturned in undermining the prosecution’s version of events and creating reasonable doubt regarding your guilt.

When is a Plea Bargain Appropriate?

In some cases, pleading guilty in exchange for reduced charges may be the best strategic option. For example, pleading to simple illegal possession without unlawful purpose can avoid the mandatory 3-year prison sentence.

Your lawyer will advise if a plea bargain makes sense based on the circumstances. But you should be reluctant to accept any plea with guaranteed jail time.

Are Unlawful Purpose Charges Defensible in Court?

Yes, absolutely. Skilled NJ gun crimes lawyers know how to exploit weaknesses in the prosecution’s case and create reasonable doubt regarding your guilt. Some examples of vulnerabilities:

• Illegal search leading to discovery of the firearm
• Lack of direct evidence tying you to the firearm
• No evidence showing unlawful intent
• Credibility issues with police witnesses

Talk to your lawyer about the specifics of your case. Viable defenses often exist that you may not be aware of.

Avoiding Conviction is Paramount

The penalties for unlawful purpose firearm possession in New Jersey are severe, with a 3-year mandatory minimum prison sentence for even first offenses. But an aggressive defense lawyer can often get charges reduced or dismissed when flaws exist in the prosecution’s case.

Don’t simply accept a plea deal with guaranteed jail time without exploring all options first. And never represent yourself pro se against these complex charges. Your freedom is on the line.

Are BB Guns and Replica Guns Charged the Same as Real Firearms?

Potentially yes. Under N.J.S.A 2C:39-5, BB guns, airsoft guns, and replica firearms can lead to the same criminal charges as actual deadly weapons if used to intimidate or in connection with crimes.

However, an experienced attorney can argue that lighter penalties are warranted for replica guns. Proving you never intended to use it unlawfully or to threaten others can help achieve more favorable outcomes.

Conclusion

Defending against unlawful purpose firearm possession charges in New Jersey requires an experienced criminal defense attorney. The laws are complex, the mandatory minimum penalties are severe, and prosecutors must prove unlawful intent.

But viable defenses often exist that can lead to dismissal or reduction of charges. Don’t assume that pleading guilty is your only option. An aggressive lawyer can frequently get charges dropped or mitigated through suppression motions, plea bargains, or securing a favorable trial verdict.

Your rights and freedom are worth fighting for. Don’t let unlawful purpose firearm charges ruin your life without exploring every defense first.

References

[1] New Jersey Unlawful Purpose Firearm Possession Law – 2C:39-4

[2] NJ Court Rules on Attorney Conduct

[3] Possession of Weapons for Unlawful Purposes NJ 2C:39-4