New Jersey
Gun Crime
Lawyer
New Jersey Gun Crime Attorney
New Jersey has very harsh penalties for gun crimes, with mandatory minimum sentences and no probation for many gun offenses. Facing these very serious charges can be stressful, and the consequences of a conviction can affect the rest of your life. It’s important to work with a New Jersey gun crime lawyer quickly after an arrest or charge. This can help you limit the consequences of a conviction or avoid one altogether.
At the Law Offices of Robert Tsigler, PLLC, we have significant experience defending against criminal charges in New Jersey. Our firm has a deep understanding of the state’s laws on firearms and other weapons. We can walk you through your options for criminal defense and determine which is most applicable to your unique situation. If you or a loved one has been charged or arrested for a firearm offense, let us help.
Our attorneys understand how difficult it is to face these charges. That is why we want to support you and provide you with the resources and legal knowledge you need to secure the ideal resolution. You may be facing a weapons possession charge with a permit, an assault or robbery with a firearm, or another gun crime offense. Our team can provide you with legal representation that is tailored to your unique needs.
Gun Charges in New Jersey
There are many firearm charges in New Jersey, with the most common being the possession of a firearm without a permit or the use of a firearm for purposes that it was not intended for. The severity of gun offense penalties relies on many factors, such as the type of firearm, the use of a firearm in another offense, and other factors.
It is a second-degree offense to possess a firearm while committing, attempting to commit, or conspiring to commit any of the following:
- Leading a narcotics trafficking network
- Maintaining or operating a facility for the production of controlled dangerous substances
- Manufacturing, distributing, or dispensing a controlled substance
- Employing a minor in a drug distribution scheme
- Distributing, possessing, or manufacturing imitation controlled substances
- Committing bias intimidation
It is also a second-degree offense to knowingly possess a machine gun, handgun, or assault firearm without a license. If the handgun is an air gun or a spring gun, or it has a similar firing mechanism that can eject a missile with enough force to injure someone, it is a third-degree offense.
It is also a third-degree offense to knowingly possess a rifle or shotgun without having an identification card. The same level of charge will be applied if you knowingly possess a loaded rifle or shotgun unless it is otherwise permitted.
Other firearm offenses include possession of a firearm on school or university grounds or after a conviction for other offenses.
New Jersey Offense Penalties
The basic penalties for different degrees of New Jersey criminal offenses include:
- Fourth-Degree Offense: This results in up to 18 months of imprisonment and up to $10,000 in fines or restitution.
- Third-Degree Offense: A third-degree offense results in three to five years of imprisonment and up to $15,000 in fines or restitution.
- Second-Degree Offense: A conviction results in five to 10 years of imprisonment and up to $150,000 in fines or restitution.
- First-Degree Offense: Penalties include 10 to 20 years of imprisonment and up to $200,000 in fines or restitution.
A conviction for a criminal offense also results in a criminal record, which can have collateral consequences for the rest of an individual’s life. Additionally, New Jersey has harsh mandatory sentencing for firearm offenses. It is important to secure the support of a skilled attorney to have the greatest chance of avoiding the most significant penalties.
The Graves Act in New Jersey
The Graves Act is one law that applies to many gun offenses, and it requires a mandatory minimum prison sentence if convicted. During this minimum sentence, the individual is not eligible for parole. This mandatory minimum sentence is either 42 months or between one-third to one-half of the prison sentence, whichever is higher. If the crime is in the fourth degree, the 42-month minimum is reduced to 18 months.
This act makes the conviction of a gun offense even more severe, as there is little room for leniency. The Graves Act may apply to many gun offenses, including:
- Possession of firearms for unlawful purposes
- Unlawful possession of a machine gun, handgun, rifle, or shotgun
- Possession of a firearm during an instance of drug distribution or possession with intent to distribute
- Defacement of a firearm
- Possession of a defaced firearm
The court is required to assign the mandatory minimum sentence if you are convicted. These penalties can have a serious effect on the rest of your life. An attorney can help you build your defense and determine your other options, such as a plea deal.
