NEW JERSEY CRIMINAL LAWYERS

NJ BURLINGTON COUNTY HANDGUN POSSESSION ATTORNEYS

Unlawful Possession of a Handgun: Why You Need a Defense Attorney in Mount Holly, New Jersey

If you’ve been charged with unlawful possession of a handgun in Burlington County, New Jersey, your future is at stake. In the state where possession of any firearm requires a permit to carry, this crime carries severe penalties including imprisonment. But don’t give up hope just yet – with the right criminal defense attorney on your side, you stand a better chance of avoiding conviction.

At Spodek Law Group, we understand how serious it is to be charged with unlawful possession of a handgun. Our team of experienced criminal lawyers has helped countless clients beat these charges and keep their freedom. We believe in providing our clients with strong guidance and support throughout their case.

Unlawful Possession Charges Explained

Under N.J.S.A. 2C:39-5b, it’s considered second-degree crime to knowingly possess an operable handgun without a carry permit. Those found guilty face heavy fines and lengthy prison terms.

There are four elements the prosecutor must establish for you to be convicted:
– The item in question was an operable handgun.
– You were in actual or constructive possession of the weapon.
– You did so knowingly.
– You didn’t have a carry permit or other license to possess the gun.

Penalties for Unlawful Possession

The penalties for unlawful possession differ depending on the severity of the offense:
– If found guilty of second-degree unlawful possession of a handgun, you could be fined as much as $150,000 and sentenced to between five and ten years in prison.
– A third-degree conviction for B.B. guns or pellet guns can result in prison terms up to five years and fines near $15,000.

Graves Act Applies

Unlawful possession is one example of a Graves Act offense that automatically triggers mandatory minimum imprisonment periods. This period is equivalent to one-half of the sentence imposed or 42 months (whichever is greater). While it’s possible to get a waiver from the Graves Act, achieving one requires skill and expertise.

Pretrial Detention

Almost all unlicensed handgun cases result in a motion to detain by prosecution. If you possess a handgun without a carry permit, there’s an order that you remain incarcerated until your trial commences. It’s crucial that you hire a lawyer who understands detention hearings and has success defending them.

Why You Need Spodek Law Group

At Spodek Law Group, we’re well aware of New Jersey’s firearm laws and have enormous experience defending clients against firearm charges. Our legal team has handled over 200 combined years of offenses involving unlawful possession of a handgun, certain persons charges, unlawful purpose allegations, and firearms possession during CDS activities.

Ten highly skilled criminal lawyers have devoted their practices solely to defense. Former county prosecutors have also joined the team; they’ve served as Director of the Gun Task Force, Major Crimes Bureau, Trial Division, Juvenile Unit, Special Operations certified criminal trial attorneys.

We believe our credentials exceptional enough to provide robust representation for our clients. Get in touch with us at 888-981-7717 for a free consultation about your arrest and upcoming detention hearing or other significant case aspect.

Unlicensed Handgun Possession Lawyers Burlington County

At Spodek Law Group office in Burlington County, we know having an illegal handgun seized can be a scary experience that carries steep consequences — jail time being only among them — if not defended appropriately. A highly experienced attorney should handle these firearm cases because possessing handguns without proper documentation can trigger ten years in prison on its own.

Our highly talented criminal defense attorneys will do whatever it takes to defend your freedom. Most of our lawyers come with prosecution experience; many were even former directors of New Jersey’s Gun Task Force! Call us anytime at 888-981-7717, and we’ll provide you with a free consultation to help you get started.

Table 1: Penalties for Unlawful Possession

| Offense | Penalty |
| — | — |
| Second Degree Unlawful Possession | $150,000 fine; 5-10 years in prison |
| Third-Degree Unlawful Possession (BB gun, Pellet gun etc) | $15,000 fine; up to 5 years in prison |

Table 2: Graves Act Penalty

| Graves Act Violation | Penalty|
| — | — |
|Mandatory Minimum Period of Imprisonment | Equivelantto 1/2 of the sentence imposed or 42 months, whichever is greater.|