What is the Graves Act?

Generally, the Graves Act states that persons convicted for unlawful possession of firearms must serve 42 months of imprisonment before being eligible for parole.

What is a Graves Act Waiver?

The Graves Act Waiver is essentially a sentencing substitute that can reduce your sentence. It allows for less time in jail, probation, or even Pretrial Intervention.

Can I get a Graves Act waiver if I have no criminal history?

Possibly. The minimum time you are eligible for parole is reduced by a standard Graves Act waiver. It reduces your case's parole eligibility from 42 months to one year. It may be possible to get a sentence of probation that avoids jail time if you have strong mitigation factors in your case.

Am I eligible for the pretrial intervention program if I’ve been charged with a Graves Act offense?

It is very rare to be admitted into PTI for a Graves Act charge. The nature of the charge makes you ineligible to PTI. The defense must present compelling reasons as to why someone charged with a Graves Act offense should be eligible for PTI. This is unlikely, but it is possible.

Can you have an unregistered gun in your home in New Jersey?

Although certain weapons are banned in New Jersey, the law permits the possession of most firearms provided that the license or permit is obtained. In most but not all circumstances, unlicensed or unpermitted possession is considered illegal possession under Section 2C:39-5.

Can you get probation for a gun charge in NJ?

Possession of a handgun in New Jersey is a second-degree offense. The individual could spend between five to ten years in New Jersey state prison after being convicted. The conviction of a second-degree crime means that the person is likely to be sent to state prison and not to receive probation.

Why should I hire Lustberg Law Offices?

A criminal conviction can have devastating consequences. Not only can criminal charges affect your life, but also those of your family, friends, and partners. Adam M. Lustberg, an NJ criminal defense attorney at Lustberg Law Offices, LLC, understands the impact a criminal conviction can have on your relationships, career prospects, and earning potential. We are here to help. Mr. Lustberg, a New Jersey criminal lawyer of top quality, is known for aggressively representing his clients in courtrooms and has a track record of winning.

How much do I pay for a consultation?

Lustberg Law Offices, LLC offers a free consultation. If you have been served with criminal charges, getting the help of a skilled New Jersey criminal defense attorney is very important. We can help you navigate the complexities of the justice system.

Where is your office located?

Our New Jersey law office is located at One University Plaza Dr Suite 210, Hackensack, NJ 07601. If you'd like to visit us, feel free to do so. We are open 24 hours a day, 7 days a week.

How can I contact Lustberg Law Offices?

If you need the help of a New Jersey criminal defense attorney, you can call us at (201) 880-5311. You can also send us an email at adam@lustberglaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lustberglaw.com/contact-us/

Graves Act Lawyer in Hackensack, NJ

Experienced NJ Criminal Defense Attorney Helps Clients Fight Strict Mandatory Graves Act Prison Sentences in Bergen County, Passaic County, Hudson County & Essex County, New Jersey

New Jersey has some of the toughest gun laws and mandatory minimum prison sentences in the country. Moreover, under the New Jersey Graves Act in N.J.S.A. 2C:43-6(c), if you’re convicted of or plead to criminal firearms charges, you’ll face several years in prison with no possibility of early parole. It doesn’t matter if you’re a first-time offender, or if you got caught up unwittingly violating firearms statutes without meaning to, or if you just made a mistake. Without intervention by a skilled NJ criminal defense attorney, you may face a minimum three-year sentence under the Graves Act if you are convicted of a gun possession crime in Hackensack, Fair Lawn, Fort Lee, Paramus, Bloomfield, Newark, or anywhere else in New Jersey.

Since the Graves Act was passed and then broadened, Hackensack gun crimes attorney Adam M. Lustberg has successfully assisted defendants in the complicated process of applying for a Graves Act waiver of minimum mandatory sentencing in NJ. Contact him today to discuss your weapons offense case and learn about your rights.

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NJ Gun Charges Covered by the Graves Act Require the Assistance of a Skilled Hackensack Criminal Defense Attorney

Before the broadening of firearms violations sentencing under the Graves Act, only defendants convicted of firearms violations while committing certain crimes were subject to mandatory sentencing for gun crimes. In line with New Jersey’s tough stance against gun crimes, mandatory sentencing was broadened to cover multiple other firearms violations. Mandatory sentencing now applies to convictions for the following firearms violations:

Unlawfully possessing a rifle, machine gun, shotgun or handgun contrary to N.J.S.A. 2C:39-5(a), (b) or (c).
Possessing a defaced firearm contrary to N.J.S.A. 2C:39-3(d).
Defacing a firearm contrary to N.J.S.A. 2C:39-9(e).
Possessing a sawed-off shotgun contrary to N.J.S.A. 2C:39-3(b).
Possessing a firearm while committing a drug distribution or possession with intent to distribute offense contrary to N.J.S.A. 2C:39-4.1(a).
Possessing certain weapons by individuals convicted of specified firearms offenses contrary to N.J.S.A. 2C:39-7(a) or (b)(2).
Manufacturing, transporting, or the disposition of a firearm contrary to N.J.S.A. 2C:39-9(a), (b), or (g).

