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Monmouth County Unlawful Possession of a Handgun Lawyer

December 18, 2023

Monmouth County Unlawful Possession of a Handgun Lawyer

In New Jersey, it is illegal to possess a handgun without having the proper permits and licenses. The laws are strict, and penalties are severe if convicted, often involving mandatory minimum prison sentences. If you have been charged with unlawful possession of a handgun in Monmouth County, it is critical that you speak to an experienced criminal defense attorney as soon as possible.

Penalties for Unlawful Possession of a Handgun in New Jersey

The penalties for unlawful possession of a handgun depend on the specific circumstances but commonly include:

  • 2nd Degree Crime: 3-5 years in NJ State Prison
  • 3rd Degree Crime: 3-5 years in NJ State Prison
  • Mandatory Minimum Sentences: Graves Act applies in many cases

In addition, there will likely be substantial fines and loss of civil rights. With so much at stake, defending against the charges aggressively with a skilled Monmouth County weapons lawyer is imperative.

Common Defenses Against Unlawful Possession Charges

There are defenses that an attorney may be able to employ to fight the charges, such as:

  • Invalid Search: Evidence obtained illegally through an invalid vehicle search or home search can possibly be suppressed.
  • Misidentification: Mistaken identity leading to the charges against an innocent person.
  • Self-Defense: Possession of the weapon was necessary for self-defense reasons.
  • Lack of “Possession”: The prosecution cannot prove you knowingly possessed the handgun.

An experienced lawyer will thoroughly analyze the facts of your case to determine the best defense strategies.

Finding the Right Monmouth County Unlawful Possession of a Handgun Lawyer

If you have been accused of unlawful possession of a handgun, it is critical that you have an accomplished Monmouth County criminal defense lawyer on your side. Key credentials to look for include:

  • Exclusively Practices Criminal Defense: You want an attorney focused solely on criminal defense work and protecting the accused rather than a general practitioner.
  • Decades of Experience: Look for 10+ years handling weapons charges specifically in Monmouth County courts.
  • Former Prosecutors: A lawyer who previously worked in the Monmouth County Prosecutor’s Office brings invaluable insight.
  • Certified Criminal Trial Attorney: Ensure your lawyer has earned certification demonstrating criminal trial skills.
  • Track Record of Success: A long history of favorable verdicts and outcomes for clients charged with unlawful weapons possession in Monmouth County.

Our Monmouth County Unlawful Possession of a Handgun Lawyers Can Help

The defense lawyers at my firm provide elite-level representation for those charged with unlawful possession of a handgun in Monmouth County. With over 200 years of combined experience, including former Monmouth County prosecutors, we have the skills and determination to build the strongest possible defense for our clients.

If you or a loved one has been accused of unlawful possession of a weapon, contact us online or call us at 732-XXX-XXXX for a free consultation. Time is of the essence for developing an effective defense in weapons charges cases.

Frequently Asked Questions

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

The penalties depend on whether it is a 2nd or 3rd degree crime but commonly include 3-5 years in NJ State Prison. The Graves Act also imposes mandatory minimum sentences in many cases.

What should I do if I’ve been charged with unlawful possession of a weapon?

You should exercise your right to remain silent and immediately contact a criminal defense lawyer. An experienced attorney can advise you on the best defense strategies for your specific circumstances.

What happens if police find an unlicensed gun in my car?

You may face charges for unlawful possession of a handgun. An attorney can argue the search was invalid if the police lacked probable cause to search your car. Any evidence found might then be suppressed.

Can charges still be filed if I legally own the gun in another state?

Yes. NJ has strict laws on handgun possession and does not recognize carry permits from other states. Out-of-state visitors found with handguns face the same charges as NJ residents.

What is the punishment for unlawful possession of a handgun?

Like most gun crimes, unlawful possession of a handgun is a felony offense. You will likely face years in prison if convicted. The Graves Act also imposes mandatory minimum sentences.

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