Handgun Charges in Elizabeth, NJ? Secure Your Freedom with Brett M. Rosen, Esq.
Handgun Charges Attorney Elizabeth, NJ
Expert Legal Defense for Gun Crimes in Elizabeth, New Jersey
If you’re facing handgun charges in Elizabeth, New Jersey, your future is on the line. The mere possession of a firearm without proper authorization can lead to serious consequences, including jail time, hefty fines, and a permanent criminal record. Don’t navigate this treacherous legal landscape alone.
Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey, with a proven track record of success in defending clients against handgun charges in Elizabeth, New Jersey. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. We understand the intricacies 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 Handgun Charge Defense?
Unparalleled Experience: Our attorneys possess decades of combined experience defending clients against a wide array of handgun 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 handgun charge is an overwhelming experience. We prioritize open communication, personalized attention, and ensuring our clients feel informed and empowered throughout the legal process. We are available 24/7 to answer your questions and address your concerns.
Aggressive Advocacy: We are passionate about protecting the rights of the accused and fighting for justice. We 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 Handgun Charges in Elizabeth, 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 Elizabeth:
- 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.
- 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.
Elements of NJSA 2C:39-5
In order for the Union County Prosecutor’s Office to secure a conviction for unlawful possession of a handgun, they need to prove the following elements beyond a reasonable doubt:
- S-___ is a handgun (CHARGE IF APPROPRIATE: That there was a
handgun); - That the defendant knowingly possessed the handgun; and
- That the defendant did not have a permit to possess such a weapon.
According to the NJ Model Jury Charge, if the prosecutor fails to prove just one element beyond a reasonable doubt, then the jury must return a verdict of not guilty.
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 of parole ineligibility 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 Elizabeth Are a Serious Matter
The consequences of a handgun 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 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
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 Elizabeth:
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. We may challenge the prosecution’s evidence, showing that you did not have actual or constructive possession of the firearm.
- 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. We will scrutinize the police actions to ensure they followed proper procedures and had a valid reason to search you or your property.
- 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. We will review your documentation and ensure it is in compliance with New Jersey law.
- 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. We will investigate your actions and circumstances to demonstrate that you did not intend to commit a crime with the firearm.
- 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. We will carefully analyze the circumstances of your case to determine if self-defense applies.
- Entrapment: If law enforcement induced or coerced you into committing a gun offense, you may have a defense of entrapment. This requires proving that you would not have committed the crime but for the actions of law enforcement.
- Duress: If you were forced to possess the handgun under duress or coercion, this may be a defense. This typically requires demonstrating that you faced an immediate threat of harm and had no reasonable alternative but to possess the firearm.
- Necessity: In rare cases, if you possessed the handgun out of necessity to prevent a greater harm, this may be a valid defense. This defense is limited and requires demonstrating that your actions were necessary to avoid a significant and immediate threat to yourself or others.
New Jersey’s Red Flag Law and Handgun Ownership
New Jersey’s Red Flag Law, or Extreme Risk Protective Order (ERPO) Act, allows temporary removal of firearms from individuals deemed a danger to themselves or others. If a family member, household member, or law enforcement officer files a petition against you, a court can order the temporary seizure of your firearms, even without a criminal charge or conviction. This means your Second Amendment rights could be temporarily restricted while the court determines whether you pose a risk. It’s critical to understand how this law works and have an experienced attorney advocate for your rights.
Domestic Violence and Handgun Ownership in Elizabeth, NJ
New Jersey takes a zero-tolerance stance on domestic violence, and firearm ownership is a significant concern in these cases. If you are accused of domestic violence, a court can issue a restraining order that prohibits you from possessing firearms, even if you have a valid permit. This is due to the increased risk of harm associated with the presence of guns in a domestic violence situation. If you’re a victim of domestic violence, understanding your rights to seek a restraining order and the potential removal of your abuser’s firearms is vital. If you’re accused, having an attorney who can navigate the complex interplay of domestic violence and gun laws is crucial for your defense.
Frequently Asked Questions About Handgun Charges in Elizabeth, NJ
- What should I do if I am arrested for a handgun offense in Elizabeth, 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 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.
- 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.
Don’t Face Handgun Charges in Elizabeth, New Jersey Alone – Contact Brett M. Rosen, Esq. Today
A handgun charge in Elizabeth, NJ 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.