Handgun Charge Lawyer Elizabeth, NJ

Handgun Charge Lawyer Elizabeth, NJ

Facing Handgun Charges in Elizabeth, NJ? You Need a Fierce Advocate.

Being accused of a handgun offense in New Jersey can have devastating consequences. The Garden State boasts some of the strictest gun control laws in the nation. A conviction can lead to hefty fines, lengthy prison sentences, loss of your right to own firearms, and a permanent mark on your criminal record that can affect your future. If you or a loved one is facing handgun charges in Elizabeth, New Jersey, having Brett M. Rosen, Esq., a dedicated and experienced criminal defense attorney by your side, can be the difference between freedom and a life-altering sentence. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. He’s also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years. Only 2.5% of attorneys in New Jersey are selected to this list every year. Contact him today at 908-312-0368.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Handgun Charge Defense?

• Extensive Experience: Brett M. Rosen has a deep understanding of New Jersey’s complex gun laws and extensive experience defending clients against a wide range of firearm offenses. We know the intricacies of the Graves Act, the state’s mandatory minimum sentencing law for gun crimes.

• Proven Track Record: Our firm has a proven track record of success in handgun cases in Elizabeth and throughout Union County. We have secured acquittals, dismissals, and reduced charges for our clients, achieving the best possible outcomes even in the most challenging cases.

• Aggressive Advocacy: We are committed to fighting tirelessly for your rights and freedom. We will leave no stone unturned in our investigation, building a strong defense to protect your future. We are not afraid to take on the prosecution and challenge the evidence against you.

• Compassionate and Confidential Support: We understand the stress and fear that come with facing criminal charges. We provide compassionate and confidential legal representation, guiding you through every step of the process with empathy and understanding.

• Local Expertise: We are deeply familiar with the Elizabeth Municipal Court, Union County Superior Court, and the local law enforcement agencies. This knowledge of the local legal landscape gives us an advantage in understanding the nuances of your case and developing effective defense strategies.

Our Areas of Expertise in Elizabeth, NJ Handgun Defense

We handle a broad range of handgun charges in Elizabeth, NJ, including:

• Unlawful Possession of a Handgun: Possessing a handgun without a valid permit or in violation of permit conditions.
• Possession of a Weapon for an Unlawful Purpose: Possessing a handgun with the intent to use it unlawfully against another person or property.
• Unlawful Possession of a Firearm by a Convicted Felon: If you have a prior felony conviction, you may be prohibited from possessing a firearm.
• Possession of a Defaced Firearm: Possessing a firearm with an altered or removed serial number.
• Possession of a High-Capacity Magazine: Owning or possessing a magazine that can hold more than 10 rounds of ammunition.
• Carrying a Handgun Without a Permit: Carrying a concealed handgun in public without a valid concealed carry permit.
• Possession of a Firearm in a School Zone: Possessing a firearm within 1,000 feet of school property.

Graves Act & Penalties for Handgun Charge

In Elizabeth, New Jersey, and throughout the state, the Graves Act significantly impacts individuals facing handgun charges. This law mandates minimum prison sentences and parole ineligibility for various firearm offenses, including unlawful possession of a handgun. Depending on the specific charge and circumstances, a conviction under the Graves Act could result in years of imprisonment and a permanent criminal record. This means that even a first-time offender who illegally possessed a handgun in Elizabeth could face a mandatory minimum sentence of 42 months of no parole until that sentence has been served in prison. Understanding the intricacies of the Graves Act and its implications is crucial for building a strong defense against handgun charges in Elizabeth.

What is a Graves Act Waiver?

Essentially, a Graves Act waiver allows a judge to deviate from the mandatory minimum sentence typically required under the Graves Act. This means that, even if you are convicted of a Graves Act offense, you may be able to avoid the mandatory prison time and instead receive a lesser sentence, such as probation.   

Eligible for a Waiver?

The eligibility requirements for a Graves Act waiver are strict:

1. First-Time Offender: You must not have any prior convictions for Graves Act offenses or other serious crimes.
2. Non-Violent Offense: The gun offense must not have involved the use or threat of violence.
3. Interest of Justice: The judge must be convinced that waiving the mandatory sentence is in the interest of justice and will not compromise public safety.   
   
    

How to Obtain a Waiver?

Obtaining a Graves Act waiver is a complex process that requires a strong legal strategy and persuasive arguments. Typically, your attorney will file a motion with the court, presenting evidence and arguments to support the waiver request. This may involve demonstrating your good character, lack of criminal history, and the non-violent nature of the offense.   

Factors Considered by the Judge:

When deciding whether to grant a waiver, the judge will consider various factors, including:

• The nature and circumstances of the offense
• Your criminal history and likelihood of reoffending
• Your character, reputation, and community ties  
  
   
• Any mitigating factors, such as mental health issues or acting under duress

The Importance of Legal Representation:

If you are facing a Graves Act charge, seeking the assistance of an experienced criminal defense attorney is crucial. They can assess your eligibility for a waiver, build a strong case on your behalf, and guide you through the legal process.

