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New Jersey Gun Crime Lawyer
New Jersey is infamous for having some of the most rigorous gun laws across the country. The implications of gun or weapons charges in this state can be severe, including hefty fines, potentially long prison sentences, and a lifelong criminal record.
If you have been charged with gun or weapons crimes in New Jersey, it is critical to get the skilled legal counsel of a New Jersey criminal defense lawyer as soon as possible. At Lustberg Law Offices, gun and weapons crimes attorney Adam M. Lustberg and our New Jersey gun crime defense lawyers are prepared to guide and aggressively advocate for your rights after a serious gun charge. We may be able to use our legal experience and knowledge of the justice system to achieve the best possible outcome in your gun charges case. Don’t face the criminal justice system alone.
Reach out to us today at (201) 880-5311 to consult with an experienced firearms defense lawyer.
Gun laws in New Jersey are renowned for their complexity, encompassing a multitude of variables and intricate statutes. Without a valid permit or registration, you may inadvertently be committing a criminal offense just by possessing firearms. Furthermore, if you have a previous conviction for weapons crimes, you might be entirely ineligible to legally own a gun in the state.
Convictions for gun or weapon crimes in New Jersey carry severe implications. These include not only substantial prison time and hefty fines, but also a permanent criminal record that can significantly affect all aspects of your life in the future.
If you find yourself facing a weapons charge in New Jersey, it’s imperative to have a skilled attorney to ensure the best possible outcome for your case. Swiftly securing the services of an experienced gun law attorney is crucial for establishing the most robust possible defense.
At Lustberg Law Offices, our weapons and gun crime attorneys offer customized legal strategies and dedicated assistance. We conduct an exhaustive investigation of the case facts, aiming to provide a comprehensive defense strategy. To discuss your case with an experienced New Jersey gun crimes lawyer, contact our law firm today.
New Jersey’s strict gun laws can affect you even if you don’t live here but have crossed the border into the state. Our gun laws require that all individuals be properly permitted, carry the appropriate identification, are within the required age limit, and are not in possession of a prohibited weapon. If you are transporting a gun into or around the state without understanding our laws, you may be committing a serious crime.
An individual may only transport a firearm in New Jersey under specific circumstances:
Furthermore, firearms may only be transported if they are properly secured and stowed unloaded in a closed and fastened case, box, or secured package, or in the trunk of a vehicle and not accessible by any of the vehicle’s occupants.
You may have been breaking the law without even knowing it. If you are facing charges regarding gun transportation, it is important to get the skilled guidance of a gun or weapon crimes lawyer so as to understand your options and possible defenses. At Lustberg Law Offices, LLC, criminal defense lawyer Adam M. Lustberg and his team of weapons and gun crimes attorneys can help you navigate the complexities of the justice system.
Call us today at (201) 880-5311 to schedule a free consultation.
| Eligibility Criteria and Restrictions for Purchasing Firearms in New Jersey | Details |
|---|---|
| Age Restrictions | Under 18: Ineligible for all firearms licenses. Under 21: Ineligible for handgun permits unless job-related. |
| Domestic Violence Convictions | Convictions or restraining orders for domestic violence disqualify applicants. |
| Violent Crimes Convictions | Convictions for certain violent crimes or attempts disqualify individuals. |
| Mental Health Commitment | Commitment for mental health treatment, in NJ or elsewhere, leads to disqualification. |
| Drug Convictions | Convictions for illegal controlled substance use, except misdemeanors, disqualify applicants. |
| Terror Watch List | Inclusion on a terror watch list results in disqualification. |
| Permits Required | Handgun: Permit to purchase a handgun. Long guns: Firearms Purchaser Identification Card. |
In the United States, the Bureau of Alcohol, Tobacco, Firearms, and Explosives sets the federal baseline of who is permitted to purchase or possess a firearm. Beyond those federal laws, each state sets its own laws and guidelines for firearms possession and purchase in that state.
In New Jersey, state firearm laws regulate who can and cannot legally own or purchase a firearm, a gun, a weapon, or ammunition. Anyone wishing to purchase a handgun in New Jersey must obtain a permit to purchase a handgun (one handgun per permit) and a Firearms Purchaser Identification Card, allowing unlimited rifle and shotgun purchases. These must be obtained from either local law enforcement or the New Jersey State Police.
Any individual under the age of 18 is prohibited from applying for any type of firearms license. Anyone under the age of 21 is prohibited from applying for a permit for a handgun unless their employment requires it.
Furthermore, under New Jersey state laws, there are other individuals who are prohibited from owning or possessing a firearm.
These include:
If you or a loved one are facing a weapon or firearm crime in New Jersey, it is critical to understand what defense options you have available. Weapons charges defense lawyer Adam M. Lustberg and the experienced criminal defense attorneys at Lustberg Law Offices offer a free consultation to discuss your charges and options under the law.
New Jersey categorizes weapon charges into specific classifications.
Depending on the circumstances and factors linked with the incident, you may be faced with one or more charges, as detailed below:
According to N.J.S.A. 2C:39-5, if you hold any unlicensed or unpermitted weapons or guns in New Jersey, you could be accused of unlawful possession of a weapon.
Even if your weapons or guns are permitted under New Jersey laws, you are still required to hold the appropriate license or permit. Failure to comply, depending on the type of weapon or gun, could be classified as a third-degree or fourth-degree crime.
N.J.S.A 2C:39-7 outlines particular individuals in New Jersey who are completely barred from legally possessing any weapons or firearms.
