Unlawful Handgun Attorney in Elizabeth, New Jersey 

New Jersey has strict gun laws, and a conviction for unlawful possession of a handgun can carry severe consequences, including prison time. If you’ve been charged with this serious offense in Elizabeth, it’s crucial to seek immediate legal representation. Brett M. Rosen, Esq. are dedicated to protecting your rights and building a strong defense strategy. If you’re charged with unlawful possession of a handgun in Elizabeth, NJ, Brett M. Rosen is the attorney you need. His expertise in New Jersey gun laws and the Graves Act, combined with a proven track record of defending weapons charges, makes him an invaluable asset. Rosen’s aggressive legal representation and strategic defense tactics are tailored to each case, ensuring the best possible outcome. With mandatory minimum sentences at stake, having Rosen’s experience can be the difference between freedom and incarceration. Trust in his recognized legal acumen to navigate your case through the complexities of the legal system.

Contact us today for a free consultation at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com. 

Understanding Unlawful Possession of a Handgun in Elizabeth, NJ

In New Jersey, it’s illegal to possess a handgun without a valid permit to carry. N.J.S.A. 2C:39-5b states that anyone who knowingly possesses a handgun without a permit is guilty of a second-degree crime. Specifically, the law states that:

• Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree.

The Prosecutor must prove each element of a handgun charge beyond a reasonable doubt. The elements for an unlawful handgun are the following:

1. S-___ is a handgun (CHARGE IF APPROPRIATE: That there was a
   handgun);
2. That the defendant knowingly possessed the handgun; and
3. That the defendant did not have a permit to possess such a weapon.

If the Union County Prosecutor’s Office fails to prove just one element beyond a reasonable doubt, then the defendant must be found not guilty. 

Penalties and Consequences for Unlawful Possession of a Handgun

Unlawful possession of a handgun is a second-degree crime, subject to the Graves Act, which mandates a minimum prison sentence. Penalties can include:

• Prison Time: 5 to 10 years in state prison
• Fines: Up to $150,000
• Parole Ineligibility: Mandatory minimum sentence of 42 months under the Graves Act
• Criminal Record: A criminal record can impact your employment, housing, and other opportunities.

An unlawful possession of a handgun can become a first-degree crime if the defendant has a prior indictable or felony crime on their record. A defendant charged with a first-degree handgun charge in New Jersey faces a minimum of 10 years and a maximum of 20 years in state prison. The fines also increase to a maximum of $200,000. 

The Graves Act: Mandatory Minimums for Gun Crimes in New Jersey

The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences and parole disqualifiers for certain gun-related offenses. It was enacted to deter gun violence and ensure severe penalties for those who violate gun laws.

Crimes Covered by the Graves Act:

The Graves Act applies to a wide range of firearm offenses, including:

• Unlawful possession of a handgun
• Possession of a firearm for an unlawful purpose
• Possession of certain prohibited weapons (e.g., sawed-off shotguns, defaced firearms)
• Certain crimes committed while possessing a firearm

Mandatory Minimum Sentences:

The Graves Act mandates specific minimum prison sentences, depending on the degree of the crime:

• Second-degree crimes: (e.g., unlawful possession of a handgun) – 42 months of parole ineligibility
• Third-degree crimes: (e.g., certain offenses with a firearm) – 36 months of parole ineligibility
• Fourth-degree crimes: (e.g., possession of a defaced firearm) – 18 months of parole ineligibility

Important Note:

The Graves Act significantly limits a judge’s discretion in sentencing. Even first-time offenders with no prior criminal history can face mandatory prison time if convicted of a Graves Act offense.

If you are facing charges under the Graves Act, it’s imperative to have a skilled attorney on your side who understands the intricacies of this law and can fight for your rights. Contact Brett M. Rosen, Esq. for a free consultation to discuss your case and learn how we can help you navigate this complex legal landscape.

