Handgun Charge Lawyer Fort Lee, NJ

Handgun Charge Lawyer Fort Lee, NJ

A handgun charge in Fort Lee, New Jersey, is a serious matter that can have a devastating impact on your life. New Jersey has some of the strictest gun laws in the country, and a conviction can lead to severe penalties, including lengthy prison sentences, hefty fines, and a permanent criminal record. Whether you’re facing charges for unlawful possession of a firearm, possession of a weapon for an unlawful purpose, or any other gun-related offense, you need an experienced and aggressive attorney to fight for your rights.

At the Law Offices of Brett M. Rosen, Esq., we understand the complexities of New Jersey gun laws and the potential consequences you face. We are dedicated to providing our clients with the highest quality legal representation, protecting their rights, and achieving the best possible outcome in their cases.

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

• Local Expertise: Brett M. Rosen has in-depth knowledge of the Fort Lee Municipal Court and the Bergen County Superior Court, where most gun cases are heard. He understands the local legal landscape and the specific challenges you may face.
• Aggressive Representation: We believe in fighting tirelessly for our clients. We will conduct a thorough investigation of your case, challenge the evidence against you, and explore all possible legal defenses.
• Client-Centered Approach: We understand the stress and anxiety that come with facing criminal charges. We will guide you through the process, keep you informed at every stage, and answer any questions you may have.
• Proven Results: Our firm has a successful track record of defending clients against gun charges in Fort Lee and throughout New Jersey. We have helped numerous clients avoid jail time, reduce charges, and even have their cases dismissed.

Understanding New Jersey Gun Laws 

New Jersey has some of the strictest gun laws in the nation, designed to control firearm ownership and reduce gun violence. The following are some key laws and regulations you should be aware of:

• N.J.S.A. 2C:39-5b: This statute covers unlawful possession of a weapon. It’s illegal to possess a firearm without a valid permit, and certain weapons are completely prohibited.
• N.J.S.A. 2C:39-4: This law prohibits the possession of a firearm for an unlawful purpose. This means having a gun with the intent to use it to commit a crime.
• Graves Act: This mandatory minimum sentencing law requires a prison sentence for certain gun crimes, even for first-time offenders.
• Permit to Purchase a Handgun: To legally purchase a handgun in New Jersey, you need to obtain a Permit to Purchase a Handgun from your local police department.
• Firearm Purchaser Identification Card (FPIC): You must have an FPIC to purchase any firearm in New Jersey, including long guns.

Common Handgun Charges in Fort Lee, NJ

Here are some of the most common handgun charges we defend against in Fort Lee:

• Unlawful Possession of a Handgun: Possessing a handgun without a valid permit.
• Possession of a Weapon for an Unlawful Purpose: Possessing a handgun with the intent to use it to commit a crime.
• Certain Persons Not to Have Weapons: Prohibits individuals with certain criminal convictions from possessing firearms.
• Unlawful Possession of a Large Capacity Ammunition Magazine: Prohibits possession of magazines that hold more than 10 rounds of ammunition.
• Defaced Firearms: Prohibits possession of a firearm with a defaced or altered serial number.
• Transporting Firearms: Specific rules govern how firearms must be transported in New Jersey.

Penalties for Handgun Charges in Fort Lee, NJ

The penalties for handgun charges in New Jersey can be severe, depending on the specific charge, your criminal history, and the circumstances of the offense. Here are some potential penalties:

• Prison Sentences: Unlawful possession of a handgun is a second-degree crime, punishable by 5 to 10 years in prison. The Graves Act may impose mandatory minimum sentences for certain firearm offenses.
• Fines: Fines can range from thousands to hundreds of thousands of dollars.
• License Suspension: Your driver’s license may be suspended for a period of time.
• Loss of Gun Rights: You may lose your right to own or possess firearms.
• Other Consequences: A conviction for a gun charge can affect your employment, housing, and other aspects of your life.

Defenses to Handgun Charges 

There are several potential defenses to handgun charges in New Jersey. Some common defenses include:

• Lack of Knowledge or Possession: If you didn’t know the gun was there or it didn’t belong to you, this could be a defense.
• Valid Permit: If you had a valid permit in New Jersey to possess the firearm, this is a complete defense.
• Invalid Search and Seizure: If the police obtained the gun through an illegal search and seizure, the evidence may be inadmissible in court.
• Necessity: If you used the gun to defend yourself or others from imminent danger, this could be a defense.
• Duress: If you were forced to commit the crime under threat of harm, this may be a defense.

Brett M. Rosen will carefully evaluate the facts of your case and determine the strongest possible defenses to pursue on your behalf.

Domestic Violence & Handgun Charges in Fort Lee, NJ

In Fort Lee, New Jersey, handgun charges become even more complex when intertwined with domestic violence allegations. Law enforcement takes a zero-tolerance approach to firearms in domestic disputes, often leading to immediate confiscation of weapons and harsher charges. Under New Jersey’s Prevention of Domestic Violence Act, a temporary restraining order (TRO) can be issued, leading to the removal of firearms from the home and prohibiting further possession. Furthermore, a conviction for a domestic violence offense, even a disorderly persons offense, results in a lifetime ban on firearm ownership in the state. This intersection of gun charges and domestic violence necessitates a nuanced defense strategy, addressing both the criminal charges and potential restraining order implications. A skilled Fort Lee attorney experienced in both firearms and domestic violence law is crucial to navigate these complex legal matters, protect your rights, and potentially mitigate long-term consequences.

