Conviction Of Weapons Offense with Prior Nera Conviction Is Not Subject to Mandatory Parole Disqualified Under Graves Act
Appellate Docket No.: A-17-24
Decided August 5, 2025
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
In a recent opinion, the Supreme Court of New Jersey ruled that a conviction under N.J.S.A. 2C:39-5(j), a subsection of the unlawful weapons possession statute, is not subject to a mandatory parole disqualifier pursuant to the Graves Act, N.J.S.A. 2C:43-6(c).
In State v. Cromedy, in August 2021, police arrested defendant on an outstanding warrant for a robbery charge. During his arrest, police located a handgun believed to belong to defendant, and he was charged accordingly. Among various offenses, the State charged defendant with a violation of N.J.S.A. 2C:39-5(j), based on a 2017 conviction for reckless manslaughter, a crime subject to NERA, N.J.S.A. 2C:43-7.2(d)(2). Thereafter, a grand jury returned two separate indictments. The first charged defendant with two offenses: (1) second-degree eluding, contrary to N.J.S.A. 2C:29-2(b), and (2) first-degree unlawful possession of a weapon, in violation of both N.J.S.A. 2C:39-5(b)(1) and N.J.S.A. 2C:39-5(j). The second indictment charged defendant with certain persons not to possess a firearm, contrary to N.J.S.A. 2C:39-7(b).
Pursuant to a plea agreement, the State agreed to recommend a ten-year sentence with a mandatory five-year period of parole ineligibility under the Graves Act, in exchange for defendant’s guilty plea to first-degree unlawful possession of a weapon pursuant to N.J.S.A. 2C:39-5(b)(1) and N.J.S.A. 2C:39-5(j). In return, the State agreed to dismiss the eluding and certain persons charges. Defense counsel reserved the right to argue at sentencing that the Graves Act does not apply to N.J.S.A. 2C:39-5(j).
The case made it on appeal to the Supreme Court of New Jersey, where it agreed with defense counsel that a conviction under N.J.S.A. 2C:39-5(j) is not subject to the mandatory parole disqualifier and is a separate first degree conviction instead.
This case is important to understand that sentencing is greatly affected by parole disqualifiers, such as those contained in the Graves Act, New Jersey’s firearm criminal statute providing for mandatory periods of parole ineligibility for certain convictions. Having a firearm with a prior No Early Release Act (NERA) conviction could result in a first degree charge under the Graves Act, but the Court clarified that this is a separate first degree charge not subject the mandatory periods of parole ineligibility under the statute.
If you have been charged with any weapons or firearms offense, a Graves Act charge, a NERA charge, criminal charge or disorderly persons offense, contact an experienced criminal defense attorney today. We defend first degree crime, second degree crime, third degree crime, fourth degree crime, disorderly persons offense, municipal ordinance violation, or traffic ticket / DUI/DWI, At Hark & Hark, we represent clients in Superior Court and municipal court for criminal matters like the present case. We vigorously defend our clients by fighting to ensure prosecutors, police, and even judges follow the law.
We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing criminal charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Ocean County, and Salem County and any town including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington ,Haddon Heights ,Pine Hill ,Bellmawr ,Haddon Township , Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.
