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New Jersey has some of the strictest gun laws in the country, and the penalties are harsh. Under the New Jersey Graves Act (N.J.S.A. 2C:43-6(c)), a conviction, or even a plea, to criminal firearms charges can mean years in prison without the chance of early parole. This applies even if it’s your first offense, if you didn’t realize you were breaking the law, or if it was an honest mistake. Without intervention from a skilled attorney, you may face years in jail under the Graves Act if you are convicted of a gun possession crime in New Jersey.
That’s a heavy reality to face, but it doesn’t mean you’re out of options. New Jersey gun crimes lawyer Adam M. Lustberg has worked with many people in your situation, helping them pursue a Graves Act waiver that can reduce or avoid mandatory prison time.
Contact Lustberg Law Offices, LLC today at (201) 880-5311 to discuss your case, learn what rights you have, and take the first step toward protecting your future.
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:
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.
Attorney Adam M. Lustberg is a New Jersey defense lawyer who has spent over 14 years defending clients accused of weapons offenses and other serious charges. Known for his strategic defense work and dedication to his clients, he is recognized as one of the top criminal defense attorneys in the state.
Without an experienced NJ gun crimes attorney who understands the challenges of the Graves Act and who knows how to petition for a waiver against its mandatory guidelines, you are likely to serve 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, New Jersey gun crimes 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 have 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.
The Graves Act sets strict sentencing rules for gun offenses in New Jersey. These penalties apply even to first-time offenders and leave little room for leniency. The main feature of the law is its mandatory minimum prison terms, which prevent early release until the minimum period has been served.
For second and third-degree crimes, the law requires a minimum of 42 months in prison before parole eligibility. This means that regardless of the total sentence, an individual must serve at least three and a half years behind bars. In cases of unlawful firearm possession, which is a second-degree crime, the court typically imposes a five-year sentence with no chance of parole until 42 months have been served.
Fourth-degree crimes carry slightly less severe consequences but still fall under the Act’s provisions. A conviction at this level results in a minimum of 18 months in prison without parole eligibility. Even though this penalty is lower than those for higher-degree crimes, it is still a significant consequence, especially for someone with no prior criminal record.
The Graves Act’s structure reflects New Jersey’s tough stance on gun offenses. Each degree of crime carries mandatory minimum terms that cannot be reduced through good behavior or early release programs. For anyone facing charges under the Graves Act, consulting a skilled gun crimes attorney can provide critical guidance and help protect your rights.
If you are convicted of unlawful possession of a firearm in New Jersey, the penalty is a five-year prison sentence with eligibility for parole after about 42 months. Because of the Graves Act, you must serve at least three and a half years before becoming eligible for release on parole. The good news is that a skilled NJ gun crimes attorney should know that there are ways to avoid the minimum mandatory sentences imposed under 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. New Jersey gun crimes 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.
| Degree of Crime | Typical Sentence | Mandatory Minimum Before Parole Eligibility |
|---|---|---|
| Second-degree (unlawful firearm possession) | 5 years | 42 months (3.5 years) |
| Third-degree (firearm-related offenses) | Varies by case | 42 months (3.5 years) |
| Fourth-degree (less severe gun offenses) | 18 months | 18 months |
With years of incarceration ahead of you, time is of the essence. It’s critical not to delay because your entire future 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 on you. Don’t allow the unreasonable mandatory sentencing guidelines of the New Jersey Graves Act to ruin your life.
Begin the fight for fairness by contacting New Jersey gun crimes 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 jail.
Call Lustberg Law Offices, LLC at (201) 880-5311 or email now.