The Importance of an Experienced Handgun Charge Lawyer 

Gun charges are complex and carry serious consequences. You need an attorney who is well-versed in New Jersey gun laws and has a proven track record of success in defending clients against these charges.

Brett M. Rosen, Esq., has extensive experience handling gun cases in Fort Lee and throughout New Jersey. He understands the nuances of these laws and knows how to navigate the legal system to protect your rights. He will meticulously investigate your case, gather evidence, and build a strong defense strategy tailored to your specific situation.

Here’s what we can do for you:

• Thorough Investigation: We will leave no stone unturned in our investigation. We will review police reports, interview witnesses, and analyze any available evidence to identify any potential weaknesses in the prosecution’s case.
• Expert Witnesses: We may consult with experts in firearms, ballistics, or other relevant fields to strengthen your defense.
• Motion Practice: We will file motions to suppress evidence, challenge the legality of the search and seizure, and advocate for your rights in court.
• Negotiation: We will negotiate with the prosecutor to try to get the charges reduced or dismissed.
• Trial Representation: If your case goes to trial, we will provide you with zealous representation and fight for the best possible outcome.

Frequently Asked Questions (FAQs) 

1. What should I do if I’m arrested for a gun charge in Fort Lee, NJ?

If you are arrested for a gun charge in Fort Lee, it’s crucial to remain silent and invoke your right to an attorney. Don’t answer any questions or provide any statements to the police without speaking to an attorney first. Anything you say can be used against you in court.

2. Can I get a handgun charge expunged from my record?

Expungement of a handgun charge is possible in certain circumstances. However, it’s a complex process with specific eligibility requirements. An attorney can advise you on whether you are eligible for expungement and guide you through the process.

3. Can I still own a gun if I have a prior conviction?

In New Jersey, it’s illegal for certain individuals with prior convictions to possess firearms. This includes convictions for certain felonies, domestic violence offenses, and drug crimes. An attorney can review your criminal history and advise you on your eligibility to own a gun.

4. What is the Graves Act?

The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun and possession of a weapon for an unlawful purpose. It also restricts the possibility of early release on parole.

5. How much does it cost to hire a handgun charge lawyer?

Attorney fees vary depending on the complexity of the case, the attorney’s experience, and other factors. The Law Offices of Brett M. Rosen, Esq. offer free consultations to discuss your case and provide you with a fee estimate.

6. What are the potential consequences of a handgun charge conviction?

A conviction for a handgun charge can have severe consequences, including prison time, fines, loss of gun rights, and a permanent criminal record. It can also affect your employment, housing, and other aspects of your life.

7. What should I look for in a handgun charge lawyer?

When choosing an attorney for your handgun charge defense, look for someone with experience handling gun cases, knowledge of New Jersey gun laws, a strong track record

8. What are the steps in a typical handgun charge case?

The process for a handgun charge case can vary depending on the circumstances and the specific court where the case is being heard. Generally, the steps include:

• Arrest and Booking: If you’re arrested for a handgun charge, you will be taken into custody and booked at the police station. You may be held for a detention hearing or released on your own recognizance.
• First Appearance: You will have an initial appearance before a judge, where you will be informed of the charges against you and your rights.
• Pre-Trial Motions: Your attorney may file pre-trial motions to suppress evidence or challenge the legality of the search and seizure.
• Plea Negotiations: Your attorney may negotiate with the prosecutor to try to reach a plea deal for reduced charges or a more lenient sentence.
• Trial: If a plea deal is not reached, the case will go to trial. You have the right to a jury trial, but you can also choose to have a bench trial, where the judge decides the case.
• Sentencing: If you are convicted, the judge will impose a sentence, which may include jail time, fines, probation, and other penalties.

9. Will I be able to get a job with a handgun charge on my record?

A conviction for a handgun charge can make it difficult to find employment, especially in certain fields. Many employers conduct background checks and may be hesitant to hire someone with a criminal record. However, if you have a clean record otherwise, you may still be able to find employment. An attorney can advise you on how to mitigate the impact of a conviction on your job prospects.

10. Can I appeal a handgun charge conviction?

If you are convicted of a handgun charge, you have the right to appeal the conviction. An appeal is a complex process, and you will need an attorney to represent you. An appeal may be based on errors of law, procedural errors, or new evidence that was not available at the time of the trial.

Handgun Lawyer Fort Lee, New Jersey-Call Now!

Facing handgun charges in Fort Lee, New Jersey, can be a daunting experience. The consequences can be severe, and the legal process can be complex. But you don’t have to go through it alone.

Brett M. Rosen, Esq., is a dedicated and experienced handgun charge lawyer who will fight for your rights and protect your future. We understand the seriousness of the situation and will work tirelessly to achieve the best possible outcome for your case.

Don’t wait to get the legal help you need. Contact the Law Offices of Brett M. Rosen, Esq. today for a free consultation. We are here to help you through this difficult time.

If you or a loved one has been charged with a handgun offense in Fort Lee, NJ, don’t hesitate to contact us today. We offer a free consultation and are available 24/7 to discuss your case. Your future is on the line, and we are here to fight for you.

908-312-0368 or brett@nynjcriminalcivilesq.com