NJ NEW JERSEY UNLAWFUL POSSESSION OF A HANDGUN LAWYER
Former County Prosecutors with Unmatched Expertise in Handgun Matters Ready to Defend Your Legal Rights
Illegal possession of a handgun without a proper license or permit attracts severe consequences, including lengthy imprisonment. Most people who visit or drive through New Jersey are often unaware of this law and may find themselves facing charges for unlawful possession of a firearm unknowingly. If you have recently been charged, it is essential to contact an experienced NJ Criminal Defense Attorney who can represent you professionally and defend your freedom at all costs.
At the Law Offices of Todd Spodek, we boast a competent team of skilled attorneys capable of providing outstanding defense strategies. Our lawyers cumulatively possess over 200 years of experience and possess exemplary qualifications and credentials, including:
– Former county prosecutors that have served critical roles relating to handguns such as the Director of Major Crimes,-the Guns Task Force, and the entire trial division
– Lawyers certified by the NJ Supreme Court as certified criminal trial attorneys
– A team of ten lawyers specializing exclusively in defense
– Several thousands of cases successfully handled over several decades
Our legal practitioners are available 24/7 to help you prepare for court proceedings and answer initial consultation questions free. We are committed to helping you out in any way we can, so do not hesitate to contact us at 877-322-2865 to get started.
Understanding Unlawful Possession of a Handgun in New Jersey
According to N.J.S.A 2C:39-5b, knowingly possessing a handgun without obtaining permission from New Jersey state authorities is illegal; this law applies to both residents and non-residents irrespective their licensed status or permit obtained from another state. In “State v Hatch,” (64 N.J. 179,185 (1973), it was clarified that a license or permit issued outside New Jersey does not qualify under this law.
The prosecutor looking for conviction has to prove three integral elements:
– The presence of a handgun
– Knowing possession of the handgun by the accused
-Lack of a permit
This law defines ‘handgun’ as any firearm designed to fire bullets, ball, pellet, missile or other release by shell or cartridge and using explosive means propelled by an explosive substance. It can also refer to any BB or pellet gun activated via air.
In this case, possession could be either actual (physical control over an individuals person) or constructive (individual aware of the firearms existence with ability and intention to control it).
N.J.S.A 2C:39-5b enforces the presumption that defendants lack permits or licenses unless they prove otherwise. Jurors can also assume that no valid permit exists in cases under 2C:39-5b where the defendant has to establish evidence for establishing a valid authorization.
It is important to note that lawful self-defense is acceptable in defeating handgun possession charges only when the defendant first arms themselves with a handgun before any danger becomes imminent.
Penalties for Unlicensed Possession of Handgun in New Jersey
Unlawful possession of a handgun is a second-degree crime attracting imprisonment between five and ten years. If additional crimes accompany this violation such as assault; robbery, etc., the punishment may further extend beyond ten years. Unlicensed possession falls under Graves Act, requiring parole-ineligibility period completion before individuals qualify for parole.
Mandatory minimum sentences require defendants servers serve at least forty-two months imprisonment before parole eligibility if convicted of this illegal action.
If a firearm discharging BBs or pellets falls under unlicensed possession without adhering to regulation mentioned earlier now falls under third-degree crime conviction attracts prison time and $15,000 fine penalties. Now when such firearms are used unlawfully during robbery commissioning or committing heinous actions like violent assault attracts Graves Acts automatic application; thus compounding legal repercussions.
Hire Experienced Attorneys from Law Offices of Todd Spodek to Protect your Legal Rights Regarding Illegal Handgun Possession
Whether the charges are severe or minor, you always need an experienced attorney to present the defense possible. At the Law Offices of Todd Spodek, we are dedicated and proud of our extensive knowledge and vast experience in illegal handgun charges defense.
We understand its legal implications and offer time-tested, aggressive defense strategies to protect your rights while working hard for a favorable outcome. Dont hesitate; contact us today at 877-322-2865 to schedule your free initial consultation. We provide professional expertise in safeguarding your freedom and representing you in court regarding illegal handgun possession prosecutions.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS