Gun Charge Attorney Elizabeth, New Jersey

Gun Charge Attorney Elizabeth, New Jersey

Expert Legal Defense for Gun Crimes in Elizabeth, New Jersey

Have you been arrested or charged with a gun crime in Elizabeth, New Jersey? The situation is undoubtedly serious, with potential consequences that can drastically alter the course of your life. The mere accusation of a gun offense can result in severe penalties, including lengthy prison sentences, hefty fines, and a permanent criminal record. Your future, freedom, and reputation are on the line.

Brett M. Rosen, Esq., is a leading criminal defense attorney in New Jersey with a proven track record of success in defending clients against gun charges in Elizabeth, New Jersey. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This certification is held by approximately less than 1% of attorneys here in New Jersey. For five consecutive years he’s been selected to Thomson Reuters Super Lawyers Rising Stars list. Only 2.5% of attorneys in New Jersey are selected to this list every year. We understand the complexities of New Jersey’s strict gun laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our dedicated team of attorneys will fight tirelessly to protect your rights, your freedom, and your future.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth Gun Charge Defense?

• Extensive Experience: Our attorneys possess decades of combined experience defending clients against a wide array of gun charges, from simple possession to more complex offenses like possession with intent to distribute and illegal sale of a firearm. We understand the unique challenges you face and the specific strategies necessary to build a robust defense tailored to your case.

• Proven Track Record: We have a history of achieving favorable outcomes for our clients, including dismissals, reduced charges, acquittals, and minimized sentences. Our commitment to obtaining results is unwavering, and we will leverage our knowledge and expertise to fight for the best possible outcome in your case.

• Local Expertise: We are deeply familiar with the Union County court system, the local judges, and the prosecutors’ tactics. This knowledge allows us to navigate the legal process efficiently and effectively advocate for your interests.

• Client-Centered Approach: We understand that facing a gun charge is an overwhelming experience. We prioritize open communication, personalized attention, and ensuring our clients feel informed and empowered throughout their case. We are available 24/7 to answer your questions and address your concerns.

• Aggressive Advocacy: We are relentless in our pursuit of justice and will leave no stone unturned in building a strong defense on your behalf. We will meticulously examine the evidence, challenge the prosecution’s case, and pursue every available legal avenue to protect your rights and freedom.

Understanding Gun Charges in Elizabeth, NJ: N.J.S.A. 2C:35-5

New Jersey has some of the strictest gun control laws in the nation. The state heavily regulates the possession, sale, and use of firearms, including handguns. Understanding the different types of gun charges under N.J.S.A. 2C:39-5 and their potential penalties is crucial for building an effective defense.

Common Gun Charges in Elizabeth:

• Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5b): This charge applies when you possess a firearm without a valid permit or license, including possession in your home, car, or on your person. It is generally a second-degree crime, punishable by 5 to 10 years in prison.
• Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a): This charge applies when you possess a weapon with the intent to use it to commit a crime. It is typically a second-degree crime, but the degree can be elevated depending on the intended crime.
• Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7): This charge applies when you are prohibited from possessing a firearm due to a prior criminal conviction, domestic violence restraining order, or other disqualifying factors. The degree of the crime depends on the specific prohibition.
• Defaced Firearms (N.J.S.A. 2C:39-3d): This charge involves possessing a firearm with an altered or obliterated serial number. It is typically a fourth-degree crime, punishable by up to 18 months in prison.
• Manufacturing, Transporting, Shipping, or Selling “Ghost Guns” (N.J.S.A. 2C:39-1.1): In 2022, New Jersey amended its laws to make it a first-degree crime to knowingly possess, manufacture, transport, ship, or sell “ghost guns,” which are untraceable firearms without serial numbers.
• Possession of a Large Capacity Ammunition Magazine (LCA) (N.J.S.A. 2C:39-3j): New Jersey restricts the capacity of ammunition magazines to 10 rounds. Possession of an LCA (over 10 rounds) can result in charges.
• Possession of a Destructive Device (N.J.S.A. 2C:39-3): This charge applies to possession of devices like bombs, grenades, or other explosive materials.
• Other Weapon-Related Offenses: This includes charges like brandishing a firearm, aggravated assault with a firearm, or possessing a firearm while under the influence of drugs or alcohol. The penalties for these offenses vary depending on the specific charge.

