What is the Grave’s Act?

New Jersey's Grave's Act governs sentencing after certain weapons convictions. The Graves's Act provides mandatory minimum prison sentences and eligibility for parole for anyone who has been charged with a crime while in possession of a weapon or unlawfully possessing a firearm. A "Graves Waiver", or in certain cases, a pre-trial intervention, or probation, may allow for relief from a mandatory minimum sentence.

What is the punishment for a 2nd-degree Possession of a Weapon for an Unlawful Purpose charge?

Second-degree crimes include possession of firearms, explosives, or destructive devices for the purpose of injuring a person or destroying property. This can lead to 5-10 years imprisonment.

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.

How much jail time does a minor get for a gun in NJ?

Anyone under 18 years old cannot possess, possess, carry, or use a weapon. A juvenile accused of unlawfully possessing a firearm or another prohibited weapon could face a fourth-degree charge, which could lead to up to 1 year in juvenile detention.

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.

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 the 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/

Possession of Weapon for Unlawful Purpose Attorney in Hackensack, NJ

Q: What is N.J.S.A. 2C:39-4?

The New Jersey statute for the possession of a weapon for an illegal purpose (.J.S.A. 2C:39-4) outlines the following: a. Firearms. Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree. e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

Criminal Lawyer Defends Clients Charged with Possession of a Weapon for an Unlawful Purpose in Bergen County, Passaic County, Hudson County & Essex County, NJ

Gun crimes in New Jersey carry severe penalties. When you are charged with possession of a weapon for an unlawful purpose, you may face a sentence of up to ten (10) years in prison, or decades more if other crimes were involved, such as robbery, burglary, rape, kidnapping, theft, and more. Even more difficult, the crime of possession of a weapon for an unlawful purpose is governed under the New Jersey Graves Act which requires you to serve 85 percent of your sentence before you are parole eligible.

Whatever the circumstances of your arrest for this offense, you face a serious battle for your freedom. Now is not the time to face it alone or to hire an inexperienced criminal defense attorney. Bergen County criminal lawyer Adam M. Lustberg is an experienced, aggressive gun crimes defense attorney who will vigorously fight to achieve the best outcome on your behalf. If you have been charged with possession of a weapon for an unlawful purpose in Newark, East Orange, Hackensack, Paramus, Rochelle Park, or anywhere else in New Jersey, contact Adam M. Lustberg today to start your defense.

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Penalties for Possession of a Weapon for an Unlawful Purpose in Hackensack, NJ

In New Jersey, a charge for possession of a weapon for unlawful purposes is broken down by degrees:

2nd Degree Crime: Possession of a firearm, explosive, or destructive device for the purpose of injuring a person or destroying property is a second degree crime punishable by 5-10 years incarceration.
3rd Degree Crime: Weapons besides firearms can include just about any object, depending on what it is being used for. There is a lengthy list of what constitutes potentially illegal weapons, such as knives, gravity knives, switchblades, daggers, brass knuckles, stilettos, a baseball bat, or a brick. If any of these items is used as a weapon, it is a third degree crime punishable by five years incarceration.
4th Degree Crime: Even a toy gun or imitation firearm, if an observer believed or could believe it was a real weapon, is illegal when it is used for an unlawful purpose. Possession of an imitation firearm for an unlawful purpose is a fourth degree crime punishable by up to 18 month in prison.

Additionally, if convicted under the New Jersey Graves Act, you face mandatory parole ineligibility.

A Knowledgeable Hackensack Criminal Attorney Knows How to Defend You Against Charges for Possession of a Weapon for an Unlawful Purpose

Because it is the responsibility of the prosecution to prove beyond a reasonable doubt that you are guilty of the crimes you’ve been charged with, the prosecution must establish the following elements in your possession of a weapon for an unlawful purpose case:

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

N.J.S.A. 2C:39-4: Possession of a Weapon for an Unlawful Purpose in Hackensack, New Jersey

The specific language of N.J.S.A. 2C:39-4, the New Jersey statute for possession of a weapon for an unlawful purpose, sets forth the following:

a. Firearms. Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

Client Reviews

"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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"Luckily ive only had to use mr.lustbergs services once but i will forever say he is the best lawyer in the world! He’s always available to answer any questions i have and is always happy to help even months after having all my charges dismissed. I’d give more then 5 stars if i could."

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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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"I highly recommended Adam M. Lustberg! Adam is extremely knowledgeable and professional. He clearly knows everything there is to know about criminal law. He is a great communicator, and he gave my case his full attention. If you are searching for a criminal defense attorney, you can stop your search right here. Adam is the very best."

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"I have a long history with the Lustberg Law Firm. Adam is highly experienced, a great communicator who will not keep an eye on the time when you are talking to him. He actually listens to the client and goes out of his way to understand your particular goal. Adam always replied to my emails, texts and phone calls. A professional in every respect. I recommend the Lustberg Law firm without any reservations."

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Hackensack Criminal Defense Lawyer Adam M. Lustberg Has Successfully Represented Clients Charged with Weapons Offenses in New Jersey

To prepare a successful defense against a charge of possession of a weapon for an unlawful purpose in NJ takes meticulous preparation. The earlier preparation and negotiations with the prosecutor and police begin, the greater the potential for a solid case to minimize your penalties or get them dismissed is greater. Experienced Hackensack criminal defense attorney Adam M. Lustberg has extensive experience in the criminal courts and has earned a reputation as a skilled, effective litigator.

If you have been arrested for possession of a weapon for an unlawful purpose in Bergen County, Essex County, or anywhere else in New Jersey, it is imperative that you select a competent and experienced trial attorney. Contact Lustberg Law now for a free case review and evaluation.

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