John P. Robertson II — New Jersey Gun Charges Defense Attorney
Experienced New Jersey Weapons Defense Lawyer with Prosecutorial Background
John began his legal career in 1986 as an Assistant Prosecutor with the Morris County Prosecutor’s Office, where he gained firsthand experience evaluating evidence, presenting cases to grand juries, and working alongside law enforcement. Since transitioning to private practice in 1989, he has dedicated himself to defending the rights of those facing criminal accusations — using his prosecutorial background to anticipate the State’s strategy in gun cases and identify weaknesses in the case against his clients.
Why a Former Prosecutor Matters in NJ Gun Cases
New Jersey is one of the toughest states in the country when it comes to gun charges. A second-degree unlawful possession of a weapon charge carries a presumption of incarceration and falls under the Graves Act, which mandates a minimum of 42 months in state prison without the possibility of parole. Successfully defending these cases requires more than general criminal defense experience — it requires a deep understanding of how prosecutors evaluate, charge, and try gun cases.
John’s former role as an Assistant Prosecutor gives him unique insight into:
- How prosecutors evaluate the strength of gun cases at intake
- What evidence does the State consider essential to a conviction
- How probable cause is established (and where it can be challenged)
- What factors influence the Graves Act waiver negotiations
- How PTI applications are reviewed and approved
- What arguments resonate with judges in plea negotiations
This insider perspective gives John’s clients a real strategic advantage — particularly in cases where the path to a favorable outcome depends on negotiating with the prosecutor’s office.
Areas of Practice
John focuses on serious criminal matters, with particular attention to weapons and firearms cases throughout New Jersey:
- Criminal Weapons Charges — Including unlawful possession of a weapon (2C:39-5), possession for unlawful purpose (2C:39-4), and certain persons (felons) offenses (2C:39-7)
- First Offense Gun Cases — Defending out-of-state and in-state residents facing their first weapons charge
- Graves Act Defense — Including Graves Act waiver applications and mandatory minimum sentencing challenges
- Pre-Trial Intervention (PTI) for Gun Charges — Pursuing diversionary programs to avoid felony convictions and prison time
- Specific Weapon Categories — Including assault weapons, high capacity magazines, hollow point bullets, BB and pellet guns, knives, machine guns, and ghost guns
- Aggravated Weapons Offenses — Aggravated assault with a weapon, armed robbery, burglary with a weapon, and carjacking
- Gun Permits and Licensing — Including gun permit denial appeals, handgun carry permits, and expungements to restore firearms eligibility
- Extreme Risk Protective Orders (ERPOs) — Defending against red flag petitions and pursuing the return of seized weapons
- Out-of-State Gun Cases — Defending out-of-state residents charged at Newark Airport, on the NJ Turnpike, or while transporting firearms through New Jersey
- Federal Gun Charges — Defending against federal firearms violations
Defense Strategies in NJ Gun Cases
John approaches every gun case with a comprehensive review of the facts, evidence, and procedural history. Common defense strategies in New Jersey gun cases include:
- Challenging the probable cause for a traffic stop or detention that led to the discovery of the weapon
- Examining search warrants for procedural and constitutional defects
- Fighting consent searches where the consent was coerced or improperly obtained
- Establishing a lack of constructive possession when the weapon was found in a shared space or vehicle
- Pursuing PTI admission for first-time offenders with otherwise clean records
- Negotiating Graves Act waivers to avoid mandatory minimum sentences
- Challenging the chain of custody and forensic evidence
- Identifying constitutional violations at any stage of the investigation
Recognition and Professional Honors
John’s commitment to client representation has earned him recognition throughout his career:
- Selected for inclusion in the New Jersey Super Lawyers list in the area of Criminal Defense (2009, 2015–2021)
- Recognized in DWI/DUI Defense
- Officer of the Morris County Bar Association
- Former Chairman of the MCBA Municipal Court Practice Committee
- Former Member of the District X Ethics Committee (Morris/Sussex)
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the selection methodology.
Thought Leadership and Continuing Education
John is an active contributor to the New Jersey legal community. He has participated as a moderator and speaker at legal seminars covering criminal defense, DWI, the Alcotest 7110 breath testing instrument, and juvenile delinquency. He has authored articles on the expungement process and the collateral consequences of motor vehicle violations — topics directly relevant to firearms eligibility, since prior convictions can disqualify a person from owning a gun in New Jersey under N.J.S.A. 2C:39-7.
Education and Bar Admissions
| Law School | Dickinson School of Law of the Pennsylvania State University, Carlisle, Pennsylvania — J.D., 1986 |
| Undergraduate | Bucknell University — B.A., cum laude, 1983 |
| Bar Admissions | New Jersey, 1987 · Pennsylvania, 1986 |
| Years of Experience | 38+ years |
Counties Served Across New Jersey
John defends clients facing gun and weapons charges throughout New Jersey, with particular experience in:
- Morris County — Morristown Superior Court and surrounding municipal courts
- Essex County — Newark Superior Court and area municipal courts
- Union County — Elizabeth Superior Court and countywide municipal venues
- Bergen County — Hackensack Superior Court and surrounding municipal courts
- Passaic County — Paterson Superior Court and area municipal courts
- Hudson County — Jersey City and surrounding venues
- Middlesex County — New Brunswick Superior Court
- Monmouth, Somerset, Hunterdon, and Sussex Counties
Speak with a NJ Gun Charges Defense Attorney Today
If you or a loved one has been charged with a gun or weapons offense in New Jersey, time matters. The penalties for gun charges in New Jersey are severe — including mandatory minimum prison sentences under the Graves Act — but early intervention by an experienced defense attorney can dramatically improve the outcome of your case.
The Tormey Law Firm offers free initial consultations and is available 24 hours a day. Call (201) 614-2474 to speak with John or another member of our firearms defense team, or contact us online to schedule a confidential case review.