Handgun Charge Lawyer Fort Lee, NJ

Facing Handgun Charges in Fort Lee, NJ? Brett M. Rosen, Esq. is Your Dedicated Defender.

Have you been arrested or charged with a gun crime in Fort Lee, New Jersey? The gravity of the situation cannot be overstated. Gun charges in New Jersey are among the most serious criminal offenses, carrying severe penalties, including lengthy prison sentences, hefty fines, and a lasting criminal record. Your future, freedom, and reputation are at stake.

Brett M. Rosen, Esq., isa leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against handgun charges in Fort Lee and throughout Bergen County. Rosen is also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of lawyers in New Jersey. We understand the intricacies of New Jersey’s gun laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our unwavering commitment to our clients, combined with our aggressive advocacy, sets us apart as the go-to choice for those facing firearm charges in Fort Lee, NJ.

Understanding Handgun Charges in Fort Lee, NJ: N.J.S.A. 2C:39-5

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 handgun charges under N.J.S.A. 2C:39-5 and their potential penalties is crucial for building an effective defense.

Common Handgun Charges in Fort Lee:

Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5b): This charge applies when you possess a handgun 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 handgun 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.
Other Handgun-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

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 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 Handgun Charges in Fort Lee Are a Serious Matter

The consequences of a handgun conviction in Fort Lee can be devastating, including:

Severe Penalties: The Graves Act mandates minimum prison sentences for certain gun crimes, making the penalties for handgun 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.

How Brett M. Rosen, Esq., Can Defend You Against Handgun Charges in Fort Lee, NJ

Facing a handgun 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 handgun charges in Fort Lee:

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.
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.
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.
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 handgun or were unaware of its presence.
Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search and seizure, the evidence obtained may be inadmissible in court.
Valid Permit/License: If you possessed a valid permit or license to carry or transport the handgun, this can be a complete defense to certain charges.
Lack of Intent: For charges like possession of a weapon for an unlawful purpose, we may argue that you did not have the intent to use the handgun for a criminal act.
Self-Defense: If you possessed the handgun for self-defense purposes 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 a gun offense, you may have a defense of entrapment.
Duress: If you were forced to possess the handgun under duress or coercion, this may be a defense.
Necessity: In rare cases, if you possessed the handgun out of necessity to prevent a greater harm, this may be a valid defense.
Constitutional Violations: We may argue that your constitutional rights were violated during your arrest, detention, or interrogation, potentially leading to the suppression of evidence or dismissal of the charges.

Frequently Asked Questions About Handgun Charges in Fort Lee, NJ

What should I do if I am arrested for a handgun offense in Fort Lee, NJ?

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 handgun 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.

Can I get a handgun charge dismissed? The possibility of dismissal depends on the specifics of your case, the evidence against you, and the strength of your defense. An experienced attorney can assess your case and advise you on the likelihood of dismissal.

Can I get a handgun charge expunged from my record in New Jersey? In some cases, certain gun charges may be eligible for expungement after a waiting period, depending on the specific offense and your criminal history. An attorney can help you determine your eligibility.

What is the Graves Act? The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun.

Can I still own a gun if I have a prior criminal conviction? Certain prior convictions, such as felonies or certain misdemeanor offenses, can disqualify you from owning or possessing a firearm in New Jersey.

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.

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. It’s important to consult with an attorney immediately if you find yourself in this situation.

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 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.

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 record and advise you on your eligibility.

What is the typical process for defending against a handgun charge in Fort Lee, 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 Fort Lee, 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.

Don’t Face Handgun Charges in Fort Lee, New Jersey Alone – Contact Brett M. Rosen, Esq. Today

A handgun charge in Fort Lee, New Jersey is a serious matter with potentially life-altering consequences. Don’t face this alone. Contact Brett M. Rosen, Esq., for a free and confidential consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and freedom.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.

Let me start by saying Brett Rosen saved my life. I don't speak hyperbolically here. Due to different laws across states I violated some very serious laws concerning possession of a firearm. I was in jail. I had never been involved with the system, scared, lost and hopeless my family found Brett. I was facing 40 years. I was ready to give up and felt my adult life was over just as it was beginning. I had 0 faith in the system or those working on either side of it. While I was being processed by the local authorities before I even made it to county the authorities although very respectful were distraught by my immediate request for an attorney and within a few hours their faces had dropped. They mentioned nothing to me (the authorities) but while discussing issues with eachother the junior cops face dropped and the only audible thing I could hear was "Already?!" And I knew it was my lawyer. I spoke with Brett the next day. He was not only obviously ruthlessly competent in his knowledge of the law but also compassionate. I knew he cared not just about my case but about me. My family was horrified and justifiably angry with me and my situation. My marriage had just fallen apart recently as well and locked in a cell the only things that kept any semblance of hope in my mind were the conversations I was having with Brett. Every deadline he told me to expect he accomplished early. Namely my release from lock up. He told me the plan, communicated effectively with me what I needed to do on my end and fed the growing seed of hope he had planted in my soul. I'm a businessman and strive to never surround myself with "yes men" Brett was never that. He was a this is what you can expect man and this is what I'm going to get done and over the course of the next year he accomplished every single one. He resolved my case with a plea deal that keeps my record clean and was an absolute best case scenario across the board. It was even said during my hearings that the work he prepared were the most impressive packages the courts had ever seen. Brett tells me something. It's as good as gold. Now the case is fading into a distance nightmare and my life will continue to grow towards better and greater things and while my faith in the system is still low. My faith in Brett Rosen and humanity as a result is as strong as it could ever be. Brett, thank you from the bottom of my heart, any firm you find yourself at is blessed to have you and im glad i stuck with my instinct to trust in you every step of the way. Anyone reading this and wondering if he's a good choice, take it from me and the life of freedom I now have, he's the best, and in my humble opinion, the only choice. The burning fire that illuminates the seemingly endless darkness one faces when staring down severe legal consequences. Brett Rosen saved my life.

Eric S