The Graves Act: Mandatory Minimums for Certain Gun Crimes in New Jersey

New Jersey’s Graves Act is a law that imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means that even if you have no prior criminal record, you could face a minimum of three and half years in prison if convicted under the Graves Act. This makes it even more critical to have an experienced attorney on your side to fight for your rights and explore potential defenses.

Why Gun Charges in Elizabeth, NJ Are a Serious Matter

The consequences of a gun conviction in Elizabeth can be life-altering. A conviction can lead to:

• Severe Penalties: The Graves Act mandates minimum prison sentences for certain gun crimes, making the penalties for gun offenses in New Jersey some of the harshest in the country.
• Loss of Firearm Rights: A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms.
• Criminal Record: A conviction will result in a criminal record, which can impact your employment, housing, education, and other opportunities.
• Other Consequences: Additional penalties may include fines, probation, community service, and immigration consequences if you are not a U.S. citizen.

Domestic Violence and Firearm Prohibitions in Elizabeth, NJ: A Critical Intersection

In Elizabeth, New Jersey, domestic violence is a serious issue that can escalate quickly, especially when firearms are involved. The State has a zero-tolerance policy for domestic abuse, and law enforcement takes swift action to protect victims. When a domestic violence restraining order (TRO or FRO) is issued, it often includes a provision for the surrender of firearms. This is because the presence of a gun in a domestic violence situation significantly increases the risk of serious injury or death. If you are a victim of domestic violence in Elizabeth, understanding your rights and options for protection, including the removal of firearms, is crucial.

New Jersey’s Red Flag Law: A Proactive Approach to Gun Violence Prevention in Elizabeth

Elizabeth, NJ, has embraced the state’s Red Flag Law as a tool to prevent gun violence and protect residents. This law, officially known as the Extreme Risk Protective Order Act, allows for the temporary removal of firearms from individuals deemed a danger to themselves or others. It empowers law enforcement and concerned family or household members to petition the court for a temporary or final extreme risk protective order (ERPO). If granted, the ERPO prohibits the individual from purchasing or possessing firearms, enhancing community safety. While the law aims to prevent potential tragedies, it’s important to understand its implications for gun owners and the due process involved.

How Brett M. Rosen, Esq., Can Defend You Against Gun Charges

Facing a gun charge is an overwhelming experience. But with the right legal team, you can fight back and protect your rights. Brett M. Rosen, Esq. offers a comprehensive and strategic approach to defending against gun charges in Elizabeth:

1. Thorough Investigation: We will meticulously examine every aspect of your case, including the circumstances of the arrest, the police conduct, the validity of any search warrants, and the chain of custody of the firearm. We will leave no stone unturned in our search for evidence to support your defense.

2. Challenging the Evidence: Our team will scrutinize the evidence against you and identify any weaknesses or inconsistencies. We may challenge the validity of search warrants, the reliability of witnesses, or the admissibility of evidence.

3. Expert Witness Testimony: If necessary, we will consult with experts in firearms, ballistics, forensic science, and other relevant fields to provide expert testimony to support your defense.

4. Exploring All Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.

Potential Defenses Against Handgun Charges

Some common defenses we may explore include:

• Lack of Possession: Proving you did not possess the weapon or were unaware of its presence.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights, the evidence may be inadmissible.
• Valid Permit/License: If you had a valid permit or license to carry or transport the firearm, this can be a complete defense to certain charges.
• Lack of Intent: Arguing that you did not have the intent to use the weapon for an unlawful purpose.
• Self-Defense: If you possessed the weapon for self-defense and your use of it was reasonable and justified, this may be a valid defense.
• Entrapment: If law enforcement induced or coerced you into committing the offense, you may have a defense of entrapment.
• Duress: If you were forced to possess the weapon under duress or coercion, this may be a defense.
• Necessity: In rare cases, if you possessed the weapon out of necessity to prevent a greater harm, this may be a valid defense.

Gun Charge Lawyer in Elizabeth, NJ

Frequently Asked Questions About Gun Charges in Elizabeth, NJ

• What should I do if I am arrested for a gun offense in Elizabeth, New Jersey? Invoke your right to remain silent and immediately ask for an attorney. Do not answer any questions or make any statements to the police without legal counsel present.
• What are the penalties for unlawful possession of a firearm in New Jersey? The penalties are severe and can include 5 to 10 years in state prison, a fine of up to $150,000, and a permanent loss of your right to own or possess firearms.
• What if the gun was not loaded or not in working condition? In most cases, New Jersey law does not distinguish between loaded and unloaded firearms or functional and non-functional firearms for the purposes of unlawful possession charges. Even possessing a non-working firearm can lead to serious charges under the Graves Act.
• Can I be charged with a gun crime if I found a gun and was planning to turn it in to the police? While this may be a mitigating factor that a judge could consider during sentencing, it is not a defense to unlawful possession. In fact, transporting a firearm without a permit can be a separate offense. It’s essential to consult with an attorney immediately if you find yourself in this situation to understand the best course of action.
• What if the handgun was registered to someone else? If you are in possession of a handgun without a valid permit, even if it is registered to someone else, you can still be charged with unlawful possession. The law focuses on your lack of a permit, not the ownership of the weapon.
• What are the potential defenses for a charge of possession of a large-capacity ammunition magazine (LCA)? Defenses to LCA charges can include arguing that the magazine was not in your possession, that you did not know it was an LCA, or that it was possessed for a lawful purpose, such as target shooting or competitive shooting. However, these defenses can be challenging to prove, and an experienced attorney will be essential in building a strong case.
• Can I be charged with a gun crime if I was simply transporting a gun for someone else? Yes, you can be charged with unlawful possession or transporting a firearm without a permit if you are caught transporting a gun for someone else without the proper authorization. There are very specific rules regarding the transportation of firearms in New Jersey, and even a minor infraction can lead to charges.
• What is the difference between a handgun permit and a firearms purchaser identification card (FPIC)? An FPIC is required to purchase a handgun in New Jersey, but it does not authorize you to carry or transport it. A permit to carry is a separate document that allows you to carry a handgun in public, and obtaining one is a much more stringent process.
• What are the requirements for obtaining a permit to carry a handgun in New Jersey? The requirements are stringent and include being at least 21 years old, having a clean criminal record, completing a firearms training course, and demonstrating a justifiable need to carry a handgun. The process can be lengthy and complex, and it’s advisable to seek legal counsel to ensure you meet all the requirements.
• Can I still obtain a gun permit if I have a prior criminal record? Certain prior convictions, such as felonies or certain misdemeanor offenses, can disqualify you from obtaining a gun permit in New Jersey. However, there may be some exceptions depending on the nature and age of the conviction. An attorney can review your criminal history and advise you on your eligibility.
• What is the typical process for defending against a handgun charge in Elizabeth, NJ? The process involves a thorough investigation of the facts and circumstances of your case, challenging the evidence against you, exploring all potential defenses, and negotiating with the prosecutor or presenting your case in court. An experienced attorney will guide you through every step and advocate for your best interests.
• What are the chances of getting a Graves Act Waiver in Elizabeth, New Jersey? The chances of obtaining a Graves Act Waiver depend on various factors, including your criminal history, the specific charges against you, and the strength of the evidence. An experienced attorney can evaluate your case and advise you on the likelihood of obtaining a waiver.
• What is the difference between a handgun and other firearms under New Jersey law? Under New Jersey law, handguns are specifically defined as firearms with a short barrel designed to be held and fired with one hand. Other firearms, such as rifles and shotguns, may be subject to different regulations and penalties.
• Can I be charged with a gun crime even if the gun wasn’t in my name? Yes, you can be charged with a gun crime even if the gun was not registered in your name. The law focuses on your possession or use of the firearm, not its ownership.
• What are the possible consequences of a handgun charge on my immigration status? If you are not a U.S. citizen, a conviction for a gun crime can have serious immigration consequences, including deportation or denial of naturalization, even if you are a legal permanent resident.
• How can a lawyer help me with my handgun charge? An experienced gun charge lawyer can help you understand the charges against you, investigate the circumstances of your arrest, challenge the evidence against you, explore potential defenses, negotiate with the prosecutor, and represent you in court. They will work tirelessly to protect your rights and minimize the potential consequences of your charge.

Don’t Face Handgun Charges Alone – Contact Brett M. Rosen, Esq. Today

A handgun charge in Elizabeth, New Jersey is a serious matter with potentially life-altering consequences. At Brett M. Rosen, Esq., we have the knowledge, experience, and dedication to fight for your rights. We’ll work tirelessly to protect your freedom and future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free consultation.