FEDERAL CRIMINAL LAWYERS

Hunterdon County Weapons Offense Defense Lawyers

You got charged with a weapons offense in Hunterdon County and you don’t know if you’re facing second-degree charges for unlawful possession of a handgun carrying five to ten years in state prison or third-degree charges for unlawful possession of a rifle or shotgun carrying three to five years, whether the Graves Act mandatory minimum sentence requiring you to serve 42 months before becoming eligible for parole applies to your case even though you’re a first-time offender with no criminal record, whether you can obtain a Graves Act waiver reducing the mandatory minimum from 42 months to one year or possibly receive probation. You don’t understand that you needed a carry permit for the handgun found in your vehicle during the traffic stop or that you needed a Firearms Purchaser Identification Card for the rifle you inherited from your grandfather, you legally owned the firearm in Pennsylvania or another state and didn’t realize New Jersey’s gun laws are completely different with no reciprocity for other states’ permits, and you’re worried because your attorney told you the typical plea offer even for first-time offenders with no prior record is five years in state prison with three years mandatory before parole eligibility under the Graves Act. You’re concerned about the permanent felony record that will result in permanent loss of your Second Amendment gun rights under both federal and state law meaning you can never own, possess, or be around firearms for the remainder of your life, and you don’t know whether certain prior convictions could elevate your weapons charge to a first-degree crime carrying ten to twenty years in state prison.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from Pace Law School in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial. During law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her criminal trial in 2019 which became the basis for the Netflix series “Inventing Anna” released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in major media outlets including the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients charged with Graves Act weapons offenses throughout Hunterdon County, and we’ve handled many, many weapons cases at Superior Court in Flemington with successful outcomes including Graves Act waivers, dismissals based on Fourth Amendment violations, and downgraded charges. If you’re reaching out to us—we understand the stakes you’re facing.

The answer depends on the type of firearm you possessed and whether you have certain prior convictions that trigger enhanced penalties. Unlawful possession of a handgun without a permit to carry is a second-degree crime carrying five to ten years in state prison and a fine up to $150,000, with a Graves Act mandatory minimum of 42 months before parole eligibility under N.J.S.A. 2C:39-5b, and the typical plea offer is five years with three years mandatory. Unlawful possession of a rifle or shotgun without a Firearms Purchaser Identification Card is a third-degree crime carrying three to five years in state prison with a Graves Act mandatory minimum of 42 months under N.J.S.A. 2C:39-5c. Under the Graves Act (N.J.S.A. 2C:43-6), the judge has no discretion to impose probation—defendants must serve a mandatory minimum of 42 months before parole eligibility. However, a Graves Act waiver is possible for first-time offenders, reducing the mandatory minimum from 42 months to one year if the prosecutor files a motion and the assignment judge approves. These cases are prosecuted by the Hunterdon County Prosecutor’s Office at Hunterdon County Superior Court in Flemington where grand jury indictment is required. A conviction results in a permanent felony record under N.J.S.A. 2C:43-3 and permanent loss of gun rights under N.J.S.A. 2C:39-7 for the remainder of your life.

The Graves Act and Obtaining a Waiver for First-Time Offenders

The Graves Act under N.J.S.A. 2C:43-6 imposes mandatory minimum sentences on individuals convicted of unlawful firearm possession or who commit crimes while possessing firearms, requiring defendants to serve one-third to one-half of their sentence or 42 months, whichever is longer, before becoming eligible for parole. This mandatory minimum applies even to first-time offenders with no criminal record who had no intention of using the firearm unlawfully—someone who legally owned a handgun in another state and was driving through New Jersey without realizing they needed a New Jersey carry permit faces the same Graves Act mandatory minimum as someone with a criminal history. The typical plea offer on an unlawful gun possession charge even for a person with no prior record is five years in state prison with three years mandatory before parole eligibility, meaning the defendant must serve three years in state prison before the parole board will even consider release. However, a Graves Act waiver is available under limited circumstances for first-time offenders. If the prosecutor files a motion requesting a waiver, and if the defendant has never been convicted of a prior gun offense, the assignment judge can waive the mandatory minimum and reduce it from 42 months to one year. With a Graves Act waiver, probation becomes possible in some cases, or if state prison is imposed, the mandatory minimum is only one year instead of 42 months. Obtaining a Graves Act waiver is the primary defense strategy for first-time offenders facing weapons charges—without the waiver, even a first offense with no criminal record and no intent to use the firearm unlawfully results in years of mandatory state prison time that the judge has no discretion to reduce. The defense attorney’s role includes presenting evidence to the prosecutor and judge demonstrating that the defendant is a first-time offender, had no criminal intent, legally owned the firearm in another state, was unaware of New Jersey’s permitting requirements, and poses no danger to the community, all of which support granting a Graves Act waiver.

Todd Spodek’s Strategic Defense Approach to Weapons Offense Cases

In weapons offense cases prosecuted by the Hunterdon County Prosecutor’s Office, Todd Spodek employs sophisticated defense strategies beginning with pursuing a Graves Act waiver for eligible first-time offenders by presenting compelling evidence to the prosecutor and assignment judge demonstrating that the defendant has no prior criminal record, legally owned the firearm in another state, had no knowledge of New Jersey’s strict permitting requirements, had no criminal intent in possessing the firearm, and poses no danger to the community such that a waiver is appropriate and just. He challenges the legality of the stop, search, and seizure under the Fourth Amendment to the United States Constitution and Article I Paragraph 7 of the New Jersey Constitution by filing pretrial motions to suppress evidence when police stopped a vehicle without reasonable suspicion, searched without probable cause or valid consent, or executed a search warrant based on unreliable information. He challenges whether the defendant “knowingly” possessed the firearm as required under N.J.S.A. 2C:39-4 by presenting evidence that the firearm belonged to someone else, the defendant didn’t know it was in the vehicle or residence, or the defendant had no control over the firearm which was in a location accessible to multiple people. He presents evidence of lawful ownership in other states and federal law allowing transportation of firearms through New Jersey under certain conditions when the firearm is unloaded, locked in the trunk, and the travel is continuous through New Jersey without stopping except for necessities like gas. He negotiates with prosecutors to downgrade charges from second-degree possession of handgun to third-degree possession of rifle or shotgun when facts support it, or to avoid Graves Act mandatory minimums through creative plea agreements. In Hunterdon County specifically, Todd has handled weapons cases arising from traffic stops on Routes 31, 78, and 202 where police searched vehicles and found firearms, search warrants executed at residences throughout Flemington, Clinton, Lebanon, and other municipalities, cases involving individuals who legally owned firearms in Pennsylvania, New York, or other states and were arrested while transporting through New Jersey, inherited firearms without understanding New Jersey’s permitting requirements, and situations where multiple people had access to the location where the firearm was found. His trial experience gives him the skills to aggressively cross-examine police officers about the circumstances of the stop and search, challenge whether probable cause existed, present expert testimony about firearms laws in other jurisdictions, and argue for Graves Act waivers at sentencing.

Call 212-300-5196.