Possession of Weapons Attorney Elizabeth New Jersey

A weapons charge in Elizabeth, New Jersey, is a serious matter with potentially severe consequences. Whether you’ve been accused of unlawful possession of a firearm, carrying a concealed weapon, or any other weapons offense, it’s crucial to understand the charges against you and your legal rights. At the Law Offices of Brett M. Rosen, Esq., we have extensive experience defending clients against weapons charges in Union County, and we’re here to help you navigate this challenging situation.

Understanding Weapons Charges in Elizabeth, NJ:

New Jersey has strict gun laws, and the penalties for weapons offenses can be harsh. Depending on the specific charge and the circumstances of your case, you could face:

• Prison time: Ranging from several months to years in state prison.
• Heavy fines: Thousands of dollars in fines and court fees.
• Forfeiture of the weapon: Loss of your firearm and any other weapons seized.
• Criminal record: A permanent mark on your record that can impact your employment, housing, and other opportunities.

Common Weapons Charges in Elizabeth:

• Unlawful Possession of a Weapon: Possessing a firearm without a valid permit or license.
• Possession of a Weapon for an Unlawful Purpose: Carrying a weapon with the intent to use it in a crime.
• Certain Persons Not to Have Weapons: Prohibits individuals with certain criminal convictions from possessing firearms.
• Defaced Firearms: Possessing a firearm with an altered or obliterated serial number.
• Carrying a Concealed Weapon: Carrying a weapon hidden on your person without a permit.

Defending Against Weapons Charges in Elizabeth, NJ

Facing a weapons charge in Elizabeth, New Jersey, is a serious matter with potential consequences including jail time, fines, and a criminal record. However, you are not without options. Brett M. Rosen, Esq. has a proven track record of successfully defending clients against weapons charges in Union County. We understand the intricacies of New Jersey gun laws and will meticulously analyze every aspect of your case to build the strongest possible defense.

Potential Defenses Against Weapons Charges:

While every case is unique, here are some of the common defenses we may employ:

1. Illegal Search and Seizure:

• Fourth Amendment Violations: If the police obtained the weapon through an unlawful search or seizure (e.g., without a warrant, probable cause, or valid consent), the evidence may be inadmissible in court. We can file a motion to suppress the evidence, potentially leading to dismissal of the charges.
• Miranda Rights Violations: If your Miranda rights (right to remain silent, right to an attorney) were violated during your arrest or interrogation, any statements you made could be inadmissible.

2. Lack of Knowledge or Possession:

• You Didn’t Know It Was There: Perhaps the weapon was planted or belonged to someone else. If we can prove you had no knowledge of its presence, this is a strong defense.
• You Didn’t Know It Was a Weapon: Maybe you believed it was a toy or a non-functioning replica. Demonstrating a lack of awareness of the item’s true nature could be key.

3. Self-Defense or Defense of Others:

• Justifiable Use of Force: If you possessed the weapon to protect yourself or someone else from imminent harm, this can be a valid defense. The circumstances must meet specific legal criteria for self-defense to apply. We can help you gather evidence to support this claim.

4. Invalid Weapon or Permit:

• The Item Isn’t a Weapon: We can challenge the prosecution’s claim that the item in question is a weapon under New Jersey law. If it doesn’t meet the legal definition, the charges may be dismissed.
• Valid Permit: If you had a valid New Jersey permit or license to possess the weapon, this is a complete defense. 

5. Other Defenses:

• Entrapment: If law enforcement used coercive tactics or undue influence to induce you to commit a crime you wouldn’t have otherwise committed, this could be a defense.
• Mistaken Identity: If there’s a chance you were misidentified as the person possessing the weapon, we can gather evidence to support this claim.

The Graves Act and Mandatory Minimums:

New Jersey’s Graves Act imposes mandatory minimum sentences for certain weapons offenses, including unlawful possession of a firearm. However, even in these cases, there may be opportunities to challenge the applicability of the Graves Act or negotiate a plea deal for a lesser offense.

Why Choose Brett M. Rosen, Esq.:

Brett M. Rosen, Esq. is an experienced criminal defense attorney with a deep understanding of New Jersey gun laws and the Elizabeth court system. He will:

• Conduct a thorough investigation of your case.
• Challenge the prosecution’s evidence at every turn.
• Explore all possible defenses and legal strategies.
• Negotiate with the prosecutor for a reduced charge or dismissal.
• Vigorously defend your rights in court.

If you are facing weapons charges in Elizabeth, NJ, don’t hesitate to contact Brett M. Rosen, Esq. for a free consultation. We are here to help you understand your options and fight for the best possible outcome in your case.

The Graves Act:

New Jersey’s Graves Act imposes mandatory minimum sentences for certain weapons offenses, even for first-time offenders. This means a conviction could result in a mandatory prison sentence without the possibility of parole for a specific period.

Weapons Charges in Elizabeth, NJ: Your Questions Answered 

Being charged with a weapons offense in Elizabeth, New Jersey, can be a daunting experience. The legal complexities, potential penalties, and impact on your future can be overwhelming. At the Law Offices of Brett M. Rosen, Esq., we understand the stress and anxiety you’re facing. This FAQ page aims to provide answers to some of the most common questions we receive from clients facing weapons charges in Elizabeth.

1. What are the penalties for weapons offenses in New Jersey? The penalties vary widely depending on the specific charge, the type of weapon involved, and your criminal history. They can range from probation and fines to several years in prison. Some offenses, like certain violations of the Graves Act, carry mandatory minimum sentences.

2. What if I had a valid reason for possessing the weapon? Even if you believe you had a valid reason, such as self-defense, it’s important to understand that New Jersey has strict gun laws. The burden of proof rests on you to demonstrate that your possession was justified.

3. What if I didn’t know I was carrying a weapon? Lack of knowledge can be a potential defense, but it depends on the circumstances. It’s crucial to consult with an attorney who can evaluate your case and determine the viability of this defense.

4. What should I do if I’m arrested for a weapons offense in Elizabeth? Invoke your right to remain silent and ask for an attorney immediately. Anything you say to the police can be used against you in court. An attorney can protect your rights and advise you on the best course of action.

5. What defenses are available for weapons charges? Potential defenses include illegal search and seizure, lack of knowledge, self-defense, invalid weapon or permit, entrapment, and mistaken identity. An experienced attorney can assess your case and determine the most appropriate defense strategy.

6. What is the Graves Act, and how does it affect my case? The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a firearm. If your charge falls under the Graves Act, it’s crucial to have an attorney who understands how to navigate this complex law.

7. Can I get my gun rights back after a conviction? In most cases, a conviction for a weapons offense will result in the loss of your right to possess firearms in New Jersey. Regaining your gun rights can be a complex process and may not be possible in all cases.

8. How can an Elizabeth, NJ weapons charge lawyer help me? An attorney can investigate the facts of your case, challenge the evidence against you, negotiate with the prosecutor, and fight for your rights in court. They can also help you understand the potential consequences of a conviction and explore options for minimizing the impact on your life.

9. How much does it cost to hire a lawyer for a weapons charge in Elizabeth? Attorney fees can vary depending on the complexity of your case and the experience of the lawyer. Many attorneys offer free consultations to discuss your case and provide fee estimates.

10. Why should I choose Brett M. Rosen, Esq. for my weapons charge case? Brett M. Rosen, Esq. has extensive experience defending clients against weapons charges in Elizabeth and throughout Union County. He is dedicated to providing personalized attention, aggressive representation, and a commitment to protecting your rights and achieving the best possible outcome in your case.

Why You Need an Experienced Elizabeth, NJ Weapons Charge Lawyer: