Weapon & Gun Charges in Middlesex County - the Law - Penalties - Defenses - Why Hire Us As Your Criminal Defense Attorney

Types of Weapon Charges

In New Jersey, you can be charged with a crime if you possess a weapon illegally and your conduct goes no further. The situation can get more complicated with even harsher penalties where the firearm or weapon is being used or intended to be used to commit another crime. Irrespective of where your charges fall within this description, the criminal defense lawyers at our law firm possess the know-how to represent you. We help clients charged with a range of weapons offenses, including

At Marshall Criminal Defense, our team is dedicated to protecting the rights of the accused. We will thoroughly investigate the facts and circumstances of your case and build the strongest possible defense. Depending on the circumstances of your case, a criminal defense lawyer at our firm may be able to seek dismissal of the charges or challenge evidence in the case on the basis that police violated your Constitutional rights. You should also know that while our attorneys will consider motion practice (e.g. illegal search or seizure, violation of your Miranda Rights, etc.) and plea bargaining, we will not hesitate to take your case to trial if that is in your best interests. This isn’t something that exists with every firm advertising on the internet but you can trust this to be the case with us given our history of taking cases to trial in Middlesex County. Whether you need representation for a non-firearm weapon case or one of our Middlesex County gun lawyers to defend you, we have the experience to get the result you need. Contact our firm to speak to Jason Seidman, the former Director of the Middlesex County Guns Task Force, or another highly talented attorney at our law office.

Weapon Offense Penalties

There are numerous penalties and collateral consequences that can apply at sentencing for a handgun, knife, or other weapon charge.  The range of the sentences will typically fall within that prescribed for a second degree, third degree or fourth degree crime under New Jersey criminal law, although there are additional sentencing consequences where a gun charge is involved. The standard penalties for offenses are:

• Second-Degree Offense: 5-10 years in prison and a fine of up to $150,000
• Third-Degree Offense: 3-5 years in prison and a fine of up to $15,000
• Fourth-Degree Offense: up to 18 months in prison and a fine of up to $10,000

In many cases, a weapons charge is a secondary offense added to another criminal charge, such as an assault, robbery, or another crime of violence. The presence of a firearm or other weapon during the commission of a crime may create a new, more serious charge, such as assault being elevated to aggravated assault because a deadly weapon was allegedly used to threaten or harm someone.

You should also know that many gun offenses, including unlawful possession of a handgun, fall under the Graves Act – which makes prison mandatory. The Graves Act is just one example of how the penalties for weapons offenses can be severe and life-altering, especially when they involve a gun charge.

If you or a loved one is facing weapons charges, including any type of gun crime, it’s important to consult with an experienced criminal defense attorney who can help you navigate the complex legal landscape and fight for the best possible outcome.

Graves Act

The Graves Act imposes a mandatory minimum term of incarceration during which an individual is ineligible for parole if they are convicted of certain firearm offenses. The handgun and long gun charges falling under this sentencing mandate were originally limited to situations where firearms were being used for illegal activities, for example, to commit a robbery, an aggravated assault or similar crime of violence. However, the law has been amended to include unlawful possession of a handgun, machine gun, rifle, or shotgun. What this means is that an individual is automatically exposed to a mandatory term of imprisonment if they do nothing more than possess a handgun without a carry permit or violate some other firearm possession limitation of the criminal code. This certainly involves a significant restriction to your Second Amendment rights.

There are also additions to this law related to possession of weapons by persons who were already convicted of offenses, commonly referred to as a “certain persons” offense, as well as possession of a firearm while engaging in controlled dangerous substance (CDS) activities like distribution of drugs.

In short, the significance of the Graves Act lies in its broad application – as it covers charges from unlawful possession to certain persons offenses. Consequently, many gun offenses can trigger the mandatory minimum sentence requirements of the Graves Act including, but not limited to, a 5 year prison sentence with 42 months of parole ineligibility for unlawful possession of a handgun. Hiring the right criminal lawyer is extremely important given the significance of the Graves Act.

Our Weapons & Gun Offense Lawyers in Middlesex County Have What it Takes to Win Your Case

Regardless of the circumstances of your arrest, you are entitled to the presumption of innocence until proven guilty in a court of law. This means that, until a court determines your guilt beyond a reasonable doubt, you are presumed innocent of any wrongdoing. This is a fundamental principle of our criminal justice system, ensuring that everyone accused of a crime has a fair chance to defend themselves.

You also have a Constitutional right to a robust legal defense, which may work to raise doubts about the charges against you and ultimately resolve your case in a manner favorable to you.

If you have been arrested or indicted on weapons charges, it is important to consult with an experienced attorney who can mount a successful defense.

The legal team at Marshall Criminal Defense will develop a defense that refutes and raises doubt about the prosecution’s case against you. Often, the prosecutors know only the police account of what happened. All sides need to be heard. Our attorneys will work to make sure all the facts are known, and your account of what occurred receives a fair hearing.Contact our office as soon as you are able so that we can:

• Work to secure your release for the lowest bail available or on your own recognizance,
• Begin our investigation into the weapons charges against you, including obtaining statements from you and other witnesses and reviewing police reports and other evidence connected to the case. We will argue that disputable evidence should be excluded from further proceedings.
• Identify holes in the prosecution’s case such as illegal search and seizure, illegal arrest, failure to inform of Miranda rights, improper suspect lineup, unavailable witnesses, false or impeachable witness testimony, issues with chain of custody, inability to prove control of the weapon, bias, or other prosecutorial or police misconduct.

The circumstances surrounding weapons cases are often complex, and it is not unusual to find that police did not have all of the facts at the time of an arrest. In some cases, we may be able to negotiate a reduction or dismissal of your charges.

Prosecutors will often make a deal to avoid a trial if the defendant is facing a first charge, no one was harmed, and no significant property damage occurred. Our attorneys are respected and are able to negotiate deals for our clients because they have built working professional relationships with prosecutors in Middlesex County over decades of legal practice.

If your case must go to trial, our legal team will use the evidence gathered in our investigation and our extensive litigation experience to give you a strong defense that mitigates the impact of any evidence against you.

While every case is unique, our firm has a solid track record of obtaining not-guilty verdicts. We have a deep understanding of how crimes involving weapons are prosecuted in Middlesex County and throughout New Jersey. Our team includes former prosecutors who know what the other side is planning. We use this knowledge to develop creative and effective strategies that have helped our clients achieve positive outcomes in court.

Our experienced lawyers are committed to protecting your rights and defending you against weapons charges. To schedule a free initial consultation, call us today at 732-246-7126 or contact us online. We are available night and day.

Frequently Asked Questions