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Criminal Law: Weapons Offenses

New Jersey Firearms Lawyer for Defending Against Weapons Charges

In New Jersey, weapons offenses carry severe penalties. In order to defend yourself effectively, you need an experienced New Jersey firearms lawyer on your side. At Helmer, Conley & Kasselman, P.A., we have three lawyers who are Certified by the Supreme Court of New Jersey as criminal trial attorneys, and collectively our attorneys have centuries of combined experience representing clients in New Jersey’s courts. If you have been charged with a weapons offense, we can defend you, but it is important that you contact us right away.

Our Attorneys Represent Individuals Charged with Weapons Offenses in All New Jersey Criminal Courts

Several provisions of the New Jersey Code of Criminal Justice outline weapons-related offenses. In general terms, New Jersey law defines weapons offenses as follows:

  • Having a weapon of any kind without a lawful purpose;
  • Having firearms or guns without proper permits for possession and/or for carrying them; and/or
  • Using or threatening to use any weapon against another person or thing.

Some examples of specific weapons offenses in New Jersey include:

  • N.J.S.A. Section 2C:39-3.a. – “Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.”
  • N.J.S.A. Section 2C:39-3.d. – “Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.”
  • N.J.S.A. Section 2C:39-4.a. – “Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.”
  • N.J.S.A. Section 2C:39-4.c. – “Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.”
  • N.J.S.A. Section 2C:39-4.d. – “Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.”

For purposes of criminal prosecution in New Jersey, weapons include knives, bats, tire irons, stars, or any other object that is being used as a weapon. The most serious crimes involve the possession or unlawful use of a firearm, such as machine guns, rifles, shotguns, automatic guns, pistols, BB guns and pellet guns. A conviction for having just one of these firearms, without a permit, carries a prison sentence of at least five years. Some weapons convictions result in an even longer prison sentence. Often they come with the requirement that the person serve one third, one half or 85 percent of the prison term before they become eligible for parole.

Anyone previously convicted of a felony could be sentenced to at least five years without parole for a weapons charge.

Potential Defenses to Weapons Offense Charges in New Jersey

While the penalties for weapons offenses in New Jersey are severe, there are also many potential defenses to weapons charges that can be asserted under a broad range of circumstances. When you choose Helmer, Conley & Kasselman, P.A., your New Jersey firearms lawyer will work with you one-on-one to determine what defenses you can use to mitigate the consequences of your arrest, if not avoid a conviction entirely.

Depending on the circumstances involved in any particular case, potential defenses to weapons offense charges in New Jersey include:

  • Lack of knowledge (i.e. you did not know you had a weapon in your possession);
  • Lack of unlawful purpose (i.e. while you had a weapon in your possession, you did not have it on you with the intent to commit a crime);
  • You had a concealed carry permit or other necessary legal authorization to possess the weapon at issue;
  • You were using the weapon at issue in self-defense or in defense of someone else; and,
  • The police searched you or seized your weapon (or other evidence) in violation of your constitutional rights under the Fourth Amendment.

Learn more about potential defenses to criminal charges in New Jersey.

Avoid the Harsh Penalties of a Weapons Crime Conviction with a Top New Jersey Firearms Lawyer

Due to the serious consequences of weapons offense charges, it is very important to immediately seek the services of a New Jersey firearms lawyer who has specific experience in these types of cases. Our attorneys have successfully represented hundreds of individuals charged with weapons offenses, and we can use this experience to pursue a favorable outcome in your case.

If you are facing a weapons charge in New Jersey, you need to rely on the advice and representation of experienced defense counsel. Call us at 877-435-6371 or contact us online now for a free and confidential consultation.

 

 

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