Illegal Handgun Charge Fort Lee, New Jersey

Fort Lee Illegal Handgun Charge Defense Attorney

Illegal Handgun Charge Fort Lee, New Jersey

Facing Illegal Handgun Charges in Fort Lee, NJ? We Are Your Fierce Defense.

An Illegal handgun charge in Fort Lee, New Jersey is not something to take lightly. If you have been charged with illegal possession of a handgun in Fort Lee, New Jersey, your future and freedom are on the line. The legal landscape surrounding gun offenses is complex and unforgiving. But you are not alone. Brett M. Rosen, Esq., a dedicated and highly experienced criminal defense attorney, is ready to fight for you.

Why Choose Brett M. Rosen for Your Fort Lee Illegal Handgun Case?

Local Expertise: Brett M. Rosen possesses an intricate understanding of Fort Lee’s unique legal climate, the courts, and prosecutors involved in gun cases. This invaluable local knowledge gives you a critical edge.
Proven Results: With a successful track record in defending clients against weapons charges, Brett M. Rosen has a reputation for securing dismissals, reduced charges, and the best possible outcomes for those facing illegal handgun accusations.
Unwavering Advocacy: We approach every case with an unwavering commitment to protecting your rights and preserving your freedom. We believe that everyone deserves a vigorous defense, regardless of the charges.
Compassionate & Confidential: We understand the stress and anxiety that accompany a criminal charge. You’ll find a safe, supportive, and confidential environment to discuss your case, address your concerns, and strategize your defense.
Unmatched Experience: Brett M. Rosen has years of experience navigating the complexities of New Jersey gun laws, including the Graves Act, which imposes mandatory minimum sentences for certain gun offenses.

Understanding Illegal Handgun Charges in Fort Lee, New Jersey

New Jersey has some of the strictest gun laws in the nation. Even seemingly minor violations can lead to severe consequences, including hefty fines, imprisonment, and a lasting criminal record. Unlawful possession of a handgun, even if unloaded, is a second-degree crime in New Jersey. A second-degree crime, carrying penalties of 5-10 years in prison and fines up to $150,000. Even seemingly minor violations can lead to significant legal trouble.

Common charges related to illegal handguns include:

Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5b): This charge applies when you knowingly have a handgun without a permit to carry it.
Possession of a Handgun for an Unlawful Purpose (N.J.S.A. 2C:39-4a): This charge applies when you possess a handgun with the intent to use it unlawfully.
Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7): This statute prohibits certain individuals from possessing firearms, such as convicted felons and those with restraining orders against them.
Defaced Firearms (N.J.S.A. 2C:39-3d): Possessing a firearm with an altered or obliterated serial number is illegal.
Possession of Large Capacity Magazines (N.J.S.A. 2C:39-3j): Magazines capable of holding more than 10 rounds are generally prohibited.

The Graves Act: A Major Threat

The Graves Act (N.J.S.A. 2C:43-6) is a crucial piece of legislation that mandates a minimum prison sentence and parole ineligibility for certain firearm offenses, including unlawful possession of a handgun. This means that if you are convicted, you could face:

Mandatory minimum prison sentence: This can range from 5 years to 10 years for a first offense, with even harsher penalties for subsequent offenses or specific circumstances.
Parole ineligibility: You may be required to serve a significant portion of your sentence (at least 42 months) before being eligible for parole.

New Jersey’s Graves Act Waiver: A Potential Lifeline for First-Time Offenders

New Jersey’s Graves Act imposes mandatory minimum prison sentences for certain gun-related offenses. However, the law also includes a provision for a Graves Act waiver, offering a potential lifeline for first-time offenders who meet specific criteria. This waiver allows judges to bypass the mandatory minimum sentence and impose a lesser sentence, including probation, if it’s deemed in the interest of justice.

Eligibility for a Graves Act Waiver:

To be eligible for a Graves Act waiver, the defendant must generally meet the following requirements:

First-Time Offender: The individual must not have any prior convictions for Graves Act offenses or other serious crimes.
Non-Violent Offense: The offense must not have involved the use or threatened use of violence.
Interest of Justice: The court must determine that waiving the mandatory minimum sentence would not endanger public safety or undermine the purpose of the Graves Act.

Factors Considered in Waiver Decisions:

Judges consider various factors when deciding whether to grant a Graves Act waiver, including:

The nature and circumstances of the offense: Was the gun possessed for self-defense or used in a threatening manner?
The defendant’s character and background: Does the defendant have a clean criminal history, strong community ties, and a stable employment history?
The impact of the mandatory minimum sentence: Would the mandatory sentence be unduly harsh or disproportionate to the offense?

Impact on Fort Lee Handgun Owners:

For Fort Lee residents facing Graves Act charges, obtaining a waiver can be crucial. Without a waiver, even a first-time, non-violent offense could result in a mandatory prison sentence and a permanent criminal record. A successful waiver application could mean the difference between incarceration and probation, preserving the individual’s freedom and future prospects.

