Conviction Of Weapons Offense with Prior Nera Conviction Is Not Subject to Mandatory Parole Disqualified Under Graves Act

August 6, 2025

State v. Zaire J. Cromedy 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…

There May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible

February 28, 2022

State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…

Graves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm

January 26, 2021

State v. Rodriguez Appellate Docket No.: A-3586-19T4 Decided January 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a prosecutor’s denial of a Grave’s Act waiver and a trial court’s reversal of that decision, granting the waiver. In State v. Rodriguez, a search…

Is It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?

August 18, 2020

State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…

When Seeking a Graves Act Waiver, Can I See the Prosecutor’s Files from Other Waivers?

April 10, 2017

State v. Kassey Benjamin (A-43-15) (076612) (April 5, 2017) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Supreme Court recently decided a case in which the defendant brandished a firearm during a verbal altercation.  Although the gun was unloaded and the defendant did not point the gun at anyone, the defendant was still…

Have you been charged with a gun offense in New Jersey?

December 5, 2016

State v. Benjamin Appellate Division Decision decided September 2015 Have you been charged with a gun offense in New Jersey? Did your attorney apply for a Graves Act waiver and appealed the denial to the County Assignment Judge? What is the process? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey gun offenses are…

Graves Act Release Valve Not a Break Free from Prison Card

October 30, 2015

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In State v. Holloway, the defendant found a handgun but did not turn it over to authorities because he had pending charges in Somerset County. He then proceeded to accidentally shoot himself in the foot at the home of his girlfriend and the gun was found during…