Unlawful Possession of a Handgun in Fort Lee, NJ? Brett M. Rosen, Esq. is Your Defense.
Unlawful Possession of a Handgun Attorney Fort Lee, NJ
Facing the Weight of New Jersey’s Strictest Gun Laws?
If you or someone you know is facing charges under N.J.S.A. 2C:39-5b, the gravity of the situation cannot be overstated. Unlawful possession of a handgun is a severe offense in New Jersey, with penalties that can dramatically alter the course of your life.
You are not 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 Fort Lee and throughout Bergen County. We understand the intricate nature 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 the Fort Lee area.
Unraveling N.J.S.A. 2C:39-5b: Unlawful Possession of a Handgun
N.J.S.A. 2C:39-5b is a complex statute with various subsections that cover different scenarios of unlawful handgun possession. It is essential to have a nuanced understanding of this law to craft a strong defense strategy.
What Constitutes Unlawful Possession of a Handgun Under N.J.S.A. 2C:39-5b?
This section of the New Jersey Criminal Code outlines several specific offenses related to the unlawful possession of a handgun:
- 2C:39-5b(1): This subsection focuses on the core offense of knowingly possessing a handgun without a valid permit to carry. The possession can occur in any location, whether in your home, car, or on your person. It’s a second-degree crime carrying severe penalties.
- 2C:39-5b(2): This subsection deals with the possession of a handgun with a defaced firearm identification mark (serial number). Altering or removing a gun’s serial number is illegal and considered a fourth-degree crime.
- 2C:39-5b(3): This provision addresses possession of a firearm by individuals previously convicted of certain crimes. These crimes can include aggravated assault, robbery, burglary, and various drug offenses. It’s considered a second-degree crime, with harsher penalties than the basic unlawful possession charge.
Why the Stakes Are High: The Graves Act and Mandatory Minimums
One of the most significant aspects of N.J.S.A. 2C:39-5b is its connection to the Graves Act. This law imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun.
Under the Graves Act, if convicted of unlawful possession of a handgun, you could face:
- A minimum prison sentence of 3 & 1/2 years (for a first offense)
- A minimum prison sentence of 5 years (for a second or subsequent offense)
Importantly, these minimum sentences are not subject to early parole eligibility, meaning you would have to serve a significant portion of your sentence before being considered for release.
N.J.S.A. 2C:39-5b & Graves Act Penalties in Fort Lee, New Jersey: Handgun Possession Consequences
Detailed spreadsheet of penalties under N.J.S.A. 2C:39-5b for unlawful possession of a handgun in Fort Lee, NJ, including the impact of the Graves Act mandatory minimum sentences.
Offense | Degree of Crime | Prison Sentence | Fine | Additional Penalties & Notes |
Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5b) | 2nd Degree | 5 – 10 years | Up to $150K | 85% parole ineligibility (NERA) |
Unlawful Possession of a Handgun w/ Certain Aggravating Factors* | 1st Degree | 10 – 20 years | Up to $200K | 85% parole ineligibility (NERA) |
Graves Act (Mandatory Minimums for Certain Firearms Offenses) | ||||
First Offense | 3 1/2 years | N/A | No early release, even with good time credits | |
Second or Subsequent Offense | 5 years | N/A | No early release, even with good time credits |
Graves Act Waiver: A Potential Lifeline in Fort Lee, NJ Gun Cases
The Graves Act, with its mandatory minimum prison sentences for certain gun offenses in New Jersey, casts a formidable shadow over those facing handgun charges in Fort Lee. However, a glimmer of hope exists in the form of a Graves Act Waiver. This legal mechanism allows a judge to circumvent the Act’s mandatory minimums, potentially sparing you from a lengthy prison sentence.
Securing a waiver isn’t a given, though. It’s a complex process that hinges on several factors, including your clean criminal history (this is typically a first-time offender option), the specific circumstances of your case, and the prosecutor’s willingness to recommend the waiver to the judge. If granted, the waiver opens doors to alternative sentencing options like probation, reduced jail time, or even admittance into the Pretrial Intervention (PTI) program.
Pretrial Intervention (PTI): A Second Chance for First-Time Offenders
Pretrial Intervention (PTI) is a diversionary program in New Jersey designed to give first-time, non-violent offenders a second chance. If you’re eligible for PTI and successfully complete the program, the charges against you can be dismissed, leaving you without a criminal record.
While eligibility for PTI is not automatic in gun cases, it’s sometimes possible with a Graves Act Waiver. PTI typically involves fulfilling certain conditions, such as community service, counseling, and regular reporting to a probation officer. If you meet these requirements and demonstrate rehabilitation, the court may dismiss the charges, allowing you to move forward with a clean slate.
Important Considerations:
- Experienced Legal Guidance is Essential: Navigating the Graves Act Waiver and PTI process requires a deep understanding of New Jersey gun laws and court procedures. An experienced criminal defense attorney is crucial to effectively advocate for your eligibility and present a compelling case for leniency.
