Unlawful Handgun Charges Attorney Elizabeth, NJ

Unlawful Handgun Attorney Elizabeth, NJ

Have you been arrested or charged with an unlawful handgun offense in Elizabeth, New Jersey? The situation is undoubtedly serious, with potential consequences that can drastically alter the course of your life. Don’t navigate the complexities of the legal system 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 unlawful handgun charges in Elizabeth and throughout Union County, New Jersey. He is also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% off attorneys in the New Jersey. We understand the gravity of these charges, the intricacies of New Jersey’s gun laws, and the nuances of the local court system.

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. We will guide you through every step of the legal process, offering compassionate support and aggressive advocacy to ensure your voice is heard.

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.
• 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.
• Possession of a Large Capacity Ammunition Magazine (LCA) (N.J.S.A. 2C:39-3j): 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, 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 years in prison if convicted under the Graves Act. Under the Graves Act, a person charged with an unlawful handgun faces up to 10 years in prison, 42 months of parole ineligibility. This means that no matter what the defendant must serve 42 months in prison before be eligible for parole. 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, New Jersey 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.

New Jersey’s Red Flag Law: A Tool for Safety in Elizabeth, NJ

Elizabeth, New Jersey, like many communities across the nation, is not immune to the devastating impact of gun violence. To address this pressing issue, the state enacted the “Red Flag Law,” formally known as the Extreme Risk Protective Order Act, in 2019. This law provides a mechanism for law enforcement, family members, and even roommates to petition the court for the temporary removal of firearms from individuals deemed to be a danger to themselves or others.

How the Red Flag Law Works in Elizabeth

The process begins when a concerned party – be it a family member, household member, or law enforcement officer – files a petition with the Elizabeth Municipal Court or Union County Superior Court. The petition must present evidence demonstrating that the individual poses a significant risk of harm with a firearm.

If the court finds the evidence credible, it can issue a Temporary Extreme Risk Protective Order (TERPO). This order, valid for up to ten days, prohibits the individual from purchasing or possessing firearms. Law enforcement is then authorized to seize any firearms owned by the individual, even without a warrant if there is an immediate threat to safety.

Within ten days of issuing the TERPO, a court hearing is held where both sides present their case. If the court determines that the risk of harm remains, it can issue a Final Extreme Risk Protective Order (FERPO), which can extend the prohibition on firearm possession for up to one year. This can be renewed annually if necessary.

Balancing Safety and Rights

The Red Flag Law aims to prevent tragedies by providing a legal avenue to intervene before gun violence occurs. It offers a valuable tool for law enforcement and concerned individuals to protect the community. However, the law also raises important considerations about due process and Second Amendment rights. It’s essential to strike a balance between ensuring public safety and protecting individual rights.

How Brett M. Rosen, Esq., Can Defend You Against Handgun Charges

We understand the seriousness of handgun charges and the potential consequences they can have on your life. Our experienced attorneys are dedicated to providing you with a strong defense and fighting for the best possible outcome. We will:

• Conduct a Thorough Investigation: We will meticulously examine all aspects 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.
• Challenge the Prosecution’s Case: We 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.
• Explore All Potential 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: We can argue that you did not knowingly 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 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 (FAQs) About Handgun Charges in Elizabeth, NJ

1. What should I do if I am arrested for a handgun offense in Elizabeth, 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.
2. 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.
3. 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.
4. 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.
5. 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.
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, a proven track record of success in Union County courts, and a commitment to providing you with personalized attention and aggressive representation.
8. How much does a handgun charge lawyer cost in Elizabeth, 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.
9. 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.
10. 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.

11. 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.

12. 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.

13. 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.

14. What are the requirements for obtaining a permit to carry a handgun in New Jersey? The requirements 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.

15. 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.

16. What is the typical process for defending against a handgun charge in Union County? 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.

17. What are the chances of getting a Graves Act Waiver in Union County? 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 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 and confidential consultation.