- Criminal Possession Of A Firearm
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Criminal Possession Of A Firearm – In New Jersey, we have some of the strictest firearms laws in the country. So it’s no surprise that the penalties for possession are equally severe. Any single firearm charge can result in a minimum of 5 years in prison and large fines.
If you are facing a charge of illegal possession of a firearm in New Jersey, it is very important to seek the help of a qualified New Jersey gun possession attorney. At Lustberg Law Offices, our experienced attorneys can provide invaluable support in protecting your rights and freedoms. To help you achieve the best possible outcome for your situation, schedule a free consultation with us today at (201) 880-5311.
Criminal Possession Of A Firearm
Gun possession charges fall into different categories, and depending on the crime, you may face one or more charges. These include:
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Depending on the type of weapon and the specific offense, each has its own spectrum of punishment. Additionally, if your crime falls under the Graves Act, the penalties will increase.
If you are facing a charge of illegal possession of a firearm, it is important to seek the help of an experienced New Jersey gun possession lawyer. Having a qualified attorney can help you understand what your rights are and protect your freedom.
Penalties for illegal possession depend on the type of firearm found in your possession. Possession of a rifle or shotgun without an ID carries a sentence of 3 to 5 years in prison and a fine of up to $15,000. Illegal possession of a handgun without a permit to carry is a second-degree felony, punishable by 5 to 10 years in prison and a fine of up to $150,000. Because unlawful possession of a firearm is subject to the Graves Act, a minimum mandatory prison sentence applies.
Some firearms are illegal in New Jersey anyway. A conviction is a third-degree felony and can result in 3 to 5 years in prison and a fine of up to $15,000.
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If you are a person with a prior criminal record and are found in possession of a firearm, if you are not allowed to possess it, you can be sentenced to 5 to 10 years in prison and you will not be eligible for parole for at least 5 terms. years.
Possession of a firearm for an unlawful purpose is also a second-degree felony, punishable by 5 to 10 years in prison and a fine of up to $150,000. It also refers to Graves’ Law.
New Jersey takes gun crimes very seriously, and there have been many cases of innocent people going to jail because of the state’s strict gun laws. These laws are contained in a section of law called the Graves Act, which imposes harsher penalties on people convicted of possessing certain weapons. The Graves Act is defined in the New Jersey Penal Code, specifically N.J.S.A. 2C:43-6.
Under the Walls Act, people found with a firearm or committing certain crimes while in possession of a firearm are subject to a mandatory minimum prison sentence. Consequently, those convicted of Graves Act crimes must serve at least one-third of their sentence or at least 42 months, whichever is longer, before being eligible for parole.
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Additionally, under the Walls Act, engaging in activities such as manufacturing, transporting, or disposing of machine guns, sawed-off shotguns, or firearms is classified as a third-degree felony. Likewise, firearms violations are considered a third-degree felony.
If you have specific questions about the Graves Act or need more information, it is recommended that you consult with a New Jersey Graves Act lawyer. At the Law Offices of Lustberg, our attorneys can provide you with the guidance and representation you need if you are facing charges or have graves law concerns. Contact us today to schedule your free consultation.
Possession of a firearm while committing these offenses is a second-degree felony. In addition, if there is an additional sentence for possession of a weapon for an illegal purpose, the term of imprisonment must be served consecutively.
What does the state have to prove in order to charge someone with carrying a gun for an illegal purpose?
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To convict a person on a charge of unlawful possession, the state must prove that the defendant possessed the weapon with the intent to use it unlawfully and that it was intended for unlawful use against another person or property. N.J.S.A. 2C:39-1 defines the types of weapons that may be unlawfully possessed, including handguns, rifles, shotguns, imitation firearms, explosives, etc.
The type of weapon used determines the degree of unlawful intent of the crime. The type of weapon charged will determine the sentence imposed on the accused, whether they will face the mandatory minimum sentence or whether their case will be subject to a presumption of imprisonment. In order to comply with the law, the accused may have to serve time in prison in addition to the additional requirements provided by the Graves Act.
If you have been charged with illegal possession of a firearm, it is important to seek legal representation from an experienced New Jersey criminal defense attorney immediately. An experienced attorney can help protect your rights and freedoms.
Although firearm possession is strictly regulated in New Jersey, you may have several defense options if you are charged with possession. At the Law Offices of Lustberg, we provide thorough legal defense to individuals charged with gun possession in New Jersey. Call us at (201) 880-5311 or contact us online to discuss your payments.
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However, firearm possession charges do exist, and our Gainesville criminal defense attorney can provide important legal guidance to individuals or their loved ones facing such charges.
A firearms conviction can have a lasting impact on someone’s life, and unfortunately, criminals are often convicted of unknowingly or accidentally possessing a weapon. If you are facing a firearms possession charge, make sure your rights are protected going forward.
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As defined in Florida Statute §790.23, it is unlawful for any person to possess or have in their custody, possession, possession or control any firearm, ammunition, or electrical weapon or device, unless the person has been convicted of a felony. This rule does not apply to felons who (a) have had their civil rights and firearms privileges restored, or (b) have had their criminal records expunged.
Under the guidelines of this statute, the prosecution must prove beyond a reasonable doubt that the accused has been convicted of a felony and that, after conviction, he knowingly possessed, possessed, or had in his possession the alleged firearm, ammunition, or electrical weapon. device.
In Florida, a firearm is defined as any weapon that is designed to discharge a projectile through an explosive action, or that can be easily converted into one. This definition excludes “antique firearms” unless they are used to commit a crime. Individuals with prior criminal records may be charged if found in possession of ammunition, electrical weapons or devices. Ammunition is defined as powder, projectiles, bullets, bullets or a fixed metallic or non-metallic casing containing a primer. Finally, an electric weapon is defined as any device that emits an electric current and can cause injury or death for defensive or offensive purposes.
Defendants’ defenses, and the penalties they may face if convicted, vary depending on the type of possession they are alleged to have committed. Three types of ownership:
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This occurs when the alleged offender is in possession of a firearm, carries a container containing a firearm, or is close enough to the firearm that the firearm is readily available to them and under their control. Actual possession charges are the most severe, carrying a mandatory sentence of at least three years in prison if convicted. In addition to the mandatory minimum sentence, a judge can impose a sentence of up to 15 years
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