Building a Strong Defense Strategy

Each illegal handgun case is unique, and your defense strategy will depend on the specific circumstances of your situation. Brett M. Rosen will conduct a thorough investigation and explore all possible legal avenues to defend your case. Some common defense strategies include:

Challenging the Stop and Search: Was the initial stop by law enforcement justified? Did they have probable cause to search you or your vehicle? If not, we can argue to have the evidence suppressed, potentially leading to dismissal of the charges.
Lack of Knowledge or Intent: Did you knowingly possess the handgun? Were you aware of its presence in your car or on your person? If we can show that you lacked knowledge or intent, the charges may be reduced or dismissed.
Valid Justification: Were you acting in self-defense or defense of another? In some cases, possessing a handgun for protection may be justified under the law.
Constitutional Violations: Were your Miranda rights violated during the arrest or interrogation? Did law enforcement overstep their bounds during the investigation? We will aggressively challenge any violations of your constitutional rights.
Necessity: In rare cases, you may be able to claim that you possessed the gun out of necessity to prevent a greater harm.
Graves Act Waiver: In some cases, we may be able to seek a waiver of the mandatory minimum sentence under the Graves Act.

FAQs About Illegal Handgun Charges in Fort Lee, NJ

What are the penalties for unlawful possession of a handgun in New Jersey? Unlawful possession of a handgun is a second-degree crime, punishable by 5 to 10 years in prison and fines up to $150,000. Additionally, the Graves Act may mandate a minimum prison sentence and parole ineligibility.
Can I get a Graves Act waiver in my case? In some limited circumstances, it may be possible to obtain a Graves Act waiver. However, it is a complex legal process requiring a strong argument and compelling evidence. An experienced attorney like Brett M. Rosen can assess your eligibility and advocate for a waiver if appropriate.
Will a conviction for unlawful possession of a handgun in Fort Lee, NJ ruin my life? A conviction for unlawful possession of a handgun can have a significant impact on your life. In addition to potential jail time and fines, it can affect your employment, housing, and future opportunities.
What should I do if I’m arrested for unlawful possession of a handgun? If arrested, remain silent and invoke your right to an attorney. Do not answer any questions or provide any statements without legal counsel present.
How much does it cost to hire a lawyer for an illegal handgun charge? Attorney fees can vary depending on the complexity of the case and the experience of the attorney. Brett M. Rosen offers free consultations to discuss your case and provide you with a fee estimate.
Will a conviction for unlawful possession of a handgun affect my ability to own firearms in the future? Yes, a conviction will result in a lifetime ban on firearm ownership in New Jersey.
Can I get my charges dismissed? It depends on the specifics of your case. An experienced attorney can assess the evidence and explore all possible avenues for dismissal.

New Jersey’s Red Flag Law: A Proactive Approach to Preventing Gun Violence

Officially known as the Extreme Risk Protective Order (ERPO) Act, New Jersey’s Red Flag Law provides a legal mechanism to temporarily remove firearms from individuals deemed to pose a significant danger to themselves or others. Enacted in 2019, this law allows family or household members, as well as law enforcement officers, to petition the court for a temporary or final restraining order if they have reasonable cause to believe an individual poses such a risk.

How the Red Flag Law Works:

Petition: A concerned party (family/household member or law enforcement) files a petition with the Superior Court, providing evidence of the individual’s risk. This evidence may include recent threats, acts of violence, or concerning behavior related to firearms.
Temporary ERPO: The court can issue a temporary ERPO if there is sufficient evidence of immediate danger. This temporarily prohibits the individual from possessing or purchasing firearms and requires them to surrender any firearms they currently own.
Hearing: A court hearing is held within days of the temporary ERPO issuance, where both sides can present evidence and arguments.
Final ERPO: If the court finds that the individual poses a continued risk, a final ERPO can be issued for up to one year. This order can be renewed if the risk persists.

Impact and Implications:

Preventing Gun Violence: The Red Flag Law empowers individuals and law enforcement to take proactive steps to prevent gun violence before it occurs, potentially saving lives.
Protecting Due Process: The law includes procedural safeguards to protect the rights of the person subject to the ERPO, ensuring they have the opportunity to be heard in court.
Success in New Jersey: Since its enactment, New Jersey’s Red Flag Law has been used successfully in numerous cases to temporarily remove firearms from individuals in crisis and prevent potential tragedies.

New Jersey’s Strict Domestic Violence Laws: Zero Tolerance for Abuse

New Jersey has a robust legal framework to protect victims of domestic violence. The state’s Prevention of Domestic Violence Act (PDVA) defines domestic violence broadly, encompassing various forms of abuse, including physical, emotional, sexual, financial, and even harassment.

