NEW JERSEY CRIMINAL LAWYERS

NJ GRAVES ACT

Protect Your Rights with a Gloucester City NJ Handgun Defense Lawyer

If you are facing charges for possessing an illegal firearm, it is crucial to seek legal representation from an experienced lawyer. The Graves Act, enacted in 1981 by the New Jersey legislature, imposes mandatory minimum-term sentencing on those found guilty of using or having firearms during certain enumerated charges. Todd Spodek and his team of attorneys have over 100 years of combined experience and knowledge to defend your rights if charged under such circumstances.

New Jersey Graves Act Explained

The Graves Act applies to offenses committed while you are in possession of a firearm during the commission of certain criminal activities. If found guilty, parole will be mandatory ineligibility regardless of whether it’s a first-degree or lower degree charge. The law mandates prison time for you before becoming eligible for parole.

Offenses falling under the investigative scope of the Graves Act include:

– Murder
– Manslaughter
– Aggravated assault
– Aggravated Sexual Assault
– Aggravated Criminal Sexual Contact
– Robbery
– Burglary
– Unlawful possession of a sawed-off shotgun
– Possession of a defaced firearm
– Possession of a firearm while engaging in a drug offense
– Unlawful possession of machine gun
– Unlawful possession handgun
– Unlawful possession rifle or shotgun
– Certain people barred from carrying weapons

It is essential to understand that these offenses only come with sentencing requirements applicable to the reviewing judge and not additional crimes per se. At The Law Offices of Todd Spodek, our knowledgeable litigators employ field-tested methods when defending clients against any charges related to the Graves Act throughout Camden County.

Minimum Terms Of Incarceration

Once you have been convicted as per the provisions laid down on the Graves Act, regardless if it’s your first or subsequent offense, judges require mandatory minimum-term incarceration before being considered for parole eligibility. Here are the minimum incarceration terms applicable:

– First, second, and third-degree charges come with jail time ranging between one-third and one-half of the sentenced imposed or forty-two months, whichever is greater.
– Fourth-degree charges carry an obligatory imprisonment term of 18 months.

Restrictions on Plea Bargaining

Plea bargaining in the Graves Act cases will likely be limited by the Supreme Court, thereby limiting agreements reached through such negotiations. Courts cannot dismiss charges unless there is insufficient evidence to sustain the offense; you are pleading guilty to an offense mandating parole ineligibility of at least equal length as per the Graves Act; or you have compelling reasons that allow plea bargaining.

Exclusion from Drug Court

Graves Act violators can’t participate in drug court programs where facts suggesting a likelihood of using a firearm during future offenses must be overturned for reconsideration.

Hire Pennsauken NJ Unlawful Possession of a Handgun Lawyer

Pennsauken Township is Camden County’s municipality with many populations vulnerable to firearms charges like unlawful possession of handguns. Engaging a highly-skilled criminal defense attorney enhances your chances of winning your case. The Law Offices of Todd Spodek has a skilled team capable of providing free consultations on your situation by calling our Cherry Hill office at 856-662-8300.