Lustberg Law Offices, LLC

Legal Guidance in New Jersey Regarding Unlawful Weapons

When an individual has been charged with illegal possession of a weapon, they face serious consequences. Whether the charge is for a firearm or other weapon, it can lead to jail time, hefty fines, and a criminal record that could impact employment and personal relationships indefinitely. Because of the severity of weapons charges, consulting a Possession of Unlawful Weapons law firm immediately is crucial to begin building a robust defense strategy.

Gun laws in New Jersey are some of the most strict in the country, requiring long periods of prison time and periods of parole ineligibility for those who are convicted of them. In addition, the state takes a harsh stance on first offenses, many of which fall under the Graves Act, which mandates that a person serve a significant portion of their sentence before being eligible for parole. A Possession of Unlawful Weapons law firm can navigate these stringent laws to help mitigate the consequences for their clients.

The law defines a “weapon” very broadly and includes any item that could cause bodily injury or death to a person. This includes items such as bats, clubs, brass knuckles, and knives. Convictions for possession of these kinds of weapons can carry a third-degree penalty, and may result in jail time and hefty fines. In some cases, these convictions can also impact an individual’s eligibility for employment in sensitive areas. A Possession of Unlawful Weapons law firm will be able to argue these points effectively in court.

It is not uncommon for out-of-state residents to become entangled in New Jersey’s criminal justice system while simply visiting or passing through the state with a weapon they legally purchased and permitted in their home state. This is because New Jersey does not recognize state-to-state reciprocity for gun permits, and its definition of what constitutes a firearm can differ from that of other states. Furthermore, the state has specific regulations on how weapons must be transported within its borders. Assistance from a Possession of Unlawful Weapons law firm is essential under these circumstances.

If you are a non-resident of the state and have been charged with an illegal weapons offense in New Jersey, contact an experienced attorney to help you defend yourself against the charge. A skilled legal professional from a Possession of Unlawful Weapons law firm can review your case to see if you qualify for pre-trial intervention, or PTI, which could keep the offense off of your permanent record. 

Fighting Unlawful Weapons Possession Charges in New Jersey

The criminal law of New Jersey has a broad definition of weapons, and even seemingly ordinary tools can be charged as crimes. For this reason, anyone facing weapons charges needs to consult with a skilled New Jersey weapons offense lawyer right away. The sooner you get a skilled lawyer involved, the more options you have for developing a smart defensive strategy to fight your case. Engaging a Possession of Unlawful Weapons law firm promptly is crucial.

New Jersey’s penalties for possession of a weapon for unlawful purposes can include years in prison, serious fines, and the loss of your ability to own firearms. If the offense involves domestic violence or any other crime, you can face additional ancillary penalties. A conviction of this crime will also show up on your record for years to come, highlighting the necessity of consulting a Possession of Unlawful Weapons law firm.

For these reasons, the sooner you speak with a qualified attorney, the better your chances of getting your case dismissed or the charges reduced to something less severe. A skilled lawyer could challenge the evidence, argue that you did not commit the crime, argue that police acted improperly, or try to get you into a program like PTI or rehabilitative treatment in lieu of jail time. This is where the skills of a Possession of Unlawful Weapons law firm becomes invaluable.

The first thing our legal team will do is carefully review the evidence and the facts of your case to determine what the optimal defense strategy is. This is especially important because the state must prove all elements of the offense beyond a reasonable doubt to obtain a conviction. If there are any weaknesses in the prosecution’s case, we will immediately begin putting together a strong and aggressive defense to get your charges dismissed, leveraging the experience of a Possession of Unlawful Weapons law firm.

Some of the most common defenses in these cases involve challenging the way the evidence was collected. This can include challenging search and seizure violations, such as if police searched your car or home without warrants or probable cause, or trying to prove that you were legally in possession of the weapon. If you have been arrested for bringing an illegal handgun into New Jersey, our lawyers may be able to get the charges dropped or reduce them to a non-lethal weapon, a typical strategy employed by a Possession of Unlawful Weapons law firm.

As skilled New Jersey weapons offense attorneys, our goal is to get your charges reduced or dismissed entirely. This can include arguing that your rights to own or carry firearms have been violated, advocating for entry into the Pre-trial Intervention (PTI) program, or negotiating alternatives to jail time, such as rehabilitative programs and probation. Our New Jersey gun offense defense lawyer will balance applicable mitigating circumstances against aggravating factors to aggressively defend your case.  

The Value of New Jersey Legal Aid in Unlawful Weapons Situations

The state of New Jersey has some of the strictest weapons laws in the country, resulting in many unexpected legal predicaments for out-of-state residents and visitors who are unaware of the local nuances. Possession of Unlawful Weapons law firm can provide invaluable guidance to individuals who are facing firearms or weapons charges, helping them understand the various options for their defense, and mitigate penalties.

When Does Deadly Force Become Justifiable?
As a general rule, if you are in danger of losing your life and believe that the use of force is necessary to save it, it can be considered self-defense. However, the law also requires that the force you use is proportional to the force used against you. This means that if you are being attacked by someone with a gun and you shoot them, even if they were breaking into your home, you may not be charged with homicide or assault, depending on the circumstances. If a situation warrants a forceful response, consulting with a Possession of Unlawful Weapons law firm is crucial.

Other instances of justified self-defense include protecting people in your household or workplace from harm. New Jersey law states that you are permitted to protect others as long as you believe their lives or property are in immediate danger at the hands of another person. If you are being threatened with a weapon by a stranger, it is reasonable to believe that your life is in danger and that the use of force is necessary to protect yourself. However, it is important that you can prove this and that your actions were reasonable in the circumstances. It is vital to have the support of a Possession of Unlawful Weapons law firm in such situations to ensure legal defenses are properly argued.

Aside from the potential for homicide or assault charges, weapons charges often come with heavy fines and significant prison sentences, particularly in situations where a weapon is classified as an explosive device or destructive device. A Possession of Unlawful Weapons law firm like Lustberg Law Offices, LLC will work tirelessly to help you avoid these hefty consequences and defend your freedom.

How Can I Get My Weapons Back If a Judge Imposes a TRO or FRO Against Me?

If you are found guilty of a weapons offense in New Jersey, it is possible that your weapons will be confiscated by the police and placed under a temporary or permanent restraining order. This is especially common if you have been convicted of domestic violence or are determined to be mentally unfit to own and possess weapons. Seeking advice from a Possession of Unlawful Weapons law firm is essential in these scenarios to navigate the complexities of the legal system. 

Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States

(201) 880-5311