2C:39-4 Defense Attorney in Elizabeth, New Jersey

Have you been charged with possession of a weapon for an unlawful purpose in Elizabeth, New Jersey? The consequences of a conviction can be devastating. Don’t navigate this alone. If you’re facing a possession of a weapon for an unlawful purpose charge in Elizabeth, New Jersey, retaining Brett M. Rosen is a wise decision. Here’s why:

Understanding the Charge: N.J.S.A. 2C:39-4

New Jersey law (N.J.S.A. 2C:39-4) prohibits possession of any weapon with the intent to use it unlawfully against another person or their property. This is a serious offense, and the penalties vary based on the type of weapon:

• Firearms: Possession of a firearm for an unlawful purpose is a second-degree crime, carrying up to 10 years in prison and significant fines.
• Other Weapons: Possession of other weapons (e.g., knives, clubs, etc.) for an unlawful purpose is typically a third-degree crime, punishable by up to 5 years in prison.
• Imitation Firearms: Possession of an imitation firearm with the intent to use it unlawfully is a fourth-degree crime, carrying up to eighteen months in prison.

The Graves Act in Elizabeth, NJ: Understanding its Impact on Possession of Unlawful Weapon Charges

The Graves Act, enacted in 1981, is a cornerstone of New Jersey’s strict gun control laws. It imposes mandatory minimum prison sentences and parole ineligibility for certain firearms offenses, even for first-time offenders. Understanding how the Graves Act interacts with a charge of “possession of a weapon for an unlawful purpose” in Elizabeth, NJ, is critical if you’re facing such allegations.   

What is the Graves Act?

• The Graves Act, codified in N.J.S.A. 2C:43-6, aims to deter gun violence by imposing harsh penalties for certain firearms offenses. It mandates minimum prison terms and parole disqualifiers for individuals convicted of these offenses, even if they have no prior criminal record.   
   

   

Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4)

• This charge applies when someone possesses a weapon (including firearms) with the intent to use it unlawfully against another person or property.   
   

   
• The “unlawful purpose” can encompass a wide range of intentions, including:
  • Assault
  • Threatening someone
  • Committing a robbery or burglary
  • Vandalizing property

The Graves Act & Unlawful Possession Charges: The Intersection

• If you’re charged with possession of a weapon for an unlawful purpose, and the weapon involved is a firearm covered under the Graves Act, the mandatory minimum sentencing provisions of the Graves Act will apply if you’re convicted.
• This means that even if it’s your first offense, you will face a mandatory minimum prison sentence and a period of parole ineligibility.   
   

   

Potential Penalties Under the Graves Act:

• Second-Degree Crime: Possession of a firearm for an unlawful purpose is generally a second-degree crime.   
   
• Mandatory Minimum Sentence: If convicted, you’ll face a minimum prison term of 5 years with 3 1/2 years of parole ineligibility, even if the judge believes a lesser sentence is appropriate.
• Maximum Sentence: The maximum sentence for a second-degree crime is 10 years in prison and a fine of up to $150,000.

Fighting Unlawful Weapons Possession Charges in Elizabeth, NJ: Proven Defenses

If you’re facing a possession of a weapon for an unlawful purpose charge, the stakes are high. The right defense strategy can make all the difference in your case. Here are some key defenses we may employ on your behalf:

1. Lack of Intent (No Unlawful Purpose):

   • The prosecution must prove you intended to use the weapon unlawfully. We can challenge this by showing the weapon was for:
     
     • Self-defense: You believed you were in imminent danger and needed the weapon to protect yourself.
     • Defense of others: You were protecting someone else from harm.
     • Lawful activity: The weapon was used for hunting, sport shooting, or another permitted purpose.

2. Illegal Search and Seizure (Fourth Amendment Violations):

   • If the police obtained the weapon without a warrant, probable cause, or valid consent, we can move to suppress the evidence, potentially leading to a dismissal. This defense is crucial in protecting your constitutional rights.

3. Insufficient Evidence:

   • The burden of proof is on the prosecution. If the evidence is weak, circumstantial, or lacks credibility, we can argue that they haven’t proven your guilt beyond a reasonable doubt.

4. False Accusation or Mistaken Identity:

   • We’ll investigate whether you were wrongly accused or if there was a case of mistaken identity. Witness misidentification or inaccurate statements can be powerful defenses.

5. Temporary Innocent Possession:

   • In some cases, you may have briefly possessed the weapon for a lawful purpose, like returning it to the owner or disposing of it safely. We can argue that this temporary possession doesn’t constitute an unlawful purpose.

Additional Potential Defenses:

• Duress: You were forced to possess the weapon under threat of harm.
• Entrapment: Law enforcement induced you to commit a crime you wouldn’t have otherwise committed.
• Mental Incapacity: A mental health condition prevented you from forming the intent to use the weapon unlawfully.

Why You Need an Experienced Attorney

Each case is unique, and the best defense strategy depends on the specific facts and evidence involved. An experienced criminal defense attorney, like Brett M. Rosen, Esq., can evaluate your situation, identify the most effective defenses, and advocate for you in court.

FAQs About Possession of a Weapon for an Unlawful Purpose Charges in Elizabeth, NJ

Q: What is considered a “weapon” under New Jersey law?

A: A weapon can be any object used to inflict harm, including firearms, knives, clubs, bats, brass knuckles, and even everyday items if used with the intent to harm.

