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Possession of Weapon for Unlawful Purpose Attorney Newark, NJ


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 weapons offense 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 Lustberg today to start your defense.

Penalties for Possession of a Weapon for an Unlawful Purpose in Fair Lawn, 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 Mahwah 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:

  • The item was a weapon.
  • You possessed it.
  • You intended to harm a person or property with it.
  • The police obtained evidence legally.

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

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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“Was facing my first and only felony charge. Adam worked with me the whole way and made it so I had nothing to fear. Got my charge dropped to disorderly persons and walked out of the courtroom with no handcuffs! A consummate professional and just an all around great guy! Hire him! I highly recommend him!”

"Adam is a wonderful lawyer and a very knowledgable guy, he actually knew more about the laws on drug charges better than the judge at my case. I always felt pretty calm about the situation because i knew he'd have everything covered. I would hire him again without a doubt."

"Adam accomplished what, to me, was a minor miracle. I was looking at definite long loss of license, major fines and jail time for 2 separate incidents. He pulled out full and complete dismissals on both. He's now assisting family in another matter and so far she is perfectly thrilled with him. I recommend Adam to anyone needing a good defense attorney."