Unlawful Possession of a Handgun in Linden, NJ? Protect Your Freedom with Brett M. Rosen, Esq.

Unlawful Possession of a Handgun Attorney Linden, NJ

Unlawful Possession of a Handgun Attorney Linden, NJ

Unlawful Possession of a Handgun Attorney Linden, NJ

A charge of unlawful possession of a handgun in New Jersey is a serious offense with severe consequences, including mandatory prison time. If you or someone you know is facing this charge in Linden, NJ, it is essential to seek experienced legal counsel immediately. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, is a dedicated and aggressive advocate who will fight tirelessly to protect your rights and secure the best possible outcome for your case.

Why Choose Brett M. Rosen, Esq. for Your Weapons Charge?

Brett M. Rosen is not just a lawyer; he’s a fierce defender of your rights, a champion for those facing the complexities of the criminal justice system, especially when the stakes are high. He brings to the table a unique combination of legal expertise, strategic thinking, and unwavering dedication to his clients. Here’s why he stands out as a top choice for unlawful possession of a handgun defense in Linden:

  • Extensive Experience in Weapons Cases: Brett M. Rosen has a deep understanding of New Jersey gun laws, including the Graves Act (which mandates minimum prison sentences for certain gun offenses). He has a proven track record of successfully defending clients against a wide range of weapons charges, from unlawful possession to more complex firearms offenses.

  • Certified Criminal Trial Attorney: He holds the prestigious certification by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in the state. This certification underscores his mastery of courtroom tactics, evidence presentation, and persuasive advocacy, essential qualities for effectively representing clients facing serious charges like unlawful possession of a handgun.

  • Relentless Pursuit of Justice: Brett M. Rosen is a passionate advocate who believes in fighting tirelessly for his clients’ rights. He understands that facing a weapons charge can be a terrifying experience, and he is committed to providing unwavering support and guidance throughout the entire legal process. He will stand by your side, ensuring your voice is heard and your rights are protected every step of the way.

  • Masterful Negotiation Skills: While prepared to take any case to trial, Brett M. Rosen is also a skilled negotiator. He recognizes that sometimes the best outcome can be achieved through strategic negotiations with the prosecution. He will leverage his negotiation skills to explore all possible avenues for a favorable resolution, whether it’s a plea agreement, a reduced sentence, or even a dismissal of charges.

  • Client-Centered Approach: At the heart of Brett M. Rosen’s practice is a deep commitment to his clients. He understands that each case is unique and that every client deserves personalized attention and unwavering support. He will take the time to listen to your story, understand your concerns, and answer your questions, ensuring you feel informed and empowered throughout the legal process.

Understanding Unlawful Possession of a Handgun Charges in Linden, New Jersey

New Jersey has some of the strictest gun laws in the country. Unlawful possession of a handgun is a serious offense with severe penalties.

Key Laws:

  • N.J.S.A. 2C:39-5: This statute defines the offense of unlawful possession of a weapon, including handguns.
  • The Graves Act: This law mandates minimum prison sentences for certain gun offenses, including unlawful possession of a handgun.

Elements of the Offense:

To secure a conviction for unlawful possession of a handgun, the prosecution must prove the following elements beyond a reasonable doubt:

  1. S-___ is a handgun;
  2. That the defendant knowingly possessed the handgun; and
  3. That the defendant did not have a permit to possess such a weapon.

Penalties for Unlawful Possession of a Handgun

Unlawful possession of a handgun is typically a second-degree crime in New Jersey, carrying the following penalties:

  • Prison Sentence: 5 to 10 years in prison, with a mandatory minimum term of 3 & 1/2 years without parole under the Graves Act.
  • Fines: Up to $150,000.

In New Jersey, the Graves Act is a law that mandates minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means that even for first-time offenders, a conviction under the Graves Act can lead to mandatory jail time. However, there’s a potential way to avoid this harsh outcome: the Graves Act Waiver.

What is a Graves Act Waiver?

A Graves Act Waiver is a legal mechanism that allows a judge to waive the mandatory minimum prison sentence required by the Graves Act. This means that if a waiver is granted, the judge has more discretion in sentencing and can consider alternatives to prison, such as probation, community service, or even Pretrial Intervention (PTI).

Who is Eligible for a Graves Act Waiver?

Eligibility for a Graves Act Waiver is limited. Here are the key requirements:

  • First-Time Offender: You must be a first-time offender with no prior convictions for any crimes, including weapons offenses.
  • Nature of the Offense: The offense must not have involved any serious bodily injury to another person.
  • Interests of Justice: You must demonstrate that it would be against the interests of justice to impose the mandatory minimum prison sentence. This often involves showing that you pose no threat to the community, that the offense was an isolated incident, and that you have strong ties to the community.

Factors the Judge Considers:

When deciding whether to grant a Graves Act Waiver, the judge will consider various factors, including:

  • Your Age and Criminal History: Younger individuals with no prior record are more likely to be considered for a waiver.
  • The Circumstances of the Offense: If the offense was non-violent and did not involve any aggravating factors, it might weigh in favor of a waiver.
  • Your Character and Community Ties: Evidence of good character, strong family ties, employment, and community involvement can support your case for a waiver.
  • Public Safety: The judge must also consider public safety and whether waiving the mandatory sentence would pose a risk to the community.

Benefits of a Graves Act Waiver:

A Graves Act Waiver can be a crucial lifeline for someone facing a mandatory prison sentence. It can:

  • Avoid Jail Time: Allow you to avoid a mandatory prison sentence and potentially receive a non-custodial sentence.
  • Minimize Consequences: Reduce the overall impact on your life, including avoiding a criminal record if you are eligible for PTI.
  • Protect Your Future: Help you preserve your job, your housing, and your relationships.

Defenses to Unlawful Possession of a Handgun Charges

Brett M. Rosen, Esq. will meticulously analyze your case and explore all possible defenses, including:

  • Challenging the Search and Seizure: Were your constitutional rights violated during the search and seizure of the handgun? Did the police have a valid warrant or probable cause?
  • Challenging Possession: Did you actually possess the handgun? Were you aware of its presence? Did you have control over the area where it was found?
  • Lack of Unlawful Purpose: Did you possess the handgun for a lawful purpose, such as self-defense or target shooting?
  • Valid Permit: Did you have a valid permit to carry the handgun?
  • Entrapment: Were you induced by law enforcement to possess the handgun?
  • Duress: Were you forced to possess the handgun under threat of harm?

FAQs about Unlawful Possession of a Handgun Charges in Linden, NJ

  • What is the Graves Act and how does it apply to my case?

    • The Graves Act is a New Jersey law that mandates minimum prison sentences for certain gun offenses, including unlawful possession of a handgun. If you are convicted, you will likely face a mandatory minimum sentence of 3 years without parole.

  • Can I get my gun charge expunged in New Jersey?

    • Expungement of gun charges is generally more difficult than other offenses, but it may be possible in certain circumstances, especially if you were a juvenile at the time of the offense.

  • What are the penalties for possessing a handgun in a vehicle in New Jersey?

    • Possessing a handgun in a vehicle is a separate offense with its own set of penalties, which can be even harsher than unlawful possession.

  • What should I do if I am arrested for unlawful possession of a handgun?

    • Do not speak to the police without an attorney present. Contact Brett M. Rosen, Esq. immediately to protect your rights.

  • Can I own a gun in New Jersey if I have a prior criminal record?

    • It depends on the nature of your prior convictions. Certain convictions can disqualify you from owning a firearm in New Jersey.

  • What are the requirements for obtaining a gun permit in New Jersey?

    • New Jersey has strict requirements for obtaining a gun permit, including background checks, fingerprinting, and firearms training.

Additional FAQs

Can I carry a handgun in my home in New Jersey?