Q: What are the penalties for possession of a weapon for an unlawful purpose in New Jersey?

A: The penalties vary depending on the type of weapon and the degree of the crime:

• Firearms: Up to 10 years in prison and significant fines (second-degree crime)
• Other Weapons: Up to 5 years in prison (third-degree crime)
• Imitation Firearms: Up to 18 months in jail (fourth-degree crime)

Q: Can I go to jail for simply possessing a weapon?

A: Merely possessing a weapon without the intent to use it unlawfully is not a crime in itself. However, possession becomes a crime when there’s intent to use it for an unlawful purpose.

Q: What if I had the weapon for self-defense?

A: Self-defense can be a valid defense if you can prove you reasonably believed you were in imminent danger of harm and used the weapon to protect yourself or others.

Q: Can I be charged if the weapon wasn’t mine?

A: Yes, you can still be charged if you were in possession of the weapon and had the intent to use it unlawfully, even if you didn’t own it.

Q: What should I do if I’m facing a weapon charge?

A: Contact an experienced criminal defense attorney immediately. Do not speak to the police or make any statements without legal representation.

Q: How much does it cost to hire a lawyer for a weapons charge in Elizabeth?

A: Legal fees vary depending on the complexity of the case and the attorney’s experience. At the Law Offices of Brett M. Rosen, Esq., we offer free consultations to discuss your case and our fees.

Q: What are my chances of getting the charges dismissed or reduced?

A: The chances of getting charges dismissed or reduced depend on the specifics of your case and the strength of the evidence. An experienced attorney can assess your situation and explore all possible legal options.

Q: Will a weapons conviction affect my gun rights?

A: Yes, a conviction for possession of a weapon for an unlawful purpose will result in the loss of your right to own or possess firearms.

FAQs on Possession of a Weapon for an Unlawful Purpose in Elizabeth, NJ Continued

1. What constitutes an “unlawful purpose” under New Jersey law?

• An unlawful purpose is broadly defined as any intent to use the weapon in a manner that is prohibited by law. This could include intent to:

  • Commit a crime against a person (assault, robbery, etc.)
  • Commit a crime against property (vandalism, arson)
  • Threaten or intimidate someone
  • Engage in any other illegal activity

2. Can I be charged with possession of a weapon for an unlawful purpose even if I didn’t actually use the weapon?

• Yes, you can be charged even if you didn’t use the weapon. The mere possession of a weapon with the intent to use it unlawfully is enough to constitute this offense.

3. What if I found the weapon and was planning to turn it in to the police?

• If you can provide evidence that you found the weapon and were taking steps to turn it in to the police, this could potentially be a defense. However, it’s important to consult with an attorney and not make any statements to the police without legal counsel.

4. Can I be charged with this offense even if I have a permit to carry a firearm?

• Yes, even with a permit, you can be charged if you possess the firearm with an unlawful purpose, such as to commit a crime or threaten someone.

5. What are the potential immigration consequences of a conviction for possession of a weapon for an unlawful purpose?

• A conviction for this offense, especially if it involves a firearm, can have severe immigration consequences for non-U.S. citizens, including deportation.

6. What is the Graves Act, and how does it affect my case if I’m charged with possession of a firearm for an unlawful purpose?

• The Graves Act imposes mandatory minimum prison sentences and parole ineligibility for certain firearms offenses, including possession for an unlawful purpose. Even first-time offenders can face these harsh penalties.

7. Are there any diversionary programs available for first-time offenders charged with possession of a weapon for an unlawful purpose?

• In some limited circumstances, first-time offenders may be eligible for diversionary programs like Pretrial Intervention (PTI). However, eligibility is often restricted, especially in cases involving firearms.

8. What if I was carrying a weapon for self-defense but didn’t have a permit?

• While self-defense can be a potential defense, carrying a weapon without a permit is a separate offense. An attorney can help assess the circumstances and build a defense strategy that addresses both the possession and self-defense aspects.

9. How can I protect my rights if I’m stopped by the police and they find a weapon in my possession?

• It’s essential to remain calm and invoke your right to remain silent. Do not consent to any searches of your person or vehicle without a warrant. Politely request an attorney and avoid making any statements to the police without legal counsel present.

10. What should I expect at my first court appearance for a possession of a weapon for an unlawful purpose charge?

• At your first appearance, the judge will read the charges, inform you of your rights, and conditions for release. An attorney will be crucial in advocating for your release and guiding you through the next steps in the legal process.

   

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Case?

• Extensive Weapons Charge Experience: Attorney Rosen has a deep understanding of New Jersey’s complex weapons laws and a history of successfully defending clients facing similar charges.
• Thorough Case Analysis: We meticulously review the evidence, police procedures, and all circumstances surrounding your arrest to identify the strongest possible defense strategies.
• Aggressive Representation: We fight relentlessly to challenge the prosecution’s case, negotiate with the prosecutor, and protect your constitutional rights.
• Unwavering Support: We provide personalized attention and compassionate counsel throughout the legal process, ensuring you understand your options and feel supported every step of the way.

Don’t Leave Your Future to Chance

A conviction for possession of a weapon for an unlawful purpose can have lifelong consequences. Don’t face this challenge alone. Contact the Law Offices of Brett M. Rosen, Esq. today for a free and confidential consultation.

Call 908-312-0368 to schedule your consultation.

We serve Elizabeth and all of Union County.

Disclaimer: This website is for informational purposes only and does not constitute legal advice.