Weapon Charges in New Jersey
Gun, firearm, and weapon charges in New Jersey are serious offenses. A conviction may result in a mandatory minimum jail sentence. The Graves Act (N.J.S.A. 2C:43-6) requires mandatory jail sentences with parole ineligibility for some convicted of a firearms charge, even if that person has no criminal record.
If you are found to be in unlawful possession of a firearm, including handguns, machine guns, assault weapons, rifles, and shotguns, without a permit, is a third degree crime punishable from 3 to 5 years of prison. If you in found to be in possession of any other weapon that requires a permit, it is a fourth degree crime and carries a jail sentence of up to 18 months.
If you found to be in possession for unlawful purpose, meaning an intention to commit a crime, this carries harsher penalties. It is a second degree crime for a gun or explosive leading to 5 to 10 years in jail. Any other weapon is a third degree crime with a 3 to 5 year sentence. Even a toy or replica gun is a fourth degree crime and carries an 18 month sentence.
There are also certain weapons which no one is allowed to possess, including explosive devices, sawed-off shotguns, silencers, defaced firearms, and other weapons including daggers and metal knuckles. These carry anywhere from 18months to 5 years prison and range from fourth degree to third degree.
Lastly, felons are not allowed to possess firearms, and a felon in possession will carry even harsher penalties in addition to those mentioned above.
If you are charged with a weapon or firearm offense in New Jersey, you must contact an experienced criminal defense attorney today. We will fight to attempt to suppress the evidence by pointing out unlawful searches and seizures, including warrantless searches and terry stops, as well as unlawful traffic stops. At Hark & Hark, we help clients with Graves Act offenses, gun charges, weapon charges, firearms charges, explosives charges, burglary, robbery, trespassing, simple assault, aggravated assault, certain persons offenses, defaced firearm charges, hollow point bullet offenses, and CDS charges including marijuana, crack cocaine, meth, heroin, and prescription drug charges.
We are reducing fees and offering manageable payment plans. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Mercer, Ocean, and Salem counties. We represent clients in all towns in New Jersey, including Newark, Jersey City, Paterson, Elizabeth, Edison, Woodbridge, Lakewood, Toms River, Hamilton, Trenton, Clifton, Camden, Brick, Cherry Hill, Passaic, Middletown, Union City, Old Bridge, Gloucester Township, East Orange, Bayonne, Franklin Township, North Bergen, Vineland, and Union.