  • You can generally possess a handgun in your home if you are not prohibited from owning firearms. However, there are still regulations regarding storage and transportation.

What are the differences between the different types of weapons offenses in New Jersey?

  • New Jersey law defines various weapons offenses, including unlawful possession, possession for an unlawful purpose, certain persons not to have weapons, and unlawful disposition of a firearm. The penalties vary depending on the specific offense and the type of weapon involved.

What are the penalties for unlawful possession of a handgun in New Jersey?

  • The penalties can be severe, including prison time of up to 10 years, fines up to $150,000, and a criminal record. The Graves Act mandates minimum prison sentences for certain gun crimes.

Where will my unlawful possession of a handgun case be heard in Linden?

  • These cases are typically handled in the Union County Superior Court.

Don’t Face Your Gun Charges in Linden, NJ Alone!

Top-Shelf Unlawful Possession of a Handgun Charge Attorney Linden, New Jersey

Facing a gun charge in Linden, NJ can be a daunting experience, but you don’t have to face it alone. Brett M. Rosen, Esq. is a dedicated and experienced criminal defense attorney who will stand by your side, providing unwavering support and aggressive representation. He will:

  • Conduct a thorough investigation of the charges and the evidence against you.
  • Develop a strong defense strategy tailored to your specific circumstances.
  • Challenge the prosecution’s case at every stage of the proceedings.
  • Protect your rights and ensure you understand the legal process.
  • Negotiate with the prosecutor to seek a favorable resolution.
  • Provide skilled and effective representation in court.

If you or someone you know is facing unlawful possession of a handgun charges in Linden, contact Brett M. Rosen, Esq. today for a free consultation. He is available 24/7 to discuss your case and provide expert legal guidance.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.

Let me start by saying Brett Rosen saved my life. I don't speak hyperbolically here. Due to different laws across states I violated some very serious laws concerning possession of a firearm. I was in jail. I had never been involved with the system, scared, lost and hopeless my family found Brett. I was facing 40 years. I was ready to give up and felt my adult life was over just as it was beginning. I had 0 faith in the system or those working on either side of it. While I was being processed by the local authorities before I even made it to county the authorities although very respectful were distraught by my immediate request for an attorney and within a few hours their faces had dropped. They mentioned nothing to me (the authorities) but while discussing issues with eachother the junior cops face dropped and the only audible thing I could hear was "Already?!" And I knew it was my lawyer. I spoke with Brett the next day. He was not only obviously ruthlessly competent in his knowledge of the law but also compassionate. I knew he cared not just about my case but about me. My family was horrified and justifiably angry with me and my situation. My marriage had just fallen apart recently as well and locked in a cell the only things that kept any semblance of hope in my mind were the conversations I was having with Brett. Every deadline he told me to expect he accomplished early. Namely my release from lock up. He told me the plan, communicated effectively with me what I needed to do on my end and fed the growing seed of hope he had planted in my soul. I'm a businessman and strive to never surround myself with "yes men" Brett was never that. He was a this is what you can expect man and this is what I'm going to get done and over the course of the next year he accomplished every single one. He resolved my case with a plea deal that keeps my record clean and was an absolute best case scenario across the board. It was even said during my hearings that the work he prepared were the most impressive packages the courts had ever seen. Brett tells me something. It's as good as gold. Now the case is fading into a distance nightmare and my life will continue to grow towards better and greater things and while my faith in the system is still low. My faith in Brett Rosen and humanity as a result is as strong as it could ever be. Brett, thank you from the bottom of my heart, any firm you find yourself at is blessed to have you and im glad i stuck with my instinct to trust in you every step of the way. Anyone reading this and wondering if he's a good choice, take it from me and the life of freedom I now have, he's the best, and in my humble opinion, the only choice. The burning fire that illuminates the seemingly endless darkness one faces when staring down severe legal consequences. Brett Rosen saved my life.
Eric S