Possession of a Weapon for Unlawful Purposes in New Jersey

Being charged with possession of a weapon for unlawful purposes in New Jersey can have serious consequences. This article will provide an overview of the relevant laws, penalties, and potential defenses for this charge.

What is Possession of a Weapon for Unlawful Purposes?

Under New Jersey statute 2C:39-4, it is illegal for a person to possess any type of weapon if they intend to use it unlawfully against another person or property.

The law does not require that the weapon actually be used – merely possessing it with unlawful intent is enough for a charge. The type of weapon and the circumstances will determine the degree of the crime and potential penalties.

What Qualifies as a Weapon?

New Jersey law defines “weapon” very broadly. Essentially, anything that is readily capable of lethal use or inflicting serious injury can be considered a weapon[1]. This includes obvious weapons like firearms, knives, and brass knuckles, but also everyday objects like baseball bats, tire irons, scissors, and glass bottles if possessed with unlawful intent.

Degrees of the Crime

Possession of a weapon for an unlawful purpose is categorized into different degrees depending on the type of weapon[2]:

• 2nd degree crime: For possession of a firearm, explosive device, or destructive device
• 3rd degree crime: For possession of any weapon besides a firearm, explosive device, or destructive device
• 4th degree crime: For possession of an imitation firearm that could be mistaken for a real firearm

Penalties

The penalties for being convicted of possessing a weapon for an unlawful purpose depend on the degree of the crime[3]:

• 2nd degree: 5-10 years in prison and up to a $150,000 fine
• 3rd degree: 3-5 years in prison and up to a $15,000 fine
• 4th degree: Up to 18 months in prison and up to a $10,000 fine

These penalties are in addition to any sentences received for other related charges like assault or robbery.

Defenses

There are several potential defenses if you’ve been charged with possession of a weapon for an unlawful purpose[4]:

• You did not actually possess the weapon: If there is insufficient evidence you actually possessed the item, the charges can be dismissed.
• The item was not a “weapon”: Many everyday objects can be considered weapons depending on the circumstances. Your attorney can argue the item did not meet the legal definition of a weapon.
• No unlawful purpose: Even if you possessed an item that could be used as a weapon, you may have had it for a legitimate purpose like self-defense. The prosecution has to prove you specifically intended to use it to commit a crime.
• Unlawful search and seizure: If the police did not have probable cause to stop and search you, any weapons found may be inadmissible.

An experienced criminal defense attorney can evaluate the details of your case and build the strongest defense strategy.