This group includes people who have prior convictions for crimes such as:
The charges and penalties can vary based on the reasons for the weapon prohibition, the type of weapon found, and the circumstances under which the weapon was possessed. Penalties under “Certain Persons Not to Have Weapons” can also be influenced by the person’s criminal history, which further emphasizes the importance of engaging a proficient New Jersey defense attorney. Our adept attorneys at Lustberg Law Offices, LLC. stand ready to assist. Contact us today for a consultation.
Under N.J.S.A. 2C:39-4, it is illegal to possess weapons with the intention of committing another crime, regardless of whether the crime was actually executed. The term “weapons” encompasses any item capable of inflicting death or severe bodily harm. Even everyday objects like baseball bats or hammers can be classified as weapons if intended to harm another person, commit a crime, or for other illicit purposes.
Penalties for “Possessing a Weapon for Unlawful Purposes” can range from a fourth-degree to a second-degree charge, depending on the type of weapon involved.
N.J.S.A. 2C:39-3 prohibits the possession of specific firearms and other weapons in New Jersey. Some weapons are outrightly banned due to their hazardous nature, with no permits available. These weapons are grouped according to their threat level, and possession of certain categories could impact the charges faced.
These prohibited weapons may include, but are not limited to:
However, exceptions exist for law enforcement officers, armed forces members, firearm dealers and manufacturers, or those with a specific lawful purpose.
Penalties for possession under the “Prohibited Weapons and Devices” law can range from a third-degree to a fourth-degree indictable offense.
If you were in possession of a firearm while committing a crime, you may face a separate charge for this, regardless of whether the firearm was used or not.
Gun-related offenses in New Jersey are grave matters. Don’t confront them unaided. Reach out to top-rated New Jersey criminal defense attorney Adam M. Lustberg and the dedicated gun and weapons crimes defense attorneys at Lustberg Law Offices to explore how we can help defend you against these serious charges.
New Jersey Criminal Defense Attorney Adam M. Lustberg on Possession of Weapon for Unlawful Purposes
Under the New Jersey criminal statute, it is unlawful for anyone to possess a gun or any weapon with the intent of engaging in criminal activity. Depending on the type of weapon involved, this charge can range between a second-degree and fourth-degree crime.
It is crucial to note that it is unlawful to possess any weapon intending to use it in the commission of a crime, regardless of whether the weapon was actually used.
Being convicted of a firearm or weapon crime in New Jersey carries severe penalties. The repercussions of a weapons charge conviction may vary, depending on the weapon, the crime, and other circumstances surrounding the incident.
In New Jersey, firearm offenses are categorized into four degrees:
Furthermore, under New Jersey’s “Graves Act,” nearly all firearm convictions carry mandatory state prison sentences with obligatory periods of parole ineligibility. Unless your attorney can secure a “waiver” of these mandatory minimum terms, the judge might impose a state prison sentence with a mandatory period of parole ineligibility. Attorney Adam M. Lustberg has successfully secured such waivers in numerous cases, facilitating parole eligibility for his clients.
If you are facing charges related to weapons or gun crimes, it is vital to engage an experienced defense attorney promptly. At Lustberg Law Offices, defense attorney Adam M. Lustberg and our team of gun crimes attorneys zealously advocate for you, striving to prevent conviction or minimize its impact. Considering that New Jersey treats firearm and weapons crimes with utmost seriousness, a robust legal defense is essential if you have been charged with a gun or weapon crime.
Reach out to us today at (201) 880-5311 to schedule a complimentary initial consultation.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
The Graves Act, applicable in New Jersey, outlines the sentencing guidelines for convictions related to specific gun crimes and weapons charges. It imposes mandatory minimum prison terms and determines parole eligibility for individuals convicted of committing a crime while possessing a firearm or found guilty of unlawful firearm possession.
Convictions for the following crimes fall under the jurisdiction of the Graves Act:
It is essential to note that there may be avenues to avoid a mandatory minimum sentence, such as obtaining a “Graves Waiver” or, in certain circumstances, through pre-trial intervention or probation. However, these remedies can be intricate and challenging to secure. The proficient criminal defense attorneys at Lustberg Law Offices are equipped to explore all potential defensive strategies, including those related to Graves Act offenses.
If you are facing charges that fall under the Graves Act, it is critical not to leave your defense to chance, particularly when your liberty is at stake. Contact us today to schedule a consultation, and let our experienced legal team guide you through this challenging time.
New Jersey and other states have enacted what is known as “red flag” laws. These laws expand law enforcement’s ability to remove a gun from an individual who is considered dangerous to themselves or others and poses a risk of injury.
Under the Red Flag Law, the court can issue a temporary order for gun owners to surrender their firearms and their ammunition if:
In this matter, the court may impose the confiscation if it deems that the risk of the firearms owner inflicting injuries on others is enough to warrant the deprivation of that individual’s right to own firearms.
If you have had a gun confiscated under New Jersey’s Red Flag law, an experienced New Jersey gun charges attorney can advocate for your rights to have the emergency order lifted. Contact our qualified New Jersey criminal defense professionals at Lustberg Law Offices to understand how we may be able to help.
If you are convicted of a gun or weapons crime in New Jersey, you may have a criminal record that may remain with you for the rest of your life. In addition to a permanent criminal record, imprisonment, and any other statutory penalties that you may be facing, a gun or weapon crimes conviction can mean that you may also face long-term personal consequences, including:
Before you make any decisions that may affect your freedom and the rest of your life, it is important to discuss your case with a defense attorney to understand your rights and your options under the law. Experienced New Jersey gun charges defense lawyer Adam M. Lustberg and our team of skilled criminal defense attorneys at Lustberg Law Offices offer a free consultation to discuss your case and answer any of your questions.
