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NJ Possession of an Illegal or Prohibited Weapon Lawyers
Fighting Illegal Weapon Possession Charges in New Jersey
Being charged with possessing an illegal or prohibited weapon in New Jersey is scary. These allegations can threaten your reputation, freedom, and future if not properly defended. Here in New Jersey, illegal weapon charges should never be taken lightly.
In this article, I’ll explain what constitutes illegal weapon possession under NJ law, potential penalties, and viable defense strategies. My goal is to help you understand your rights and options if facing these serious criminal charges in New Jersey.
Illegal Weapon Possession Laws in New Jersey
The main New Jersey statute covering illegal weapon possession is 2C:39-3. Under this law, it is illegal to possess certain prohibited weapons such as[1]:
- Destructive devices like bombs, grenades, rockets
- Machine guns, sawed-off shotguns
- Silencers, large capacity ammunition magazines
- Ballistic knives, gravity knives, switchblade knives
- Blackjacks, sandclubs, slingshots, metal knuckles
These are considered inherently dangerous devices with no lawful use. Mere possession is a crime regardless of intent or purpose[2].
Penalties for Illegal Weapon Possession Convictions in NJ
Illegal weapon possession is categorized from 3rd to 1st degree crimes based on the type of weapon involved. Potential penalties upon conviction include[3]:
- 3rd Degree – Up to 5 years in prison
- 2nd Degree – 5 to 10 years in prison
- 1st Degree – 10 to 20 years in prison
Fines up to $150,000 and other consequences like probation may also apply[4]. Prior felony convictions can lead to mandatory extended prison terms.
Defending Against Illegal Weapon Possession Charges in NJ
While illegal weapon possession charges may seem straightforward, viable defenses often exist. An experienced criminal defense lawyer could argue[5]:
- You did not actually or constructively possess the prohibited weapon
- You had no knowledge the item was an illegal weapon
- The weapon was an antique or replica exempt under the law
- The police violated your rights in seizing the weapon
An effective defense requires aggressively contesting the prosecution’s evidence and legal interpretations. For example, arguing the weapon was legally owned and stored at your residence[6].
Why Hiring an Attorney is Crucial
Attempting to defend yourself against illegal weapon possession charges is extremely risky. These cases require complex legal arguments that only an experienced criminal defense lawyer can effectively pursue. An attorney can help by:
- Filing motions to suppress illegally seized weapons
- Negotiating dismissal or reduction of charges
- Navigating strict sentencing guidelines
- Avoiding mandatory minimum prison sentences
Navigating New Jersey’s complex weapons laws on your own often leads to conviction. Consult an attorney as early as possible to protect your rights.
Let Our Attorneys Help Fight Your NJ Illegal Weapon Charges
Defending against illegal weapon possession allegations in New Jersey requires experienced legal representation. Our team of criminal defense attorneys includes experts in weapons law with a proven record of successfully defending 2C:39-3 charges. Let us review your case and build the strongest defense.
Don’t leave your future solely in the hands of prosecutors – make sure your rights are protected. Contact our office today to schedule a free consultation. There are options in these cases and we can help you identify the best legal strategies.