The Graves Act is a complex system of mandatory incarceration sentences, and the process to waive it is complicated and time consuming. The average person will not know how to apply for a Graves Act waiver in Bergen County or Essex County, NJ. In some situations, attorney Adam M. Lustberg may be able to negotiate a Graves Act waiver with the prosecutor’s office.

To effectively get a Graves Act waiver, the attorney you hire must be a skilled negotiator who understands the priorities of the prosecution. To have Graves Act mandatory sentencing waived means that the prosecution is in agreement that the gravity of your conviction does not reasonably necessitate a mandatory prison sentence. In some cases, not only has attorney Adam M. Lustberg negotiated lower sentences, but he has also helped his clients get Graves Act waivers that result in no prison time at all.

Mandatory Sentencing for Graves Act Offenses May Be Circumvented with the Help of an Experienced Criminal Defense Lawyer in Hackensack, NJ

Without an experienced NJ criminal defense attorney who understands the complexities of the Graves Act and who knows how to petition for a waiver against its mandatory guidelines, you are probably going to do the mandatory time and no less, followed by a lengthy period of probation.

Take the 2015 case of New Jersey resident Shaneen Allen, a woman who was innocently about to cross the state border with her licensed handgun. When she was stopped by an officer for an improper lane change, she informed him that she had a licensed weapon in her purse and showed him her valid gun license. Under firearm laws in New Jersey, the circumstances did not matter. Neither her ignorance of the law nor her lack of intent to break the law spared her from a criminal weapons charges for illegally transporting a firearm into another state. With no prior criminal convictions, she was going to prison for three (3) years. As a single parent of two small children, and someone who was responsibly employed full time in a medical profession, her life was about to be destroyed. Allen was one of the few lucky ones when NJ Governor Chris Christie pardoned her, and she did not have to serve the unreasonable prison sentence. Hers is a case in point about the irrationality of such uncompromising Graves Act sentencing.

Because sentencing guidelines are so severe under the Graves Act and, in many cases, make no rational sense, Hackensack criminal attorney Adam M. Lustberg diligently fights to have gun charges reduced or dismissed when possible. Various relevant factors in your arrest, such as how the police recovered your firearm, may allow your attorney to get the gun suppressed as evidence. For instance, if police recovered the handgun in violation of New Jersey or federal law, the prosecution may not be able to pursue unlawful possession of a firearm charges. In that case, the charges should be dismissed.

We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.

Minimum Mandatory Sentences Under the Graves Act Can Be Challenged in Hackensack, NJ

If you are convicted of unlawful possession of a firearm in New Jersey, the penalty previously was a five-year prison sentence with eligibility for parole in about 18 months. However, because of the Graves Act, you must serve at least three (3) full years before becoming eligible for release on parole. The good news is that a skilled NJ criminal defense attorney should know that there are ways to avoid the minimum mandatory sentences mandated by the Graves Act. Through a complicated application process, you may qualify for a waiver of the three-year, no-early-parole minimum sentence and serve just one year. It might also be possible to avoid any prison time at all if the charges are reduced or dismissed.

The Graves Act waiver application process requires an attorney who is familiar with its sentencing guidelines. Newark criminal defense attorney Adam M. Lustberg knows what to do in a Graves Act gun case, knows the Graves Act waiver process, and knows how to fight for you.

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"If I could give Lustberg law offices more than 5 stars I would. Adam M. Lustberg is by far the best criminal defense attorney I have ever met. He is the most knowledgeable, professional, and highly respected in the area. Mr. Lustberg will go above and beyond to make sure he gets you the best possible outcome for your situation. Adam M. Lustberg fought long and hard for my mother and instead of her serving what could’ve been a 5-10 year sentence in jail, she got the minimum sentence of 364 days which is now downgraded to 6 months. Thank you Lustberg law offices for all your hard work! Everyone makes mistakes and Lustberg law offices are on your side."

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"I must say Out of all my experiences with Lawyers, doing business with Adam was the best. After first meeting Adam and informing him of my Situation, he reassured me that if there was a way out of it he would find a way. I was hesitant and decided to go to Trial. Adam handled my Trial as a true professional and Made sure every aspect was covered, and decided to go about my trial with the best angle Neccessary. I was acquitted on my Charge and 7 other charges were dismissed.. Best experience and feeling ever..THAnks For my Freedom ADAM!!!"

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If You Face a Long Prison Sentence Under the NJ Graves Act, Contact a Qualified Hackensack Gun Crimes Attorney Today

With years of incarceration ahead of you, time is of the essence. It’s critical not to delay because your entire life may be on the line. With the denial of your freedom, not only is your life going to be destroyed, but also the lives of those who depend upon you. Don’t allow the unreasonable mandatory sentencing guidelines of the New Jersey Graves Act ruin your life.

Begin the fight for fairness by contacting Paramus criminal defense lawyer Adam M. Lustberg right now. The initial consultation can be held at his Hackensack office, or if your loved one is currently incarcerated, he can go to them in the jail. Call or email now.

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