Facing Handgun Charges in Union County, NJ? Your Defense Begins with Brett M. Rosen, Esq.

Handgun Charge Lawyer Union County, NJ

Handgun Charge Lawyer Union County, NJ

Handgun Charge Attorney Union County, New Jersey

Have you been arrested or charged with a handgun offense in Union County, 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., is a leading criminal defense lawyer in New Jersey with a proven track record of successfully defending clients against handgun charges in Union County, NJ. We understand the intricacies of New Jersey’s complex gun laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our firm is dedicated to providing you with the highest quality legal representation, protecting your rights, and fighting for the best possible outcome in your case.

Why Choose Brett M. Rosen, Esq. for Your Union County Handgun Charge Defense?

  • Extensive Experience: Our attorneys have decades of combined experience defending clients against a wide array of handgun charges, from unlawful possession to weapons trafficking. We have an in-depth understanding of the specific legal challenges you face and the strategies necessary to build a strong defense.
  • Proven Results: We have a track record of success in securing favorable outcomes for our clients, including dismissals, reduced charges, acquittals, and minimized sentences. Our commitment to achieving results is unwavering.
  • Local Knowledge: 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-Focused Approach: We understand that facing a handgun charge is stressful and overwhelming. 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 fight for your rights every step of the way.

Understanding Handgun Charges in New Jersey

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 and their potential penalties is crucial for building an effective defense.

Possessing a Handgun Without a Permit in New Jersey: What You Need to Know

New Jersey has strict gun laws. One of the most serious offenses is possessing a handgun without a permit. N.J.S.A. 2C:39-5(b) makes this illegal.

What Does It Mean?

Simply put, this law means you can’t have a handgun in New Jersey unless you have a permit to carry it. This includes any type of handgun, even antique ones.

Key Points:

  • Possession: You physically have the handgun or have control over it, even if it’s not directly on you.
  • Knowledge: You know you have the handgun and that it’s a firearm.
  • No Permit: You don’t have a legal permit to carry a handgun in New Jersey.

New Jersey’s Graves Act: Tough on Gun Crimes

What is the Graves Act?
Handgun Charge Lawyer Union County, NJ

Handgun Charge Attorney in Union County, NJ

The Graves Act is a New Jersey law that makes gun crimes a big deal. If you’re convicted of certain gun offenses, it means you’ll automatically go to jail for a minimum amount of time, even if it’s your first offense.

Which Crimes Are Covered?

  • Having a handgun without the right permit.
  • Having any gun with the intention of using it for something bad.
  • Having a gun if you’re not allowed to (like if you have a criminal record).
  • Changing or removing the serial number from a gun.
  • Using a gun while committing another crime (like a robbery).

What Are the Penalties?

The Graves Act requires mandatory jail time, meaning there’s no way around it if you’re convicted. The exact amount of time depends on the crime, but it can be years. For example, having a handgun without a permit means at least 3 1/2 years in prison, and that’s just the minimum.

Are There Any Exceptions?

Yes, but they’re rare. If you can prove you needed the gun for self-defense or you’ve never committed a crime before, there’s a tiny chance the judge might be easier on you. But don’t count on it.

What is a Graves Act Waiver?

It’s a legal loophole, a safety valve that allows a judge to waive the mandatory minimum prison sentence that usually comes with a Graves Act conviction. This doesn’t mean you’ll automatically get off scot-free, but it opens the door to alternatives like probation or a reduced sentence.

Who’s Eligible?

Not everyone gets a waiver. To be considered, you typically need:

  • First-Time Offender: This is crucial. If you have a prior gun conviction, the waiver is off the table.
  • “Interests of Justice”: Your lawyer needs to convince the judge that sending you to prison would be unjust. This could be because of the unique circumstances of your case, your clean record, or other mitigating factors.

The Prosecutor Holds the Key

Here’s the catch: the prosecutor has to ask for the waiver on your behalf. They’re not obligated to do this, so having a skilled attorney who can negotiate with them is vital.

What Happens if the Waiver is Granted?

If the judge agrees to waive the Graves Act, they have some flexibility in sentencing. They could sentence you to probation, a shorter jail term than the mandatory minimum, or even Pre-Trial Intervention (PTI), which could eventually wipe the charge from your record.