Call our law firm today at (201) 880-5311 to schedule yours.
New Jersey gun laws require that a person should be registered to be able to legally carry guns or a weapon. New Jersey Statute 2C:58-4 states that anyone who wants to bring a firearm in public must apply for a permit with the New Jersey Superior Court. This process can be complicated and involves appearing at the court to fill out and file the application. People will be required to show that they know how to safely handle guns and have a justifiable need to possess a firearm in public.
Establishing this need in court can be challenging. A New Jersey gun charges defense attorney can provide invaluable aid to anyone who has previously applied for a firearm purchaser ID and been denied or someone intending to apply for a handgun carry permit.
Attorney Adam M. Lustberg, a seasoned NJ gun crimes defense lawyer, can offer legal advice and support whether you are planning to apply for a firearm purchaser ID or facing serious gun or weapons crime charges. Leveraging our years of experience, we can help you explore your options toward an effective legal defense, aiming for the most favorable outcome.
Our team of criminal defense attorneys is ready to assist you. We’re dedicated to providing you with the best possible defense and ensuring your rights are protected. Contact Lustberg Law Offices, LLC today to schedule a complimentary initial consultation. Let us guide you through the complexities of New Jersey gun laws and the legal process.
Facing a gun crime charge in New Jersey can be overwhelming, given the complexity of the laws and the severity of the potential penalties. However, with the right defense strategy and a skilled lawyer, it’s possible to challenge these charges effectively.
There exist several potential legal defense strategies that your New Jersey criminal defense attorney might employ to demonstrate your innocence or reduce the severity of the weapons or gun charges or related crimes you are confronting.
The following defense strategies could be employed to increase the chances of your charges being reduced or altogether dismissed:
Defendants are mandated to be informed of their Miranda rights during an arrest. In certain situations, a warrant may also be necessary. If the arresting party failed to comply with the correct procedures as prescribed by New Jersey law, the arrest might be deemed illegal.
According to the Fourth Amendment, law enforcement must obtain a search warrant before conducting a search on private property, including a vehicle. If a search warrant was not present during the search, it could potentially violate the defendant’s rights under the law.
If you can provide an alibi or if the evidence suggests that you could not have committed the charges brought against you, mistaken identity can be invoked as an affirmative defense in your case.
New Jersey law provides certain exemptions for the possession of a firearm. For instance, it is not illegal to possess a firearm in your home without a permit. For additional information about other exemptions under the law, consult a proficient gun charges attorney.
This defense may be applicable if the context in which the weapon was found in your possession is not illegal. For example, possessing a knife in a kitchen with the intention of using it solely for food preparation.
Evidence plays a critical role in defending against gun crime charges. This can range from surveillance footage and witness testimonies to police reports and forensic evidence. A skilled lawyer will scrutinize the evidence presented by the prosecution for any inconsistencies or procedural errors. There may also be opportunities to present alternative evidence that challenges the prosecution’s narrative or supports the defense’s case.
In some cases, the best course of action may be to negotiate a plea bargain or settlement with the prosecution. This usually involves the defendant agreeing to plead guilty to a lesser charge in exchange for a reduced sentence. It’s important to understand that plea bargaining can be a complex process, and the decision to accept a plea deal should be made with the advice of an experienced lawyer who understands the potential consequences and benefits.
Engaging an experienced NJ criminal defense attorney, equipped with the legal knowledge and experience required to craft a tailored legal defense strategy, is crucial. Having a competent attorney to advocate for your rights and safeguard your freedom can aid in mitigating the extensive consequences of a conviction on illegal weapon possession or other gun and weapons crimes.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
Learn More About Gun Possession
While the Second Amendment of the United States Constitution provides general protection for guns and weapons owners in the United States and establishes a baseline, gun laws regulating possession, ownership, and compliance are imposed by the states.
New Jersey has strict laws that regulate gun rights, who may own or possess weapons, what is required to own guns or possess weapons, what type of firearms are permitted, and under what activities and conditions they may be used. Failure to comply with these strict laws (including New Jersey’s Graves Act) can leave an individual with serious criminal charges and possible prison time. If you have been accused or charged with a gun-related crime in New Jersey, you may be facing serious penalties that can affect the rest of your life. You will need the skill of an experienced New Jersey gun possession lawyer on your side.
Facing criminal prosecution in New Jersey is daunting and you will be facing a prosecutor who is actively working to convict you. The quality of your defense will be critical to your future. Adam M. Lustberg, a top-rated criminal defense attorney, has dedicated his career to the aggressive defense of those charged with crimes in New Jersey, so as to help ensure the best possible outcome. Whether that outcome is a dismissal or a plea deal to reduced charges, we are committed to your best possible legal defense when you are facing serious criminal charges.
Contact us today at (201) 880-5311 to schedule a no-cost consultation with a gun possession defense lawyer. We are here to help – 24 hours a day, 7 days a week.
Weapons or firearms offenses fall under specific categories. Depending on the circumstances of the crime, you may be charged with one or multiple charges.
Unlawful possession of weapons
You may be charged with the unlawful possession of a weapon if you have been found with a weapon and you do not possess a permit to carry that weapon.
Unlawful possession of an illegal weapon
You may be charged with the unlawful possession of an illegal weapon if you have been found possessing specific firearms or weapons that are unlawful to possess in New Jersey
Certain persons not to have weapons
You may be charged with certain persons not having a weapon if you are a person who is prohibited from owning or possessing a firearm or other weapon because of a previous conviction.
