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Illegal Handgun Charges in Newark Result in Probationary Sentence, No Jail Time

Unlawful Possession of Weapon Charges Essex County NJ

“Client was arrested and charged with illegal possession of a handgun in Newark NJ without a permit. We fought the case for a year and finally got probation with no jail time.”

Illegal Gun Charge Essex County NJ Need LawyerDo you need a lawyer for a gun charge in Essex County? You’ve come to the right place. We will examine all the facts and circumstances of your arrest and charges to provide you with the best possible defense. Here is a case we successfully handled for a client arrested and charged with 2nd degree unlawful possession of a weapon in Newark with great results.

In December 2017, our client was arrested in his apartment building with a .40 caliber ruger handgun without a permit, in violation of N.J.S.A. 2C:39-5(b). He was also charged for having an extended magazine for the gun in violation of N.J.S.A. 2C:39-3(j). He allegedly had his handgun in his pants in the hallway outside of his apartment. The police officers alleged that he had it in his belt in plain view with the door open to his apartment and he was standing in the hallway. Our client alleged that the gun was inside is apartment on a coffee table and the officers saw it from outside his apartment. This is a crucial distinction under the law because it is legal for his to possess the weapon inside his apartment (under the Homestead exception) but it is illegal for him to possess the weapon outside of the apartment (even in the hallway).

As usual, the plea offer was 5 years in prison, 42 months to be served without the possibility of parole. Based on the issues with the search, we filed a motion to suppress the weapon based on the homestead exception (being in his apartment) and to challenge the search of the police officers allegedly finding the weapon in his pants.

Based on these legal issues, the prosecutor agreed to a Graves Act waiver and obtained approval from his office to a probationary sentence. As a result, the client was sentenced to probation and was able to avoid the mandatory prison time and parole ineligibility typically associated with a firearms conviction in New Jersey.

Arrested, Need Lawyer for Gun Charge in Newark Court? Contact Us Today

This was a great result for our client and the law firm. If you or loved one has a gun charge in Essex County, contact our offices anytime for immediate assistance. The initial consultation is always provided free of charge.

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If you or a loved one is in need of assistance with a gun related issue in New Jersey, you've come to the right place. Contact our experienced firearms defense trial team anytime for immediate assistance at (201) 614-2474. The initial consultation is always provided free of charge.


Areas We Serve

The firearms lawyers at the Tormey Law Firm represent clients charged with weapons offenses in Bergen County (Hackensack), Essex County (Newark), Morris County (Morristown), Passaic County (Paterson), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Camden County (Camden), Warren County (Belvidere), Hunterdon County (Flemington), Monmouth County (Freehold), Ocean County (Toms River), Burlington County (Mount Holly), Sussex County (Newton), Mercer County (Trenton) and throughout New Jersey.

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Hackensack
Office

254 State Street

Hackensack, NJ 07601

(201) 556-1570Directions

Morristown
Office

55 Madison Avenue Suite 400

Morristown, NJ 07960

(908) 336-5008Directions

Newark
Office

1 Gateway Center Suite 2600

Newark, NJ 07102

(201) 654-3464Directions

New Brunswick

353 Livingston Ave, Suite A

New Brunswick, NJ 08901

(201) 614-2474Directions