Don’t Go It Alone

Navigating the Graves Act and the waiver process is complex. You need an experienced criminal defense attorney, like Brett M. Rosen, who understands the intricacies of the law and can build a strong case for why you deserve a second chance.

Penalties are Severe for Handgun Charge

Possessing a handgun without a permit is a second-degree crime in New Jersey. This is a felony charge, and the penalties can include:

  • Prison Time: 5 to 10 years in state prison.
  • Parole Ineligibility: 42 months must be served in prison before becoming eligible for parole.
  • Fines: Up to $150,000.
  • Loss of Gun Rights: You will lose your right to own or possess firearms.
  • Other Consequences: A criminal record can affect your job prospects, housing, and more.

Common Handgun Charges in Union County:

  • Unlawful Possession of a Weapon: This charge applies when you possess a handgun without a valid permit or license.
  • Possession of a Weapon for an Unlawful Purpose: This charge applies when you possess a handgun with the intent to use it to commit a crime.
  • Certain Persons Not to Have Weapons: 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.
  • Defaced Firearms: This charge involves possessing a firearm with an altered or obliterated serial number.
  • Carrying a Handgun Without a Permit: New Jersey requires a permit to carry a handgun, even if you have a license to own one.
  • Transporting a Handgun Without a Permit: Transporting a handgun in a vehicle without a permit is a separate offense.
  • Possession of a Large Capacity Ammunition Magazine (LCA): New Jersey restricts the capacity of ammunition magazines. Possession of an LCA can result in charges.
  • Other Handgun-Related Offenses: This includes charges like brandishing a firearm, using a firearm in the commission of a crime, or possessing a firearm while under the influence of drugs or alcohol.

Defenses Against Handgun Charges in Union County

Each handgun charge case is unique, and the most effective defense strategy will depend on the specific facts and circumstances of your situation. Some common defenses that Brett M. Rosen, Esq., may explore include:

  • Lack of Possession: We can challenge the prosecution’s evidence and argue that you did not actually possess the handgun or that you were unaware of its presence.
  • Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court.
  • Valid Permit/License: If you possessed a valid permit or license in New Jersey 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.

Frequently Asked Questions About Handgun Charges in Union County

  1. What should I do if I am arrested for a handgun offense in Union County? The most important thing is to remain silent and invoke your right to an attorney. Do not answer any questions from law enforcement without your lawyer present.
  2. 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.
  3. Can I get a handgun charge expunged from my record in New Jersey? 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 for expungement.
  4. 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.
  5. What are the consequences of a handgun conviction on my gun rights? A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms.
  6. 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.
  7. What should I look for in a handgun charge lawyer? Look for an attorney with extensive experience in handling gun cases, a thorough understanding of New Jersey gun laws, and a proven track record of success in Union County courts.
  8. How much does a handgun charge lawyer cost in Union County? Legal fees vary depending on the complexity of your case, the experience of the attorney, and the length of representation. Most criminal defense attorneys offer free consultations to discuss your case and provide a fee estimate.

Don’t Face Your Handgun Charge in Union County, NJ Alone

If you’re facing a handgun charge in Union County, New Jersey, don’t navigate the legal system alone. Contact Brett M. Rosen, Esq., for a free consultation. Here’s why:

  1. Credentials and Experience:

    • Brett M. Rosen is a licensed lawyer in both New York and New Jersey.
    • He practices primarily in criminal litigation.
    • He is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in NJ.
  2. Notable Achievements:

    • Selected to Thomson Reuters Super Lawyers Rising Stars list for four consecutive years (a recognition given to only 2.5% of NJ attorneys).
    • Known for winning seemingly impossible cases, as highlighted in Men’s Journal.
    • His exceptional cross-examination skills shine during trials.
  3. Contact Information:

    • Address: 100 Jefferson Ave Ste 301, Elizabeth, NJ, 07201
    • Phone: (908) 312-0368

Remember to consult with him directly for personalized advice regarding your specific situation.

Call us today at 908-312-0368 or email us at BRETT@NYNJCRIMINALCIVILESQ.COM.