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Lustberg Law

Castle Doctrine vs Stand Your Ground in New Jersey

New Jersey follows the Castle Doctrine concept for home defense, not a Stand Your Ground law. Under N.J.S.A. 2C:3-4, the duty to retreat applies to deadly force in public. But the statute also says you are not obliged to retreat from your dwelling (unless you were the initial aggressor). Separate

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Gun Crimes

What is NJ 2C:39-3 Prohibited Weapons and Devices?

Under New Jersey law, N.J.S.A. 2C:39-3 makes it illegal to knowingly possess certain weapons and devices. These prohibited items include destructive devices, sawed-off shotguns, silencers, defaced firearms, certain knives, hollow-point ammunition, and large capacity magazines. But the law has important exceptions for law enforcement, military personnel, and specific collectors with

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Lustberg Law

What to Expect When You’re Charged with Homicide in NJ

Homicide is an umbrella term under New Jersey law. Criminal homicide is defined in N.J.S.A. 2C:11-2, and the major homicide offenses are set out as murder, aggravated manslaughter, and death by auto or vessel or reckless vehicular homicide. Penalties vary by offense and can be a broader range. The charge

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Lustberg Law

What Is NJ 2C:39-14 – Unlawful Training in the Use of a Firearm?

N.J.S.A. 2C:39-14 makes it a second-degree crime to teach or demonstrate the use or making of certain weapons, or to assemble to train with them, when the person knows, has reason to know, or intends that the training will be used in furtherance of illegal activity. The statute covers both

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Drug Crimes

Possession of Drug Paraphernalia in New Jersey

Possession of drug paraphernalia is a disorderly persons offense under N.J.S.A. 2C:36-2. Convictions can carry up to 6 months in jail and fines up to $1,000. In addition, under N.J.S.A. 2C:35-16, a court must impose a driver’s license forfeiture of not less than six months and not more than two

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Weapons Offenses

How to Beat a Gun Charge in NJ?

Defending against a gun charge in New Jersey requires challenging how law enforcement obtained evidence and understanding available legal strategies. Common defenses include proving illegal search and seizure, demonstrating lack of knowledge or intent, qualifying for statutory exemptions, or negotiating for reduced charges. New Jersey has some of the strictest

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Drug distribution lawyer hackensack nj
Drug Crimes

When Does a Drug Offense Become a Felony in New Jersey?

New Jersey uses the term “indictable crime” rather than felony to describe serious drug offenses. A drug charge becomes an indictable crime when it involves large quantities, certain drug types, or intent to distribute. However, understanding where this line falls requires looking at the specific substance, the amount involved, and

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Shoplifting Charges in Hackensack NJ
Theft Crimes

What Are the Shoplifting Laws in New Jersey?

New Jersey shoplifting laws classify offenses based on the value of stolen merchandise and impose penalties ranging from six months in jail for items under $200 to ten years in prison for theft exceeding $75,000. The laws also broadly define shoplifting to include concealing merchandise, altering price tags, removing security

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Weapons Offenses

Who is Prohibited from Buying a Weapon in New Jersey?

New Jersey law disqualifies applicants for multiple reasons, including (among others): being under 18 (Firearms Purchaser Identification Card/FPIC) or under 21 (Permit to Purchase a Handgun); having been convicted of any crime or a disorderly persons offense involving domestic violence; being subject to certain domestic violence restraining orders that prohibit

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