Our Strategic Approach to Handgun Defense in Elizabeth, NJ

We employ a comprehensive and personalized approach to defending against handgun charges in Elizabeth, NJ:

1. Thorough Investigation: We will conduct a meticulous investigation of your case, examining all the evidence, interviewing witnesses, and analyzing police reports to uncover any potential weaknesses in the prosecution’s case.

2. Challenging Evidence: We will aggressively challenge the legality of the search and seizure of the handgun, as well as any other evidence obtained in violation of your constitutional rights.

3. Identifying Defenses: We will explore all possible defenses, including lack of knowledge or possession, self-defense, valid permits, and others, to build the strongest possible case on your behalf.

4. Negotiating with Prosecutors: We are skilled negotiators and will work tirelessly to negotiate with prosecutors for reduced charges, alternative sentencing options, or even dismissal of your case.

5. Trial Preparation: If necessary, we will prepare for trial, presenting a compelling defense to the jury to protect your rights and freedom.

Potential Defenses to Handgun Charge in Elizabeth, NJ

Constitutional Defenses:

• Illegal Search and Seizure (Fourth Amendment Violation): If the police obtained the handgun through an illegal search of your person, vehicle, or home without a warrant or probable cause, the evidence might be suppressed, potentially leading to dismissal or a weaker case.
• Miranda Rights Violations (Fifth Amendment Violation): If the police failed to inform you of your right to remain silent and to have an attorney present during questioning, any statements you made could be inadmissible in court.

Factual Defenses:

• Lack of Possession: You can argue that you were not in possession of the handgun, it wasn’t yours, or you were unaware of its presence.
• Lack of Knowledge: If you didn’t know the item was a handgun, you may not be held liable for certain offenses.
• Valid Permit to Carry: If you had a valid permit to carry the handgun at the time of the incident, this could be a complete defense, depending on the specific circumstances.

Affirmative Defenses:

• Self-Defense: If you possessed or used the handgun to protect yourself or another person from imminent harm, and your actions were reasonable under the circumstances, this could be a strong defense.
• Duress or Necessity: If you were forced to possess or use the handgun under threat of serious harm or to prevent a greater evil, you may have a defense.

Other Potential Defenses:

• Graves Act Waiver: If you are a first-time offender charged with a non-violent gun offense, your attorney might be able to seek a waiver of the mandatory minimum sentence under the Graves Act.
• Challenging the Prosecutor’s Case: An attorney can scrutinize the evidence and challenge the prosecutor’s ability to prove the elements of the offense beyond a reasonable doubt.

Important Note: The specific defenses that are applicable to your case will depend on the exact circumstances of your arrest and the charges against you. An experienced criminal defense attorney in Elizabeth, NJ, can evaluate your case, identify the most effective defenses, and build a strong legal strategy to protect your rights and freedom.

Frequently Asked Questions (FAQs) About Handgun Charges in Elizabeth, NJ

Q: What are the penalties for a handgun charge in Elizabeth, NJ?

A: The penalties vary depending on the specific charge, your criminal history, and the circumstances of your case. They can range from probation, fines, and community service to lengthy prison sentences.

Q: Does the Graves Act apply to my case?

A: The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences for certain gun offenses, including unlawful possession of a handgun. If you are charged under the Graves Act, an attorney can explore potential waivers or ways to minimize its impact.

Q: Will a handgun charge affect my right to own firearms in the future?

A: A conviction for a handgun offense will likely result in the loss of your right to own or possess firearms in New Jersey.

Q: How much does it cost to hire a lawyer for a handgun charge in Elizabeth, NJ?

A: Attorney fees vary depending on the complexity of the case, the experience of the attorney, and the amount of time and resources required to defend your case. We offer free consultations to discuss your case and provide you with a personalized fee estimate.

Q: Can I get my gun charge expunged?

A: Expungement is the process of removing a criminal conviction from your record. In New Jersey, certain firearm offenses may be eligible for expungement after a specific waiting period and if you meet certain requirements. We can review your case and advise you on your eligibility.

Q: What should I do if I’m facing a handgun charge in Elizabeth, NJ?

A: The first and most important step is to contact an experienced criminal defense attorney immediately. Do not speak to law enforcement or make any statements without legal counsel present. An attorney can protect your rights, investigate the charges against you, and build a strong defense strategy.

Contact Brett M. Rosen, Esq. Today for a Free Consultation

If you are facing handgun charges in Elizabeth, NJ, don’t hesitate to seek legal representation. The sooner you contact an attorney, the better your chances of achieving a favorable outcome. Contact Brett M. Rosen, Esq. today for a free and confidential consultation to discuss your legal options. We are committed to protecting your rights and fighting for your freedom.

908-312-0368 & brett@nynjcriminalcivilesq.com