Immediate Consequences of a Domestic Violence Complaint:

If a domestic violence complaint is filed against you in Fort Lee, NJ the police are often required to make an arrest if there’s probable cause. This could lead to:

Temporary Restraining Order (TRO): A judge can issue a TRO to protect the alleged victim, which may include restrictions on your contact with them and your access to shared residences.
Weapons Seizure: Under the PDVA, law enforcement is authorized to seize any firearms or other weapons in your possession if there’s a TRO or a finding of domestic violence.
Criminal Charges: You may face criminal charges for the alleged acts of domestic violence, with penalties ranging from fines to jail time, depending on the severity of the offense.

Long-Term Impact on Gun Ownership:

A domestic violence conviction or even a final restraining order under the PDVA can have severe consequences for your gun rights in Fort Lee, NJ:

Loss of Firearm Purchaser Identification Card (FPIC): Your FPIC, required for legally purchasing firearms in New Jersey, will be revoked.
Forfeiture of Firearms: You will be required to surrender any firearms you currently possess.
Permanent Prohibition: You may be permanently prohibited from owning or possessing firearms in the future.

Unique Challenges for Fort Lee Handgun Owners:

In Fort Lee, the proximity to New York City and its stricter gun laws creates additional challenges. If you are subject to a restraining order in New Jersey, you may also face restrictions on your gun rights in New York.

Protect Your Future – Contact Brett M. Rosen Today

Facing a handgun charge in Fort Lee, NJ is never easy, but with the right attorney, you can protect your rights and fight for a brighter future. Contact Brett M. Rosen, Esq., today for a confidential consultation. We’ll listen to your story, answer your questions, and provide you with the guidance and representation you need to navigate this challenging situation.

Remember, you are not alone. We are here to fight for you.

brett@nynjcriminalcivilesq.com

Let me start by saying Brett Rosen saved my life. I don't speak hyperbolically here. Due to different laws across states I violated some very serious laws concerning possession of a firearm. I was in jail. I had never been involved with the system, scared, lost and hopeless my family found Brett. I was facing 40 years. I was ready to give up and felt my adult life was over just as it was beginning. I had 0 faith in the system or those working on either side of it. While I was being processed by the local authorities before I even made it to county the authorities although very respectful were distraught by my immediate request for an attorney and within a few hours their faces had dropped. They mentioned nothing to me (the authorities) but while discussing issues with eachother the junior cops face dropped and the only audible thing I could hear was "Already?!" And I knew it was my lawyer. I spoke with Brett the next day. He was not only obviously ruthlessly competent in his knowledge of the law but also compassionate. I knew he cared not just about my case but about me. My family was horrified and justifiably angry with me and my situation. My marriage had just fallen apart recently as well and locked in a cell the only things that kept any semblance of hope in my mind were the conversations I was having with Brett. Every deadline he told me to expect he accomplished early. Namely my release from lock up. He told me the plan, communicated effectively with me what I needed to do on my end and fed the growing seed of hope he had planted in my soul. I'm a businessman and strive to never surround myself with "yes men" Brett was never that. He was a this is what you can expect man and this is what I'm going to get done and over the course of the next year he accomplished every single one. He resolved my case with a plea deal that keeps my record clean and was an absolute best case scenario across the board. It was even said during my hearings that the work he prepared were the most impressive packages the courts had ever seen. Brett tells me something. It's as good as gold. Now the case is fading into a distance nightmare and my life will continue to grow towards better and greater things and while my faith in the system is still low. My faith in Brett Rosen and humanity as a result is as strong as it could ever be. Brett, thank you from the bottom of my heart, any firm you find yourself at is blessed to have you and im glad i stuck with my instinct to trust in you every step of the way. Anyone reading this and wondering if he's a good choice, take it from me and the life of freedom I now have, he's the best, and in my humble opinion, the only choice. The burning fire that illuminates the seemingly endless darkness one faces when staring down severe legal consequences. Brett Rosen saved my life.

Brett was an amazing lawyer. Made the process very easy and straight forward. He pulled me to the side explained everything that was going to happen and I was in and out of the court room with all my tickets downgraded and with minimal damage to my pockets. Highly recommend his services!

Brett Rosen represented me through a series of serious criminal defense matters for over almost a year. From the start, he exhibited professionalism and care, always going out of his way to ensure an aggressive defense utilizing creative methods and researching every detail aiming for the best results possible. Through he changed firms he remained available to me ensuring me that he would not give up on me and my situation, and eventually got all of my nonsense charges dismissed. Brett has always been exceptionally responsive to my calls, educating me on each specific part of the case to help me make informed decisions with a compassionate ear. Brett is always thoroughly prepared, whether it be for a Zoom, or several court appearances or trial, his hard work and the time he puts into each aspect of the matter is evidenced by his results. He will remain highly recommended and respected, as both an attorney and a friend.

Fort Lee Illegal Handgun Charge Defense Attorney