Courts We Serve
- 15 April, 2018
- 3 April, 2018
- 29 March, 2018
Piscataway NJ Weapon Possession Defense Lawyer
If you have been charged with possession of a weapon for unlawful purposes in Piscataway, New Brunswick or anywhere else in Middlesex County, the offense you will be facing at the Superior Court in New Brunswick is a second degree crime or third degree crime. This means that you can be sentenced to as much as 10 years in prison if the weapon involves a firearm. This is where the lawyers at The Law Offices of Jonathan F. Marshall can serve you so well. We are the largest criminal firm in the region with over 100 years of combined experience representing clients arrested on weapons charges in New Brunswick, Woodbridge, Piscataway, Sayreville and other municipalities. Jason Seidman, Esq., an attorney on staff, even served as the supervisor of the gangs, guns and drugs task force of the Middlesex County Prosecutor’s Office. Our firm certainly has considerable familiarity with the court system and what it takes to effectively defend charges for possession of a weapon for an unlawful purpose. For a free consultation with a lawyer immediately, contact our Piscataway Office at 732-562-0308.
Middlesex County Possession of a Weapon for an Unlawful Purpose Offense
The statute which creates the offense of possession of a weapon for an unlawful purpose is N.J.S.A. 2C:39-4. This law provides that:
§ 2C:39-4. Possession of weapons for unlawful purposes
(1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.
Understanding the Possession of a Weapon for Unlawful Purposes. In order to full understand how 2C:39-4, we need to explain the term “unlawful purpose”. This term contemplates that the actor possess the weapon with an intention or purpose to use it illegally against another person or property. The classic scenario is possession to commit an aggravated assault, robbery or other criminal offense. Irrespective, this state of mind is a key ingredient of an unlawful purpose charge since mere possession of a weapon does not result in a violation of this law. The four more specific elements of proof necessary to convict you of this violation are: (1) the item in question was a firearm or other weapon; (2) it was possessed by the accused; (3) for the purpose of using it against another person or property of another; and (4) the intended use is unlawful. When the weapon possessed is a firearm, N.J.S.A. 2C:39-4 is a second degree crime that results in 5-10 years in prison and a fine of up to $150,000. The mandatory minimum sentencing requirements of the Graves Act, including periods of parole ineligibility, also apply when a gun is involved in this offense. Possession of an imitation firearm for an unlawful purpose is a fourth degree crime punishable by up to 18 months in prison and a $10,000. A conviction for possessing any other type of weapon for an unlawful purpose is a third degree crime that carries a maximum fine of $15,000 and up to 5 years in state prison.
New Brunswick Possession of a Weapon for Unlawful Purpose Attorneys
One area of criminal defense that unquestionably requires a skilled lawyer is weapon offenses. The primary reason is because NJ Law imposes exceptionally stiff penalties for those convicted of this type of offense. You should therefore take advantage of the opportunity to speak to our attorneys in a free consultation. We have represented many clients charged with possessing a weapon for an unlawful purpose and are ready to help you. To speak to an attorney about the violation you are facing in New Brunswick, contact us anytime time of day or night at 732-246-7126.
Related Weapon Resource Pages