NEW JERSEY CRIMINAL LAWYERS

NJ BURLINGTON COUNTY UNLAWFUL POSSESSION OF A HANDGUN OFFENSE

Defend Your Rights with Skilled Unlawful Possession of a Handgun Lawyers in Mount Holly, New Jersey

Facing an unlawful possession of a handgun charge in Burlington County can be devastating, as New Jersey imposes stringent criminal laws concerning illegal weapons. The state’s penalties are especially severe when it involves a handgun. As such, choosing the right attorney to represent you becomes more than just necessary; it is imperative. At Spodek Law Group, we offer expert legal guidance from adept criminal defense lawyers with decades of experience representing gun offenses in New Jersey.

Why Choose Us?

Our team consists of ten lawyers specializing in firearms laws and represents clients arrested for violating them in New Jersey. Our practice has former county prosecutors who have previously held prestigious positions such as Director of the Guns Task Force and other significant bureaus like Major Crimes Bureau, Juvenile, Special Operations or the entire Trial Division. Additionally, some members of our team hold certification from the Supreme Court of New Jersey Board on Trial Attorney Certification as certified trial attorneys.

Our offices located on High Street in Mount Holly are just across from the courthouse, providing easy access to legal representation at any time you need help. With our 24-hour hotline (609-491-2110), our professional lawyers are available to provide immediate expert legal advice at no cost during consultations.

Unlawful Possession Charge for Handguns

Under the N.J.S.A 2C:39-5b statute, law enforcement may charge an offender with unlawful possession if they possess handguns without a permit to carry. However, it is important to note that possessing a handgun while en route to or from a licensed shooting range or gun dealer is not necessarily illegal.

Elements Required for Proof

A prosecutor must prove beyond a reasonable doubt that three underlying elements were present:

– An operable handgun must exist.
– The defendant knowingly possessed said firearm
– There was no existing permit allowing the defendant’s possession of the handgun.

Exemptions from New Jersey Gun Laws

There are several exceptions to the legal requirements of 2C:39-5b, which allow for possessing firearms without penalties. These exemptions include:

– Members of military personnel required to transport authorized handguns between stations or bases.
– Federal Law Enforcement Officers whose official duties require carrying firearms.
– State Police and other qualified law enforcement officers are exempt if their position requires them to carry a firearm.
– Wardens and Corrections Officers transporting prisoners
– Sheriffs, prosecutors, attorney generals, as well as police officers.

Regarding Inoperable Handguns

Notably, convictions of illegal possession do not arise if the handgun’s failure to function is due to decommissioning or simply being mechanically inoperable.

BB & Pellet Handguns Grade Difference

Third-degree felony charges apply when there is unlawful possession of a handgun powered by air, gas or spring (BB or Pellet guns), reducing the offense level compared to operating pistols like Glock or Colt.

Penalties

Unlawful possession of a handgun remains a serious second-degree felony in New Jersey that may warrant between five and ten years imprisonment plus a maximum fine amount of $150,000 upon conviction. However, for third-degree felony-grade offenses such as with BB and pellet handguns illegally obtained and unlicensed by the state authorities, there can be up to five years imprisonment with maximum fines worth $15,000 attributed.

Graves Act Sentencing Requirements

The Graves Act mandates that individuals facing criminal offenses involving unlawful possession require parole ineligibility for at least 42 months when sentenced for holding an unlicensed handgun. The Burlington County judge presiding over this crime will enforce these sentencing requirements accordingly. Moreover, relevant offences that involve firearms may have extended prison terms imposed on offenders based on prior criminal convictions.

Diversion Programs

Unlawful possession crimes committed cannot benefit from Drug Court or Burlington County Pretrial Intervention programs. Also, offenders cannot participate in the Intensive Supervision Program.

Pretrial Release

While pretrial release entitlements exist for those facing an unlawful handgun possession charge, prosecutors are required to file a motion to detain offenders during their initial court appearance per the NJ Attorney General’s directive. Therefore, it is necessary to seek legal representation promptly, especially from lawyers experienced in handling detention hearings in Mount Holly.

Contact our Office Today

At Spodek Law Group, we understand the magnitude of charged firearm-related offenses and value your defense rights. We deliver professional, timely and aggressive criminal defense services while emphasizing integrity throughout every case we handle. To schedule your free initial consultation or learn more about our services, call us today at 609-491-2110.