Possession of a Weapon for an Unlawful Purpose NJ
Firearms Defense Attorneys with offices in Morristown, Newark, Hackensack NJ
If you or a loved one has been charged with possession of weapon for unlawful purpose, the Tormey Law Firm can help. Our experienced firearms defense lawyers have been representing clients charged with illegal gun possession in NJ for many years. In fact, members of our trial team include several former county prosecutors who prosecuted gun offenses for the State of NJ – now they will be working for you on creating a comprehensive defense strategy to combat your charges in court. Contact our offices anytime for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
Note: Mr. Tormey, our firm’s managing partner, was recently recognized as one of the top 10 criminal defense attorneys in the State of New Jersey.
Possession of a Weapon for an Unlawful Purpose : NJSA 2C:39-4
A charge for possession of a weapon for an unlawful purpose is governed by N.J.S.A. 2C:39-4. It is important to remember that these charges are not based on the mere possession of the weapon (such as an unlawful possession of a weapon charge). In this case, the possession of the weapon itself may not have been illegal (if you have a valid firearms ID card and are in your own home for example). However, the charges arise based on the way the weapon was used – such as pointing the weapon at a neighbor or threatening a wife or husband with it. In these scenarios, the charges are filed under section (a)(1) which is a crime of the second degree punishable by 5-10 years in prison if convicted.
NOTE: All firearms offenses in New Jersey are governed by the Graves Act. This law requires mandatory prison time and parole ineligibility if convicted of these weapons offenses even for someone with no prior criminal history. For example, the typical offer on a second degree gun charge to someone with no prior record is five (5) years in prison, three (3) years to be served without the possibility of parole. If you have a prior criminal record, the offer usually goes up from there.
Sections (b) and (c) of the statute governs explosives and other destructive devices which are also second degree offenses. Section (d) governs other weapons which is a third degree crime (like a knife or a baseball bat). A third degree crime is punishable by 3-5 years in jail with a presumption of non-incarceration for first time offenders.
Finally, section (e) governs imitation firearms which is a crime of the fourth degree, the lowest level indictable (felony) we have in the State of NJ. This is punishable by up to 18 months in state prison if convicted.
As you can see, the penalties for possession of a weapon for an unlawful purpose are severe. Let our weapons defense lawyers fight these serious charges and work to have them lowered or dismissed. Contact our offices anytime for a free consultation at 201-556-1570.