What Are Possible Defenses for a Weapons Charge in New Jersey?

  • Criminal Defense

The U.S. laws offer rights to possess firearms for hunting and self-defense. But New Jersey has strict laws which dictate where and how to use these weapons. When facing a weapon charge in New Jersey, you face a serious offense with penalties that can greatly impact your life.

When facing weapons charges, it’s vital to hire an experienced New Jersey criminal defense lawyer who has experience defending clients accused of weapons offenses. Your lawyer should be able to explain the laws surrounding weapons possession and advise you on the next steps.

Once you speak to a defense attorney in New Jersey, you will learn several defense strategies for such offenses. So, take action today and defend yourself against these charges.

What Do I Need to Know Before Facing a Weapons Charge in NJ?

If you’re facing a weapons charge in New Jersey, you need to understand a few things. You will then know what to do and where to start.

Your Right to Carry a Gun Can Be Taken Away Without Going to Court

Don’t get surprised if you lose your right to carry a firearm if you have been charged with a gun possession crime in New Jersey. The police in NJ can use the “red flag” law to obtain approval from a judge to confiscate your firearm if evidence shows you pose a risk to yourself and others by carrying it.

You can lose the right to possess the firearm if you’re drug dependent or have a mental disorder. Persons with protective orders issued in domestic violence cases can also lose this right. If you already have a permit to carry a gun, but you’re being charged with illegal firearm possession, you need to find out why. Talk to a New Jersey weapons possession lawyer for legal help.

Weapons Charges Carry Very Harsh Consequences

Many weapons charges are categorized as indictable offenses. Indictable offenses are crimes regarded to be very serious and are reviewed by a grand jury and carry substantive penalties.

If convicted of a weapons charge in New Jersey, you may end up with a lengthy prison sentence, hefty fines, and other legal consequences affecting your child custody rights and ability to get a job.

What Are the Penalties for Weapons Charges in New Jersey?

Weapons charges convicts in New Jersey get the harshest penalties in the United States. The seriousness of a charge depends on various factors but becomes significantly serious if dangerous weapons like firearms are involved.

Fourth Degree Weapons Offense

This carries up to 18 months in prison and fines of up to $10,000. These penalties may be issued against persons who knowingly and illegally possessed a weapon like a:

  • Sand club
  • Stiletto knife
  • Metal knuckles
  • Stun gun

Third Degree Weapons Offense

This carries between three and five years in prison and a fine of up to $15,000. This may include possessing a weapon (excluding firearms) for an unlawful purpose.

Second Degree Weapons Offense

It carries between 5 to 10 years in prison and fines of up $150,000. Offenses like carrying a handgun without a permit or unlawful possession of a machine gun without a license also fall in this category.

Considering how harsh these penalties are, you don’t want to risk it by failing to get skilled representation and legal advice. Engage an experienced New Jersey weapons possession lawyer for smart defensive strategies.

What Are the Common Defenses Against Weapons Charge in New Jersey?

The severity of a weapons charge in New Jersey necessitates a properly crafted defense strategy. However, the defense approach will depend on the circumstances of your case, as each case is unique. Get a team of skilled New Jersey weapons possession attorneys who can build the strongest defense for you.

  • Illegal search and seizure

If the weapon was discovered in a car and the authorities didn’t have a search warrant, the charges may be dismissed as it would have violated your Fourth Amendment right.

  • Exceptions in possession of firearms.

You don’t need a permit to have a firearm in your home. This is a rather complex defense that you can learn more from a gun possession lawyer in New Jersey.

  • Inadequate, improper, absent Miranda warning
  • Mistaken identity
  • Planted weapon

Your New Jersey weapons charge attorney can also use these defenses:

  • Is the device in question categorized as a weapon?
  • Challenge motor vehicle stops that resulted in the discovery of the weapon
  • Skewed questioning by the police or investigators
  • Produce an alibi

Remember, the prosecution must prove that you actually violated the law beyond a reasonable doubt. Your criminal defense attorney in Toms River will always be looking for loopholes in the evidence, reports, dashcam footage, and witness statements to find weaknesses in your case and use them to your advantage.

Do I Need a Weapon Possession Attorney?

It is vital to have a knowledgeable and skilled attorney to defend you. Whether you’ve been charged with illegal possession of a machine gun or illegal possession of a knife, you need a lawyer by your side.

A criminal defense lawyer helps you understand the process of legally obtaining permits and guides you through the criminal justice system in New Jersey. An attorney will also fight for you to ensure you get the best possible outcomes.

Experienced Legal Counsel Against Criminal Charges in New Jersey

You need to work closely with an attorney if you’re charged with a weapons crime in New Jersey. These are among the most complex charges that shouldn’t be taken lightly. A proper defense strategy will ensure you have a greater chance of success.

Don’t allow these criminal offenses to ruin your life. You’re innocent until proven guilty. Put up a fight against the prosecution by engaging a criminal defense attorney in NJ today. Schedule a confidential consultation with our legal team today.

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