New Jersey has some of the strictest and most complicated gun laws in the country. You can be charged with a crime simply for possessing a firearm even if you weren’t doing anything wrong. In addition, a firearms charge can carry serious consequences – years in prison, and possibly thousands of dollars in fines.
If you’ve been charged with a firearms violation, New Jersey criminal defense attorney Lauren Wimmer can help you understand the charges and your options. She gives her clients an aggressive, passionate defense to ensure that they get a fair result. Call us today at 215-712-1212 or contact us online to schedule a free consultation to discuss your charges.
As mentioned above, the New Jersey firearms laws are incredibly complex, and you can be charged with a crime even if you didn’t realize you were doing anything wrong. New Jersey law provides for five categories of charges you could face for owning or possessing a firearm.
As you can see, it is very easy to find yourself facing criminal charges related to the ownership or possession of a firearm in New Jersey. Firearms offenses are aggressively prosecuted, and you should consult with an experienced New Jersey criminal defense attorney if you have been charged.
If convicted, the consequences you face will vary according to the crime you have been charged with and the facts surrounding your case. In addition, the Graves Act imposes minimum prison sentences and will render you ineligible for parole. If you have been charged with a Graves Act violation, you are facing a mandatory minimum prison sentence of three years.
There are four degrees of firearms offenses in New Jersey:
In addition to prison time, the court could also impose heavy fines – a second-degree firearms violation, for example, could carry fines of up to $150,000.
As mentioned above, New Jersey’s weapons laws are extraordinarily strict and carry harsh penalties. As a result, it’s critical to have an experienced attorney on your side that knows how to defend against a firearms charge.
In order to be convicted, the prosecution must prove that you owned the gun or the gun was in your possession. As a result, one of the most basic defenses is to challenge the prosecution’s evidence regarding possession. This may not be an option if they have documented records that you own the guy, but in many cases, possession is not always clear. If you can demonstrate that the prosecution cannot prove that you owned or possessed the gun in question, then the charges should be dropped, or you should be acquitted.
Another possible defense is to move to suppress the prosecution’s evidence because it was obtained illegally. This is common in cases where you were charged with a firearms offense as the result of a warrantless arrest or search. If you can prove that law enforcement did not have a legal basis to arrest or search you, then you can argue that any evidence obtained as a result of the arrest or search should not be admissible. If you are successful in arguing this defense, the prosecution may have to drop the charges against you.
A conviction for a firearms violation can result in serious jail time, heavy fines, and jeopardize your future. If charged, you can be certain that you will be prosecuted aggressively. However, you don’t have to face these charges alone – criminal defense attorney Lauren Wimmer can level the playing field and help you fight back. If you’re facing gun charges, contact Wimmer Criminal Defense Law today by calling 215-712-1212 or by filling out our online contact form to schedule a free consultation.