Why Choose Brett M. Rosen, Esq. for Your Unlawful Possession of a Handgun Case

• Local Expertise: We have extensive experience handling gun crime cases in Elizabeth and throughout Union County.
• Aggressive Defense: We will meticulously investigate the circumstances of your arrest, challenge the evidence, and explore all possible legal defenses.
• Knowledge of Gun Laws: We stay up-to-date on the complex and evolving landscape of New Jersey’s gun laws to ensure your rights are fully protected.
• Proven Results: We have a strong track record of successfully defending clients against serious gun charges.
• Client-Focused Approach: We understand the stress and uncertainty you’re facing. We will guide you through every step of the process, keeping you informed and providing compassionate support.

Potential Defenses to Unlawful Possession of a Handgun Charges in Elizabeth, NJ

Defending against unlawful possession of a handgun charges requires a meticulous examination of the evidence and a strategic approach. Some of the defenses that we may employ include:

• Lack of Possession: We can challenge the prosecution’s evidence by arguing that you were not in actual or constructive possession of the handgun. This could involve demonstrating that the weapon did not belong to you, that you were unaware of its presence, or that you were not in control of the area where it was found.
• Valid Permit to Carry: If you possessed a valid New Jersey permit to carry the handgun at the time of your arrest, this is a complete defense to the charge.
• Temporary Lawful Possession: New Jersey law recognizes certain exceptions to the requirement of a permit to carry. If you temporarily possessed the handgun for a lawful purpose, such as self-defense in the face of an immediate threat, or to transport it directly to law enforcement, this could be a valid defense.
• Invalid Stop or Search: If the police obtained the handgun through an illegal stop, search, or seizure, the evidence may be inadmissible in court, leading to a dismissal of the charges. This requires a thorough examination of the circumstances surrounding your arrest to ensure your constitutional rights were not violated.
• Entrapment: If law enforcement induced or coerced you into possessing the handgun, this could be a viable defense.

Important Considerations:

• Each case is unique, and the specific defenses available will depend on the facts and circumstances surrounding your arrest.
• An experienced criminal defense attorney can thoroughly evaluate the evidence, identify the strongest defenses, and develop a tailored strategy to protect your rights.

If you are facing unlawful possession of a handgun charges in Elizabeth, NJ, don’t leave your future to chance. Contact Brett M. Rosen, Esq. for a free consultation. We will review your case, explain your options, and fight tirelessly to protect your freedom.

FAQs About Unlawful Possession of a Handgun Charges in Elizabeth, NJ

Handgun charges in Elizabeth, Linden, Plainfield, or anywhere in Union County, New Jersey are taken very seriously. Below are some frequently asked questions that might be able to guide you or a loved one facing this charge.

Your Burning Questions Answered

Q: What is the Graves Act? A: The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences for certain gun-related crimes, including unlawful possession of a handgun.

Q: Can I go to jail for simply possessing a handgun without a permit? A: Yes, unlawful possession of a handgun is a second-degree crime in New Jersey, punishable by 5 to 10 years in state prison, even for first-time offenders.

Q: Can I get a permit to carry a handgun in New Jersey? A: New Jersey has very strict requirements for obtaining a permit to carry a handgun, and the process can be complex. It’s essential to consult with an attorney to understand your options.

Q: What should I do if I’m arrested for unlawful possession of a handgun? A: Remain silent, ask for a lawyer, and do not speak to the police without legal counsel present. Your attorney can advise you on how to proceed and protect your rights.

Q: Can I be charged even if the handgun was not registered to me? A: Yes, you can be charged with unlawful possession even if the handgun belongs to someone else. Possession can be actual (on your person) or constructive (under your control).

Q: What are the potential defenses to an unlawful possession of a handgun charge? A: Possible defenses include lack of possession, valid permit to carry, temporary lawful possession, illegal search and seizure, and entrapment.