- The Prosecutor’s Role: The prosecutor plays a significant role in deciding whether to recommend a Graves Act Waiver or PTI. A skilled attorney can negotiate with the prosecutor and present mitigating factors that may increase the chances of a favorable outcome.
Domestic Violence in Fort Lee, NJ: Serious Consequences, Including Loss of Firearm Rights
Domestic violence is a grave issue in Fort Lee and across New Jersey. If you’re a victim or accused of domestic violence, understanding your rights and the legal implications is crucial.
What is Domestic Violence in NJ?
In New Jersey, domestic violence isn’t just physical abuse. It’s a pattern of controlling behavior that can include:
- Physical Assault: Hitting, punching, kicking, etc.
- Threats: Verbal or written threats of harm.
- Harassment: Repeated unwanted contact or stalking.
- Sexual Assault: Forced or unwanted sexual contact.
- Emotional Abuse: Isolation, humiliation, verbal attacks.
Why Handguns Are Taken Away
New Jersey law has a zero-tolerance approach to firearms in domestic violence situations. Here’s why:
- Safety is Paramount: The presence of a gun dramatically increases the risk of serious injury or death in a domestic violence incident.
- Preventing Escalation: Taking away firearms reduces the likelihood of violence escalating to a deadly level.
- Protecting Victims: Survivors are often terrified of their abusers having access to weapons. Removing guns helps create a safer environment.
Legal Mechanisms for Gun Removal:
- Temporary Restraining Orders (TROs): In emergencies, a judge can issue a TRO that includes a firearm surrender provision.
- Final Restraining Orders (FROs): If a judge finds domestic violence occurred, an FRO will almost always include a permanent ban on firearm possession and require the abuser to surrender any guns.
- Criminal Charges: If you’re convicted of a domestic violence offense, the judge has the authority to order you to forfeit your firearms.
- Federal Law: The federal Lautenberg Amendment also prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence.
It’s Not Just About Handguns
The restrictions usually extend to ALL firearms, not just handguns. This means rifles, shotguns, and any other weapons you own will likely be taken away.
What if I Need a Gun for My Job?
Even if your job requires a firearm (like law enforcement), a domestic violence conviction will likely disqualify you from possessing one, leading to job loss.
Can I Get My Guns Back?
In most cases, NO. Once a firearm surrender is ordered in a domestic violence case, it’s incredibly difficult to reverse.
The Importance of Legal Help
If you’re involved in a domestic violence case, whether as a victim or someone facing accusations, you need an experienced attorney.
- Victims: A lawyer can help you obtain a restraining order and navigate the legal system safely.
- Accused: A lawyer can protect your rights, potentially challenge the firearm surrender, and explore defense strategies.
Why Choose Brett M. Rosen, Esq., For Your Defense?
Facing a handgun charge can be a life-altering experience. The expertise and guidance of a seasoned criminal defense attorney are crucial for navigating the complexities of New Jersey’s gun laws and securing the best possible outcome.
Brett M. Rosen, Esq., brings the following to the table:
- Deep Expertise in NJ Gun Laws: Our attorneys have a comprehensive understanding of New Jersey’s firearm statutes, including the nuances of N.J.S.A. 2C:39-5b and the Graves Act.
- Proven Track Record: We have a history of successful defense in handgun cases, obtaining dismissals, reduced charges, acquittals, and minimizing penalties for our clients.
- Local Knowledge: We are intimately 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 advocate for your best interests.
- Client-Focused Approach: We understand the stress and anxiety that come with facing a handgun charge. We prioritize open communication, personalized attention, and ensuring our clients feel informed and empowered throughout their case.
- Tireless Advocacy: We are committed to fighting tirelessly for your rights. We will investigate every aspect of your case, challenge the evidence against you, and explore all available defenses to achieve the best possible outcome.
Potential Defenses Against Handgun Charges in Fort Lee, NJ
Every case is unique, and the specific defense strategy will depend on the facts and circumstances surrounding your arrest and charges. However, some common defenses that may be applicable to your case 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 by conducting an illegal search and seizure, the evidence obtained may be inadmissible in court.
- Valid Permit or License: If you had a valid permit or license to carry the handgun, this can be a complete defense to the charge of unlawful possession.
- 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
- What should I do if I am arrested for a handgun offense in Fort Lee, NJ? Invoke your right to remain silent and immediately request 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 specific facts and circumstances of your case. An experienced attorney can assess the evidence against you and advise you on the best course of action.
- 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 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, a proven track record of success in the Union County courts, and a commitment to providing you with personalized attention and aggressive representation.
- How much does a handgun charge lawyer cost in Fort Lee, New Jersey? 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.
- Can I be charged with unlawful possession of a handgun if the gun was registered to someone else? Yes. 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.
- What if I found the handgun and was planning to turn it in to the police? While this may be a mitigating factor, it is not a defense to unlawful possession. It’s essential to contact an attorney immediately if you find yourself in this situation.
Fort Lee, New Jersey Handgun Charge Lawyer
A handgun charge in Fort Lee, 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