Unlawful Possession of a Weapon NJ
NJ Firearms Defense Lawyers with offices in Hackensack, Newark, Morristown NJ
The firearms defense attorneys at the Tormey Law Firm LLC represent clients facing illegal weapons offenses, including unlawful possession of a weapon throughout the State of New Jersey. In fact, the firm has offices located throughout New Jersey including in Hackensack, Morristown, and Newark. Our trial team is composed of experienced criminal defense lawyers including former firearms prosecutors who now use their experience to defend our clients charged with weapons offenses. If you or a loved one is facing a weapons charge in NJ, you’ve come to the right place. Contact the Tormey Law Firm immediately for a free initial consultation at 201-556-1570.
Unlawful Possession of a Weapon: N.J.S.A. 2C:39-5
The criminal statute governing charges for unlawful possession of a weapon in New Jersey is N.J.S.A. 2C:39-5. Section (a) governs weapons offenses for machine guns which is a second degree offense punishable by 5-10 years in New Jersey State prison if convicted. Section (b) covers handguns which is a third degree offense for BB guns and airsoft guns, otherwise it’s a second degree crime.
NOTE: The difference between a second degree offense and a third degree offense is significant. A second degree crime is punishable by 5-10 years in jail with a presumption of imprisonment even if you have no prior record. A third degree offense, on the other hand, is punishable by 3-5 years in jail but there is a presumption against incarceration for first-time offenders.
Section (c) governs rifles or shotguns which are generally third degree offenses.
Section (d) governs “other weapons,” which are fourth degree crimes punishable by up to 18 months in jail. Other weapons may encompass baseball bats, brass knuckles, knives, or any other items that the State believes had were being possessed as “weapons.”
Section (f) governs assault weapons which are generally second degree offenses.
NOTE: All firearms offenses in New Jersey are governed by the Graves Act which requires mandatory jail time and parole ineligibility if convicted of these offenses. The typical plea offer on a unlawful gun charge (even if the person has no prior record) is 5 years in prison, 3 years to be served before the possibility of parole.
For additional information or immediate assistance, contact the Tormey Law Firm at 201-556-1570. The initial consultation is always provided free of charge.