Q: Will a conviction for unlawful possession of a handgun permanently affect my life? A: Yes, a conviction can result in a criminal record, impact your ability to find employment or housing, and lead to other collateral consequences.

Q: How can a lawyer help me with an unlawful possession of a handgun charge? A: A skilled attorney can investigate the facts of your case, challenge the evidence, negotiate with the prosecutor, and present the strongest possible defense in court.

FAQs continued on Unlawful Possession of a Handgun in Elizabeth, NJ

1. What if I had a valid firearm permit from another state? Does the Graves Act still apply?

• The Graves Act applies even if you have a valid permit from another state. To legally possess a handgun in New Jersey, you must have a valid New Jersey Permit to Carry or a Firearms Purchaser Identification Card (FPIC).

2. Can I be charged with unlawful possession even if I didn’t know the gun was in my car or home?

• Yes, you can be charged with constructive possession even if you didn’t know the gun was there, as long as it was found in a place you control (your car, home, etc.).

3. What happens if the gun wasn’t loaded? Does that affect the charges?

• While the gun being unloaded may be a mitigating factor during sentencing, it doesn’t necessarily negate the unlawful possession charge itself. New Jersey gun laws are strict, and even unloaded firearms can lead to serious charges.

4. Can I be charged with additional crimes if I’m caught with a handgun and drugs?

• Yes, possessing a firearm while committing a drug offense carries enhanced penalties under New Jersey law. This is known as a “certain persons” offense and can result in a mandatory minimum sentence with no possibility of parole.   

5. What if the police found the handgun during an illegal search?

• If the police violated your Fourth Amendment rights by conducting an unlawful search and seizure, your attorney can file a motion to suppress the evidence. If successful, this could lead to the handgun being excluded from evidence and potentially a dismissal of the charges.   

   

6. What are the long-term consequences of an unlawful possession of a handgun conviction?

• Besides the immediate penalties of jail time and fines, a conviction can have lasting effects:

  • Criminal record
  • Loss of firearm rights
  • Difficulty finding employment or housing
  • Impact on professional licenses
  • Potential immigration consequences

7. Are there any alternatives to jail time for a first-time offender charged with unlawful possession?

• In some very limited circumstances, a first-time offender might be eligible for Pretrial Intervention (PTI) or a Graves Act waiver, which could result in avoiding jail time. However, these options are not guaranteed, and an attorney’s advocacy is crucial.

8. Can I expunge an unlawful possession of a handgun conviction from my record in NJ?

• Generally, unlawful possession of a handgun conviction is not eligible for expungement in New Jersey. However, there may be limited exceptions in cases where a Graves Act waiver was granted.

9. What if I was merely transporting a handgun for someone else?

• Even transporting a handgun without a valid permit can lead to charges. The prosecution must prove you knew the gun was present and that you were transporting it without authorization.

10. What are some common mistakes people make when facing unlawful possession of a handgun charges?

• Common mistakes include:

  • Talking to the police without an attorney
  • Consenting to searches without a warrant
  • Not taking the charges seriously
  • Delaying in seeking legal representation

Remember, consulting an experienced criminal defense attorney is crucial if you’re facing unlawful possession of a handgun charges in Elizabeth, NJ. The Law Offices of Brett M. Rosen, Esq., are ready to provide the dedicated and knowledgeable representation you need.

Act Now to Protect Your Future

If you’re facing unlawful possession of a handgun charges in Elizabeth, NJ, don’t delay. The sooner you have a skilled attorney on your side, the better your chances of achieving a positive outcome. When charged with unlawful possession of a handgun in Elizabeth, NJ, it’s crucial to have a defense attorney like Brett M. Rosen, whose expertise can make a decisive difference in your case. Here’s an in-depth look at why Brett M. Rosen is the right choice:

Contact Brett M. Rosen, Esq. today for a free consultation to discuss your case and start building your defense. 908-312-0368 & brett@nynjcriminalcivilesq.com.