How Can an Attorney Help With Gun Crime Charges?
You have the constitutional right to legal counsel if you are arrested or charged with a criminal offense. It is important to secure that protection. A skilled gun crimes attorney can help you protect your rights and guide you through each step of a criminal case if charges are pressed against you. Even if you have done nothing wrong, an attorney is essential to avoid a conviction and the other significant penalties of a gun offense. There are several ways that an attorney can assist you, including:
- Helping you understand the likely outcome of your case and the options available to you
- Listening to your side of the story
- Ensuring that you understand your rights
- Helping you make informed decisions about your situation
- Investigating the charges against you, your arrest, and whether your rights were respected
- Securing witness or professional testimony when needed
- Ensuring that your side of the story is properly advocated for in court
- Determining the right defense in your situation to refute or mitigate the charges you face
- Determining if a plea deal is the right option before proceeding to trial
- Representing you during your trial
Working with an attorney can make this very stressful and complex process much easier to manage. The criminal justice system can be very overwhelming, and securing experienced legal counsel provides you with the greatest chance to secure the ideal outcome.
New Jersey Gun Lawyer FAQs
Q: Can You Beat a Gun Charge in New Jersey?
A: You can beat a gun charge in New Jersey with an effective, relevant, and clear defense. The defense and its effectiveness will vary based on the unique charges, circumstances of the arrest, and aggravating factors present. Often, gun crime defenses rely on constitutional violations during search, seizure, or arrest. If there was no probable cause for an officer to search a car when they found the firearm, and you did not give proper consent to the search, this is a violation of your rights.
Q: How Much Time Do You Get for a Gun Charge as a First-Time Offender in New Jersey?
A: As a first-time offender for a gun charge in New Jersey, you could get between three and 10 years in prison. For unlawful possession of a firearm, the charges are most commonly either in the third degree or the second degree, depending on the type of firearm. A third-degree charge results in between three and five years in prison and fines or restitution of up to $15,000. A second-degree charge results in five to 10 years in prison and fines or restitution of up to $150,000.
Under the Graves Act, there is a mandatory sentence of 42 months or half the sentence length, where the individual is not eligible for parole.
Q: Can You Get PTI for a Gun Charge in New Jersey?
A: You can get PTI (pretrial intervention) for a gun charge in New Jersey, but only in very specific and rare circumstances. Because gun charges have mandatory minimum sentences under the Graves Act, the prosecutor’s consent is required to apply for PTI for gun charges. PTI allows individuals to have a period of court-supervised probation and avoid prosecution and conviction for gun crimes. It’s important to discuss the possibility of PTI with an attorney to determine if you meet the qualifications.
Q: What Happens If You Get Caught With a Gun in New Jersey?
A: If you are caught with a gun in New Jersey, and you do not have a permit for the gun, you could face a second- or third-degree charge. If you have a permit for the firearm but are in a location where the firearm is not allowed, such as a school, you could face a third- or fourth-degree charge. When you use the firearm in the commission of a crime, you could face an additional second-degree charge.
Gun Crime Defense Attorneys in New Jersey
It’s important not to underestimate how much gun charges can affect your life. If you have been arrested or charged with a gun offense, you need to find the right legal counsel quickly. At the Law Offices of Robert Tsigler, PLLC, we have years of experience in criminal defense law. We can provide you with our legal resources and knowledge as we work to defend your rights.
The prosecution must prove you guilty beyond a reasonable doubt, and we want to build a defense that prevents this. Contact our firm if you are facing gun offense charges in New Jersey.
Call today to schedule a consultation to discuss the options for defending your gun crimes charge. Reach our team at 718-878-3781.
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The Gun Crimes Law firm of Robert Tsigler, PLLC is Ready to Fight for You!
Getting representation as soon as possible following any Gun Crimes-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced New Jersey Gun Crimes lawyer can successfully defend your case.
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