Possessing a weapon for unlawful purposes
You may be charged with possessing a weapon for an unlawful purpose if you are found possessing a firearm or other weapon and you intend to use it in an unlawful manner.
Possessing a firearm during the commission of a CDS crime
You may be charged with possessing a firearm during the commission of a crime if you were found possessing a firearm while committing a CDS crime.
Depending on the situation, you may be facing multiple charges. The State of New Jersey takes gun-related charges very seriously and you may be facing significant penalties. At Lustberg Law Offices, our experienced gun defense lawyers will aggressively defend you while maximizing your chances for a favorable outcome.
If you are facing charges of possession of a gun or weapon in New Jersey, you are in danger of losing your freedom. It is important to speak to an experienced defense attorney right away. A skilled defense attorney may be able to help you protect your rights and your freedom. Contact us today to schedule a free consultation with a criminal defense lawyer about your case.
Anyone intending to legally purchase or possess a firearm in the state of New Jersey must first apply for a Firearms Purchaser Identification Card that allows them to purchase and obtain rifles and shotguns without a separate permit and to obtain a handgun with a purchase permit.
With a Firearms Purchaser Identification Card, or FPIC, you are entitled to possess a firearm at home or in a place of business that you own as well as transport a firearm from place to place provided it is locked in a container, bullets are removed from the magazine, and both are separated from the gun during transport. New Jersey requires an FPIC card and a carry permit for those who want to carry a handgun.
If you have been found possessing firearms and do not have the required FPIC or permit, you can be charged with unlawful possession of weapons. You will need the help of a skilled gun law attorney in your corner. At Lustberg Law Offices, we can help with your case.
To schedule a consultation with an experienced criminal defense attorney about your gun possession charges, contact Lustberg Law Offices at (201) 880-5311 today.
Some individuals are prohibited from even seeking an FPIC or permit. Under NJ Rev Stat § 2C:58-3 (2019), no permits or FPICs will be issued to anyone who:
Furthermore, no FPIC or permit will be issued to anyone if it is not in the interest of the public health, safety, or welfare of the community.
If you are found in possession of a handgun without an FPIC and carry permit, you may be charged with unlawful possession of a handgun, resulting in significant penalties including mandatory incarceration in New Jersey State Prison.
At Lustberg Law Offices, our team of skilled New Jersey gun possession attorneys can ensure that you get the best legal defense possible. To schedule a consultation with an experienced lawyer for criminal defense, call Lustberg Law Offices today.
Anyone who possesses a firearm or other weapon with the intention of committing a crime can face charges that range in severity from a fourth-degree crime to a second-degree crime, depending on the weapon and whether or not the weapon was used.
Furthermore, it is unlawful to possess any weapon with the intent to use it while committing a crime.
In New Jersey, weapons laws cover a broad range of weapons. NJ Rev Stat § 2C:39-5 governs the unlawful possession of a weapon, with various sections governing different types of firearms and weapons.
Penalties for basic weapons possession convictions, not including any secondary charges, including
Being charged with a gun-related crime can be complicated and tough. It can also be very stressful. This is why it is important to seek the help of an experienced gun possession lawyer. A skilled lawyer will be able to help the defendant understand their rights and what steps they need to take next.
At Lustberg Law Offices, LLC, gun possession lawyer Adam M. Lustberg and his team of defense attorneys are ready to help.
To schedule a consultation, contact us at (201) 880-5311.
In many cases, a gun possession charge in New Jersey will be secondary to another criminal charge, resulting in more serious penalties. If a weapon or firearm is used in the commission of another crime, prison time and fines will be more substantial.
The approach that defense attorneys take in cases involving weapons charges can differ based on specific circumstances. Due to the gravity of these charges, defense lawyers must explore all possible options to contest them.
One possible defense is to challenge the legality of the search and seizure that led to the discovery of the weapon. If the police found the weapon in a home or vehicle without a valid search warrant, the charges could be dismissed if the search is deemed to have violated the Fourth Amendment to the United States Constitution or the New Jersey Constitution.
Additionally, there are many exemptions to laws regulating firearms possession. For instance, a person may not require a permit to possess a firearm in their own home. The exemptions related to firearms charges can be intricate and necessitate a thorough examination of the particular facts of each case.
It is important to keep in mind that the burden of proving that the defendant violated the law lies with the prosecutors and they must do so beyond a reasonable doubt. To detect weaknesses in the prosecutor’s case, defense attorneys may dedicate many hours to studying police reports, body-worn camera footage, dashcam footage, and witness statements.
Lastly, the New Jersey Attorney General has provided guidelines to County Prosecutors concerning admission into the Pre-Trial Intervention Program for people accused of firearms offenses. For instance, individuals who are not residents of New Jersey but have a permit to carry a firearm in another state may qualify for a diversionary program, despite the permit being of limited use in New Jersey.
At Lustberg Law Offices, our team of firearm possession lawyers may be able to help you fight for your rights. The possession of any weapon in New Jersey without legal authorization is treated seriously. In order to safeguard your freedom, it is essential to have the representation of a competent attorney who can formulate a strong defense strategy for your case. To connect with a skilled criminal defense lawyer in New Jersey, reach out to our law firm today.
| Common Defenses Against Weapons Charges | Description |
|---|---|
| Challenging the Legality of Search and Seizure | If the weapon was found without a valid search warrant, the charges could be dismissed for violating the Fourth Amendment to the United States Constitution or the New Jersey Constitution. |
| Exemptions to Firearms Possession Laws | There are many exemptions to firearms possession laws, such as not requiring a permit to possess a firearm in one’s own home. These exemptions require a thorough examination of the facts of each case. |
| Burden of Proof on Prosecutors | Prosecutors must prove beyond a reasonable doubt that the defendant violated the law. Defense attorneys may study police reports, body-worn camera footage, dashcam footage, and witness statements to detect weaknesses in the prosecutor’s case. |
| Pre-Trial Intervention Program | The New Jersey Attorney General’s guidelines allow County Prosecutors to admit individuals into the Pre-Trial Intervention Program. For example, non-residents with a firearm permit from another state may qualify for this diversionary program. |
Facing a gun charge in New Jersey can be daunting, but it’s not insurmountable. The key to mounting a successful defense lies in partnering with an experienced law firm. New Jersey has stringent gun laws, and navigating them requires a deep understanding of the legal landscape.
If you’ve been charged with a gun-related crime, it’s crucial to act quickly. Waiting too long to seek legal counsel can significantly hinder your chances of a favorable outcome. An adept lawyer will scrutinize every detail of your case, from the circumstances of your arrest to the specifics of the alleged offense. They will identify any procedural errors or violations of your rights that could lead to a dismissal or reduction of charges.
A seasoned legal team will craft a robust defense strategy tailored to your unique situation. This might include challenging the legality of the search and seizure process, disputing the prosecution’s evidence, or negotiating plea deals when appropriate. Their goal is to protect your rights and achieve the best possible result, whether that’s an acquittal, reduced charges, or minimized penalties.
Remember, the sooner you enlist a knowledgeable attorney, the better your chances of beating a gun charge in New Jersey. Don’t wait until the situation worsens to reach out for help. A dedicated legal team will stand by you, fighting for your freedom every step of the way.
The severity of the penalties associated with a conviction for a gun crime in New Jersey underscores the importance of retaining a skilled and experienced criminal defense attorney to represent you. Lustberg Law Offices has experience defending clients against serious criminal charges, including firearms and weapons offenses, and may be able to assist you in this regard.
One possible strategy employed by our attorneys is to argue that the prosecutor cannot establish your guilt beyond a reasonable doubt, thereby leading to the reduction or dismissal of gun charges. In cases where the evidence is particularly strong and the matter proceeds to trial, our attorneys have frequently succeeded in securing reduced charges and avoiding prison sentences for clients charged with gun offenses.
The severity of the penalties associated with a conviction for a gun crime in New Jersey underscores the importance of retaining a skilled and experienced criminal defense attorney to represent you. Lustberg Law Offices has experience defending clients against serious criminal charges, including firearms and weapons offenses, and may be able to assist you in this regard.
One possible strategy employed by our attorneys is to argue that the prosecutor cannot establish your guilt beyond a reasonable doubt, thereby leading to the reduction or dismissal of gun charges. In cases where the evidence is particularly strong and the matter proceeds to trial, our attorneys have frequently succeeded in securing reduced charges and avoiding prison sentences for clients charged with gun offenses.
In New Jersey, there are specific individuals who are prohibited from possessing a firearm or ammunition. These include:
If you are a person who is prohibited from owning or possessing a firearm or other weapon and you have been found in possession of a gun, you may be charged as a certain persons not to have weapons offense.
When you are facing a gun possession charge, it is critical that you get the help of an experienced New Jersey criminal defense attorney as soon as possible. At Lustberg Law Offices, we vigorously defend your rights to help avoid conviction or minimize its consequences if at all possible.
Call us at (201) 880-5311 to schedule a consultation.
When a suspect is taken into custody by the police, there are certain rights that they are entitled to, which must be respected. One of these rights is the Miranda warning, which is commonly referred to as the right to remain silent. The police must inform the suspect, in various possible wordings, that they have the right to remain silent, that anything they say can be used against them in court, and that they have the right to have an attorney present during any questioning.
If the Miranda warning is not given, the suspect’s attorney can request that any statements made be disregarded by the court. However, it is important for the suspect to assert their right to remain silent if questioned. If they choose to provide information voluntarily, it can be used against them in court. In most cases, the police need the suspect’s consent or a search warrant to conduct a search of their person, house, or vehicle.
There are exceptions to this requirement. For example, if the suspect is arrested, the police may search them for weapons or illegal or stolen items. In certain emergencies, the police may search a home without a warrant, and they may search a car if they have a reasonable belief that it contains evidence or stolen items. However, the police must adhere to strict rules in such cases, and any evidence obtained through breaking these rules may be excluded from court. It is not uncommon for the police to fall short of these high standards, and it is crucial to have a lawyer who will hold them accountable if they do so.
At Lustberg Law Offices, gun attorney Adam M. Lustberg and his team of weapon possession lawyers have years of experience in helping clients protect their rights.
To schedule a consultation, contact us today at (201) 880-5311.
In addition to basic gun possession charges, New Jersey has implemented the Graves Act and the No Early Release Act that apply to convictions for firearms charges and crimes of violence involving firearms. Gun Law Attorney Adam M. Lustberg Explain The Graves Act.
The Graves Act requires minimum mandatory jail time and a limitation on parole for most gun offenses. The Graves Act applies to the following:
The No Early Release Act, or NERA, requires that those who have been sentenced for certain violent crimes serve 85 percent of their term before they become eligible for parole. It further requires parole supervision for the first five years after release for any first-degree crimes and three years for any second-degree crimes. These will apply to any first or second-degree offenses, whether they involved the use of a weapon or not.
At Lustberg Law Offices, Adam M. Lustberg and his team of gun possession attorneys provide vigorous criminal defense for those who have been charged with gun possession in New Jersey. Gun possession charges are serious and can have a significant effect on your future. Let us help.
Call us at (201) 880-5311 or contact us online to schedule a free initial consultation to discuss your case.
Learn More About First-Time Gun Charges
Being charged with a gun crime for the first time can have severe implications on your life. In New Jersey, even for a first-time offense, charges such as illegal possession of a firearm can have significant penalties upon conviction. It is essential to have a thorough understanding of the legal landscape in order to protect your rights and secure your future. Understanding the different types of charges, potential penalties, available defenses, and the importance of seeking professional legal assistance is crucial. New Jersey has strict gun laws, and being well-informed and supported by a skilled 1st time gun charge lawyer can greatly impact the outcome of your case.
If you find yourself charged with a gun crime for the first time in New Jersey, seeking the assistance of an experienced and skilled gun crime lawyer is paramount. At Lustberg Law Offices, our dedicated team of New Jersey criminal defense lawyers understands the intricacies of the legal system and the potential impact on your life. We work tirelessly to build a strong defense, challenge the prosecution’s evidence, and pursue the most favorable outcome for our clients’ cases. Don’t let a first-time gun charge derail your future.
Contact us today at (201) 880-5311 for a confidential consultation and take the first step towards safeguarding your rights and securing your future.
New Jersey has some of the strictest gun laws in the United States. To legally own a firearm in the state, residents must first obtain a Firearms Purchaser Identification Card (FPIC) which serves as a license to purchase rifles and shotguns. To obtain an FPIC, applicants must be at least 18 years old, complete a firearms safety course, pass a background check, and be fingerprinted. Additionally, applicants cannot have a history of drug addiction, mental illness, or any domestic violence or serious criminal convictions.
For handguns, a separate Handgun Purchaser Permit is required for each handgun purchase. This permit has the same requirements as the FPIC but with a more thorough application process. Purchasers must also be at least 21 years old before they can buy a handgun.
Owning a firearm in New Jersey requires a permit for purchasing, and in some cases, possessing firearms. As mentioned earlier, the FPIC and Handgun Purchaser Permit are required for individuals to purchase firearms. However, certain individuals, such as law enforcement officers and military personnel, may be exempt from these requirements in specific situations.
New Jersey has a “may-issue” policy for concealed carry permits, which means that local authorities have discretion in determining whether or not an applicant demonstrates a “justifiable need” to carry a concealed weapon. The concealed carry permit application process includes the submission of a detailed application, background checks, fingerprinting, and proof of firearms training. This stringent application process acts as a significant barrier for most residents seeking a concealed carry permit.
Open carry is only allowed for long guns in New Jersey in certain scenarios provided that the individual has a valid FPIC, and concealed carry permits are issued to only a select few who can demonstrate a justifiable need. It is important to remember that having a permit to carry a handgun does not allow the individual to open carry a firearm.
When traveling with firearms in the state, owners must ensure that their firearms are unloaded and securely encased. The firearm and ammunition should be stored separately and not easily accessible to passengers.
Firearms may be transported between an owner’s residence, place of business, or any location where they have permission to possess a firearm such as a shooting range or gun store. Additionally, firearms can be transported when moving between residences, but it’s crucial to consult with local authorities or a knowledgeable attorney to ensure compliance with all applicable laws.
First-time gun charges in New Jersey encompass numerous offenses, which include but are not limited to:
The penalties for first-time gun charges in New Jersey can be severe, depending on the specific offense and circumstances surrounding the case.
Potential penalties include:
It’s essential for individuals facing first-time gun charges in New Jersey to consult with an experienced criminal defense attorney to help navigate the state’s stringent gun laws and defend against potentially severe penalties.
If you find yourself facing a gun charge as a first-time offender in New Jersey, it’s crucial to understand the potential legal consequences under the Graves Act. This legislation mandates severe penalties for offenses involving illegal firearms, even for those without prior criminal records.
Typically, a first-time offender charged under the Graves Act can expect a sentence of 5 years in state prison. More specifically, you must serve at least 42 months of this sentence before you are eligible for parole. This duration reflects the state’s strict stance on illegal firearm possession and its commitment to reducing gun-related crimes.
However, there is a possibility of lessening the severity of this sentence through what is known as a Graves Act waiver. This waiver can significantly alter the outcome, either by reducing the prison time or, in certain circumstances, eliminating it altogether. Obtaining a waiver depends heavily on the specific details of your case, including the nature of the offense and your personal and legal background.
For first-time offenders, the importance of legal representation cannot be overstated. A knowledgeable criminal defense attorney can guide you through the complexities of the legal system and help in seeking a Graves Act waiver, potentially reducing the severe penalties imposed by the law.
Contact Lustberg Law Offices today at (201) 880-5311 to schedule a consultation.
The Graves Act has a significant impact on first-time gun offenders in New Jersey. Enacted in 1981, the Graves Act is a strict gun control law aimed at deterring and punishing individuals who commit crimes involving firearms. This law imposes mandatory minimum sentences for certain gun-related offenses, including those committed by first-time offenders.
Under the Graves Act, first-time offenders who are convicted of possessing a firearm illegally or using a firearm during the commission of a crime face mandatory minimum prison sentences. The length of these sentences varies depending on the specific offense committed and the circumstances surrounding the case.
For example, unlawful possession of a firearm typically carries a mandatory minimum sentence of three to five years of imprisonment without the possibility of parole. Possessing a firearm for an unlawful purpose can result in a mandatory minimum sentence of five years in prison, with a maximum potential sentence of up to ten years. These mandatory minimums mean that judges have limited discretion in sentencing, and the offender must serve a specified period of time before becoming eligible for parole.
The Graves Act also includes provisions that restrict plea bargaining for gun offenses. Prosecutors are generally prohibited from downgrading or dismissing gun charges without the approval of the court. This strict stance on plea bargaining aims to ensure that offenders face appropriate penalties for their involvement with firearms.
First-time gun offenders in New Jersey must understand the severe consequences they may face under the Graves Act. Given the mandatory minimum sentences, it becomes even more imperative to seek experienced legal representation. An experienced New Jersey gun crime lawyer can evaluate the specifics of the case, explore potential defenses, and work to mitigate the potential penalties.
First-offense gun charges can carry severe penalties, depending on the specific circumstances of the case. Understanding the criminal justice process for first-time gun charges can help arm you with the knowledge necessary to navigate the legal system.
| Criminal Justice Process for First-Offense Gun Charges | Details |
|---|---|
| Arrest and booking process | Individual is arrested, taken to police precinct, personal information recorded, fingerprinted, and background check conducted. |
| Initial appearance and bail | Judge informs charges, determines custody, sets bail conditions if eligible. |
| Arraignment and pleas | Defendant presented charges, pleads guilty, not guilty, or no contest. |
| Pretrial hearings and negotiations | Prosecution and defense exchange information, evidence, and engage in plea negotiations. |
| Trial | Prosecution and defense present arguments, evidence, and witnesses. |
| Sentencing | Punishment determined based on case circumstances and jurisdiction. Possible sentences include probation, fines, community service, programs, or imprisonment. Firearms possession may be restricted. |
The process begins with the arrest of the individual in possession of a firearm. The arrest typically occurs when a law enforcement officer has probable cause to believe that a crime involving a gun has been committed. Possible charges may include illegal possession of a firearm, carrying a concealed weapon without a permit, or use of a firearm in the commission of a crime.
After the arrest, the individual will be transported to the police precinct to undergo the booking process. During booking, the suspect’s personal information, such as name, address, and date of birth, will be recorded. The individual will also be fingerprinted and photographed. A criminal background check is usually conducted at this stage to determine if the individual has any prior criminal convictions.
The initial appearance, also known as the first court appearance, usually takes place within 48 hours of the arrest. During the initial appearance, a judge or magistrate will inform the individual of the charges brought against them and determine whether there is sufficient evidence to hold them in custody. At this stage, the judge will also decide if the individual is eligible for bail and, if so, set bail conditions and amounts.
Bail is a monetary guarantee that the individual will return to court for any future proceedings. In cases involving gun charges, bail amounts can vary greatly, depending on factors such as the severity of the charges, criminal history, and the defendant’s ties to the community.
After the initial appearance, the individual will be scheduled for an arraignment. During the arraignment, the defendant will be formally presented with the charges against them and asked to enter a plea. The defendant can choose to plead guilty, not guilty, or no contest.
A guilty plea means the individual admits to the charges, and the case proceeds directly to sentencing. A not guilty plea indicates the defendant denies the charges, and the case will proceed to the pretrial stage. A no-contest plea means the individual does not admit guilt but does not contest the charges, often resulting in a conviction and sentencing.
If the defendant pleads not guilty during the arraignment, the case will proceed to the pretrial stage. During pretrial hearings, the prosecution and defense will exchange information, evidence, and witness lists. Additionally, the defense attorney may file motions to suppress evidence or dismiss certain charges.
During this stage, the prosecution and defense may also engage in plea negotiations. A plea agreement typically involves the defendant agreeing to plead guilty to a lesser charge or reduced sentence in exchange for the dismissal of other charges.
If no plea agreement is reached and the case proceeds to trial, both the prosecution and defense will present their arguments, evidence, and witnesses before a judge or jury. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the jury or judge finds the defendant not guilty, they are acquitted of all charges and released from custody. The case will proceed to the sentencing phase if the defendant is found guilty.
The final step in the criminal justice process for first-time gun charges is sentencing. Sentencing for gun charges varies greatly, depending on the specific circumstances of the case and the jurisdiction in which the case is handled. Factors that may influence the severity of the sentence include the defendant’s criminal history, the type of firearm used, and whether the gun was used in the commission of a crime.
Sentences for first-time gun charges may include probation, fines, community service, mandatory firearms training or education programs, or imprisonment. In some cases, the defendant may also be prohibited from owning or possessing firearms in the future.
Navigating the criminal justice process for first-time gun charges can be a complex and intimidating experience. Consulting with an experienced criminal defense attorney is essential to ensure that your rights are protected and to help you achieve the best possible outcome in your case.
At Lustberg Law Offices, top-rated New Jersey gun crime lawyer Adam M. Lustberg can help ensure that your constitutional rights are upheld, such as the right to a fair trial and protection against unlawful searches and seizures. Our team works diligently to provide our clients with sound legal advice and aggressive but compassionate representation. We can help guide you through every step of the process and leverage our knowledge of the law and experience to achieve the best possible resolution for your case.
Contact us today at (201) 880-5311 to schedule a free consultation.
Gun laws in New Jersey are among the strictest in the United States. A first-time gun possession charge can lead to severe consequences, making it crucial to understand the possible defenses that might be available for those facing these charges.
