Pemberton NJ Weapon Possession Defense Lawyer
Weapons charges in New Jersey are numerous and wide-ranging in their application. Among these is possession of a weapon for an unlawful purpose, which can be a second degree, third degree, or fourth degree crime depending on the specific weapon associated with the alleged offense. For instance, possession of a firearm for an unlawful purpose is a second degree crime, which exposes the defendant to a prison term of up to 10 years. In addition, these offenses are subject to the stringent sentencing guidelines of New Jersey’s Graves Act, which requires a mandatory period during which the person in ineligible for parole. Often, people are charged with possession of a weapon for an unlawful purpose in conjunction with another offense, such as robbery, aggravated assault, or an act of domestic violence. Further, if the person was not legally permitted to possess the weapon, he or she can also be charged with unlawful possession of a weapon, which may result in additional penalties upon conviction.
If you have been charged with possession of a weapon for an unlawful purpose in Mount Holly, Pemberton, Willingboro, Gloucester, or elsewhere in Burlington County or South Jersey, the time to begin building your best defense is now. Leonard Biddison is a seasoned criminal defense attorney with over 20 years’ experience fighting for clients who face weapons charges in Southern New Jersey and Pennsylvania. His stellar reputation and superior results have earned him inclusion among the Top 100 Criminal Trial Lawyers in America, according to the National Trial Lawyers Association. When Mr. Biddison takes your case, you have a zealous defender who will work tirelessly to protect your innocence. Contact his offices for immediate assistance at 856-245-5240. Consultations are always provided free of charge.
Burlington County Possession of a Weapon for an Unlawful Purpose Charges
Possession of a weapon for an unlawful purpose is a criminal offense outline in section N.J.S.A. 2C:39-4 of the New Jersey Criminal Code. As is evidenced below, the degree of these charges is determined by the specific weapon involved in the alleged crime. With respect to a variety of weapons, the statute mandates the following:
Firearms: Possession any firearm, with the purpose to use it unlawfully against another person or property, is a second degree crime. Penalties include a New Jersey State Prison sentence ranging from 5 to 10 years. This offense is also governed by New Jersey’s Graves Act, which requires the imposition of a mandatory minimum period of parole ineligibility fixed at, or between, one-third and one-half of a sentence imposed, or 3 years, whichever is greater.
- Community Guns: Notably, there is a distinction made regarding community guns, which are firearms that are transferred among two or more people who engage in criminal activity or use it unlawfully against another person or property. According to this law, possessing, receiving, or transferring a community gun is a second degree crime, with a maximum prison term of 10 years. This offense is also subject to the mandatory minimum sentencing guidelines of the Graves Act.
Explosives: Possessing or carrying an explosive substance with the purpose to use it unlawfully against another person or property is a second degree crime, punishable by an NJ State Prison term of 5 to 10 years.
Destructive devices: Possession of a destructive device with the purpose to use it unlawfully against another person or property is a second degree crime, which may result in a prison sentence ranging from 5 to 10 years.
Other weapons: Possession of any weapon, other than those which are expressly discussed in this section, with the purpose to use it unlawfully against another person or property is a third degree crime. Penalties include a New Jersey State Prison sentence ranging from 3 to 5 years.
Imitation firearms: Possession of an imitation firearm, under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose, is a fourth degree crime. Fourth degree crimes are punishable by a maximum NJ State Prison sentence of 18 months.
Contact Mount Holly NJ Possession of a Weapon for Unlawful Purpose Attorney
Whether you are charged with unlawful possession of a firearm, explosive, destructive device, or another weapon for an unlawful purpose, the consequences of a conviction can be devastating. It is crucial to have a knowledgeable weapons defense attorney who can exploit the weaknesses in the prosecution’s case and position you for the best possible result. To discuss your current situation and find the answers you need, contact the Law Offices of Leonard Biddison at 856-245-5240 for a free consultation.