Being charged with a weapons and/or firearms crime in New Jersey is quite serious. New Jersey has some of the toughest gun crime laws in the United States. It is not unusual to face the possibility of real jail time because of NJ’s restrictive laws associated with carrying a firearm and needing a valid permit. When you or a loved one is facing criminal charges for a weapons-related infraction, it is critically important that you contact an aggressive and experienced criminal defense lawyer in Hackensack immediately to fight for you. Skilled criminal defense attorney Adam M. Lustberg stands ready to help. He will fight your charges and, if appropriate, get you approved for Pre-Trial Intervention (PTI) so you can avoid serving any jail time. Contact the Lustberg Law Offices today to schedule a free consultation for your weapons charge today.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
If you are facing gun charges in New Jersey, it’s important that you realize that your freedom may be on the line. The sentences for violent crimes and gun-related charges include prison time. Adam M. Lustberg understands how the state builds its cases and what can be done to get weapons charges reduced while minimizing the potential consequences. The seriousness of these charges means you need an experienced attorney who can help you minimize the consequences whether you have been arrested for a single gun charge or if the weapons charges are in addition to drug crimes or other crimes. Be aware, as well, that New Jersey gun laws apply to everyone and anyone, not just New Jersey residents. Ignorance of New Jersey’s strict gun laws won’t be an excuse in court.
If you are looking for a gun offenses attorney in Jersey City we may be able to help.
The severity of penalties associated with weapons possession is based on the level of crime. For example, a third-degree weapons offense often involves possession of a sawed-off shotgun or explosive device. Under N.J.S.A. 2C:43-1, weapons offenses are divided into four categories:
1st degree firearm crime penalties: Ten to twenty years in prison is the potential jail time. There is a period of parole ineligibility if convicted of a first-degree crime in the state of New Jersey. Some crimes which involve weapons which are first degree offenses would be armed robbery or kidnapping.
2nd degree firearm crime penalties: Five to ten years in prison. Most gun offenses in New Jersey are second-degree crimes and the typical plea offers are five years in prison, three years served without parole. Illegal handgun/shotgun/assault rifle possession, possession of a weapon for an unlawful purpose are all second-degree offenses.
3rd degree firearm crime penalties: Three to five years in prison, however, a first-time offender will have a presumption of no jail time. Most third-degree offenses are BB Gun, airsoft gun, pellet gun style offenses or involve other weapons besides guns such as knives, brass knuckles, baseball bats, etc.
4th degree firearm crime penalties: Up to 18 months in prison, but first-time offenders have a presumption of no jail time. Most if not all gun offenses cannot fall in this category, it is also reserved for “other weapons” offenses such as illegal ammunition, knives, etc.
Experienced and skilled firearm defense attorney Adam M. Lustberg stands ready to defend clients who are facing any and all weapons-related criminal charges, including:
Unlawfully Possessing a Weapon – It is against the law in NJ to carry certain types of weapons, such as handguns, without a valid carry permit. Anyone caught illegally possessing a firearm could face severe penalties that even include mandatory prison time.
Prohibited Firearms – There are specific types of weapons considered extremely dangerous and NJ does not allow anyone to be in possession of them. You cannot obtain a permit for these weapons and if you are found with any of the following weapons, you will be looking at serious consequences. Possession of any of the prohibited weapons listed below is considered a fourth-degree crime that is punishable by up to 18 months in prison:
Possessing Firearms for Unlawful Purposes: You are not allowed to possess a weapon with the intention of committing a crime. For example, if you are found to be in possession of firearms or explosives with the intent to use them unlawfully is a second-degree crime in NJ.
Not Having a Valid Permit: It is against the law in NJ to be in possession of any weapon without the proper permit or license. Even if you crossed into NJ from another state with a handgun legally licensed in another state, you can be charged with third or fourth-degree weapons charges in NJ. Possession of any of the following weapons without proper permits can result in charges:
Individuals Who Are Not Allowed to Carry a Firearm: There are some individuals who are not legally allowed to possess any weapons in the Garden State. This includes anyone who has been committed to a mental treatment facility or who were convicted of any crime other than a disorderly persons offense.
Weapons Used During the Commission of Another Crime: Anyone found with a gun while committing another crime (e.g., robbing a bank), trying to commit a crime or even just conspiring to commit a crime, could face second-degree weapons charges. If you are found with any weapon other than a gun, prosecutors are required to prove you had the intent of using the weapon in the commission of the crime.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Mr. Lustberg will make sure you understand your legal options and all of your questions are answered. He will work closely with his team of investigators to determine the validity of the charges, reviewing evidence in an effort to find holes in the prosecution’s case. He will work tirelessly to keep you out of jail and, when possible, negotiate a favorable PTI so you can avoid prison time entirely.
Contact The Lustberg Law Offices for a free, confidential consultation into your weapons charges in Hackensack, NJ.