One of the most commonly used defenses to fight first-time gun charges is claiming that the defendant’s Fourth Amendment rights have been violated. When law enforcement officials conduct a search or seizure without a warrant or probable cause, the defendant can move to suppress the evidence obtained in this manner. If the court agrees that the search and seizure were illegal, the evidence will be suppressed, which could lead to the dismissal of the gun charges.
Another possible defense for first-time gun charges is arguing that the defendant was unaware of the presence of the firearm or had no intent to possess it. This defense might be effective in situations where the defendant did not own the vehicle in which the firearm was found, or the firearm was hidden in a location the defendant was not aware of. It can also apply if the defendant believed they were carrying a legal weapon, such as a starter pistol or a toy gun.
A first-time gun charge in New Jersey could also be contested on the grounds of mistaken identity. This defense argues that the defendant has been falsely accused of the crime because they look similar to the actual perpetrator, or after a flawed identification process, such as relying on witness testimony or weak physical evidence. To successfully use this defense, the defendant must provide evidence that proves their innocence, such as a credible alibi or witnesses that attest to their whereabouts during the time the crime took place.
Besides the defenses mentioned above, several affirmative defenses could be argued in a first-time gun offense case, including self-defense, coercion, or entrapment. These defenses require presenting evidence that proves the defendant’s actions were justified or that they were forced or tricked into committing the crime.
A conviction for a first-time gun charge can have severe and long-lasting consequences on an individual’s rights and future opportunities.
A criminal conviction can negatively impact employment opportunities, especially for a gun offense. Potential employers might be hesitant to hire someone with a criminal record, which can lead to difficulty finding a stable job or advancing in one’s career.
A conviction can lead to the loss of voting rights, depending on the severity of the charges. Felony convictions often result in the temporary or permanent revocation of the right to vote, disenfranchising individuals and potentially affecting their ability to participate in their community’s decision-making process.
Having a criminal record can also impact an individual’s ability to secure safe and affordable housing options. Landlords and property managers might be hesitant to rent to someone with a criminal record, particularly for gun crimes, which can lead to homelessness or living in substandard housing conditions.
Doctors, lawyers, and teachers can lose their licenses or be denied certification to practice in their respective fields due to a gun crime conviction. This can have catastrophic consequences on their careers and livelihoods.
A conviction for a gun offense can also impact an individual’s ability to travel internationally. Many countries, including Canada and the United Kingdom, have strict policies for admitting individuals with criminal records, which can result in denied entry or travel restrictions. This can limit opportunities for personal growth, education, and professional advancement.
Facing and defending against first-time gun charges in New Jersey should not be taken lightly due to the potential long-term impacts on an individual’s rights and opportunities. It’s essential to seek proper legal representation to assist in understanding the available defenses and mitigating the negative outcomes associated with such charges.
Legal assistance is a vital component of navigating the justice system. Access to legal services can help ensure that your rights are protected and that you receive fair treatment under the law. When facing a first-offense gun charge in New Jersey, the importance of hiring a skilled gun crime lawyer cannot be overstated. The complexities of the legal system and the severity of the consequences necessitate experienced guidance.
New Jersey’s gun laws are intricate and constantly evolving. A knowledgeable gun crime lawyer is well-versed in the statutes, regulations, and case precedents relevant to your case. They can navigate the complex legal system on your behalf, ensuring that all necessary procedures are followed and deadlines are met.
A gun crime lawyer’s primary objective is to protect your rights and interests throughout the legal process. They will diligently investigate the facts of your case, analyze the evidence, and develop a strong defense strategy tailored to your specific situation. With their expertise, they can identify potential legal defenses, challenge the prosecution’s evidence, and advocate for the most favorable outcome possible.
Adam M. Lustberg, a highly regarded New Jersey gun crime lawyer at Lustberg Law Offices, is dedicated to protecting the constitutional rights of his clients. With a focus on providing aggressive yet compassionate representation, our team is committed to ensuring a fair trial and safeguarding against unlawful searches and seizures. We understand the complexities of gun crime cases and utilize our extensive knowledge and experience to guide you through the entire legal process.
When you choose Lustberg Law Offices, you can trust that we will provide you with sound legal advice tailored to your specific circumstances. Our goal is to achieve the best possible resolution for your case, and we will work tirelessly to achieve that outcome. We prioritize open communication, maintaining your confidentiality, and treating you with respect and empathy throughout the process.
Take the first step towards protecting your rights and securing a strong defense. Contact Lustberg Law Offices today at (201) 880-5311 to schedule a free consultation with Adam M. Lustberg.
We are here to listen to your concerns, evaluate your case, and provide the skilled legal representation you need during this challenging time.
At Lustberg Law Offices, top-rated gun crimes and weapons charges attorney Adam M. Lustberg, along with our team of skilled attorneys, have been dedicated to defending individuals charged with serious gun and weapons crimes in New Jersey for over seventeen years. We offer aggressive legal defense and work closely with prosecutors and courts to mitigate the impact of such charges on your life.
With our proficient team of New Jersey lawyers on your side, you can confront your charges armed with the assurance of the best possible legal defense. We are dedicated to protecting your rights and advocating for your best interests, providing you with the confidence and support necessary to navigate this challenging time.
To discover how a skilled New Jersey gun crime lawyer from Lustberg Law Offices, LLC can assist you, contact us today at (201) 880-5311 to schedule a complimentary initial consultation.
We’re ready to help guide you through the complexities of your gun offense charges, dedicated to securing the best possible outcome for you.
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