An Aggressive Defense is Crucial When Your Freedom is at Stake

In New Jersey, being charged with Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a) is one of the most serious indictable crimes an individual can face. This charge is not about simply possessing a weapon; it is an allegation about your state of mind and your alleged intent to use that weapon to commit a crime against another person or their property. A conviction can lead to a lengthy prison sentence, substantial fines, and a permanent felony record.

If you or a loved one is facing this charge in Union County, you need a defense attorney who understands the gravity of the situation and has the skill to challenge the prosecution’s case. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, possesses the experience and dedication required to defend your rights and fight for your future. He regularly represents clients in the Union County Superior Court in Elizabeth and is prepared to build the strongest possible defense on your behalf.

The State’s Burden: Proving Unlawful Purpose

To convict you of this offense, the Union County Prosecutor’s Office must prove, beyond a reasonable doubt, four distinct elements:

1. That the item in question was, in fact, a “weapon.”

2. That you “possessed” the weapon, either physically on your person (actual possession) or having knowledge of it and the ability to control it (constructive possession).

3. That you possessed the weapon with a “purpose” to use it against another person or their property.

4. That your intended purpose was “unlawful.”

The most critical and often most contestable element is your alleged “purpose.” Mere possession of a weapon, even an illegally possessed one, is not enough for a conviction on this specific charge. The prosecutor must prove your state of mind, which is a significant burden.

Penalties: The Serious Consequences of a Conviction

The penalties for Possession of a Weapon for an Unlawful Purpose are severe and are dictated by the type of weapon involved.

• Firearms (Handguns, Rifles, Shotguns): When the weapon is a firearm, the charge is a second-degree indictable crime.

  • Prison Sentence: A term of 5 to 10 years in New Jersey State Prison.

  • The Graves Act: This charge is subject to the Graves Act, which mandates a period of parole ineligibility, typically set at 42 months (3.5 years). This means you must serve this minimum time before even being considered for parole.

  • Fines: A fine of up to $150,000.

• Other Weapons (Knives, Clubs, etc.): When the weapon is not a firearm, the charge is typically a third-degree indictable crime.

  • Prison Sentence: A term of 3 to 5 years in state prison.

  • Fines: A fine of up to $15,000.

• Imitation Firearms: Possessing a fake or imitation gun for an unlawful purpose is a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000.

Potential Defenses to a N.J.S.A. 2C:39-4a Charge

A charge is not a conviction. An experienced defense attorney can attack the weaknesses in the state’s case. Potential defenses depending on the facts of the case may include:

• Lack of Unlawful Purpose: This is the cornerstone of many defenses. We can argue that you possessed the item for a lawful reason, such as for work, sport, collection, or, most importantly, for self-protection. If the state cannot prove your criminal intent, you cannot be found guilty of this charge.

• Challenging Possession: The prosecution must prove you knowingly possessed the weapon. If the weapon was found in a shared space, like a car with multiple occupants or a common area of a home, we can argue you were unaware of its presence and had no intention of exercising control over it.

• Illegal Search and Seizure: If law enforcement found the weapon by violating your constitutional rights through an illegal stop of your vehicle or an unlawful search of your person or property, a motion to suppress the evidence can be filed. If the motion is successful, the evidence is deemed inadmissible, and the case against you will likely be dismissed.

• Affirmative Defenses: In certain situations, we can argue that your actions were justified, such as using a weapon in self-defense or in defense of others from an imminent threat.

Frequently Asked Questions (FAQs)

Q: Can I be charged with Possession of a Weapon for an Unlawful Purpose even if I legally own the weapon?

A: Yes. This charge is not about the legality of the weapon itself, but about your intent. A legally owned firearm, if possessed with the intent to commit a crime like assault or terroristic threats, can lead to a conviction under this statute.

Q: What’s the difference between this charge and Unlawful Possession of a Weapon?

A: They are two distinct charges that are often filed together. Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5) relates to simply possessing a weapon without the proper permits or license. Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a) relates to your alleged criminal intent at the time you possessed it. You can be charged with both simultaneously.

Q: How can the prosecutor prove what I was thinking or what my “purpose” was?

A: This is the central challenge for the prosecution. They will use circumstantial evidence to try and prove your intent. This can include your words, actions, the location where the weapon was found, and the context of the entire situation. A skilled defense attorney’s job is to dismantle these inferences and present a compelling case for a lawful purpose.

Q: What is the Graves Act?

A: The Graves Act is a New Jersey law that mandates a mandatory minimum prison sentence with a period of parole ineligibility for most firearms offenses, including this one. It significantly raises the stakes and makes experienced legal representation absolutely critical.

Contact Attorney Rosen Today

If you or a loved one is facing a possession of a weapon for an unlawful purpose, then contact Attorney Rosen now. He provides a free and confidential consultation. Contact him today at 908-312-0368.

Disclaimer: This page contains general information about legal matters and is for informational purposes only. It does not constitute legal advice. The information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome.