Union County Handgun Charge Attorney

Illegal Handgun Charge Lawyer Union County, New Jersey

Have you been arrested or charged with a handgun offense in Union County, New Jersey? The gravity of the situation cannot be overstated. Gun charges in New Jersey are among the most serious criminal offenses, carrying severe penalties, including lengthy prison sentences, hefty fines, and a lasting criminal record. Your future, freedom, and reputation are at stake.

Brett M. Rosen, Esq., is a leading criminal defense attorney in New Jersey with a proven track record of successfully defending clients against handgun charges in Union County. We understand the intricacies of New Jersey’s complex gun laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our firm is dedicated to providing you with the highest quality legal representation, protecting your rights, and fighting for the best possible outcome in your case.

Why Choose Brett M. Rosen, Esq. for Your Union County, New Jersey Handgun Charge Defense?

• Extensive Experience: Our attorneys have decades of combined experience defending clients against a wide array of handgun charges, from unlawful possession to weapons trafficking. We have an in-depth understanding of the specific legal challenges you face and the strategies necessary to build a strong defense.
• Proven Results: We have a track record of success in securing favorable outcomes for our clients, including dismissals, reduced charges, acquittals, and minimized sentences. Our commitment to achieving results is unwavering.
• Local Knowledge: We are deeply familiar with the Union County court system. This knowledge allows us to navigate the legal process efficiently and effectively advocate for your interests.
• Client-Focused Approach: We understand that facing a handgun charge is stressful and overwhelming. We prioritize open communication, personalized attention, and ensuring our clients feel informed and empowered throughout their case. We are available 24/7 to answer your questions and address your concerns.
• Aggressive Advocacy: We are relentless in our pursuit of justice and will leave no stone unturned in building a strong defense on your behalf. We will meticulously examine the evidence, challenge the prosecution’s case, and fight for your rights every step of the way.
• Compassionate Support: We understand the emotional toll that criminal charges can have on individuals and their families. We offer empathetic and understanding support throughout the legal process.

Understanding Handgun Charges in New Jersey

New Jersey has some of the strictest gun control laws in the nation. The state heavily regulates the possession, sale, and use of firearms, including handguns. Handgun charge in Union County, NJ falls under New Jersey Statute 2C:39-5(b), which states: 

• b. Handguns. (1) 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 three (3) elements beyond a reasonable doubt in order to convict a defendant of unlawful possession of a handgun. New Jersey Model Jury Charge states that the following three elements are:

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.

It further states that, “[i]f you [the jury] find that the State has failed to prove any of the elements of the crime beyond a reasonable doubt, your verdict must be not guilty.” For example, if the prosecutor did not prove that the defendant knowingly possessed the handgun, then the jury’s verdict must be not guilty. 

Penalties for Handgun Charges in Union County:

The penalties for handgun charges in Union County, New Jersey can be severe and vary depending on the specific offense, your criminal history, and any aggravating factors involved. Potential consequences include:

• Fines: Ranging from thousands to tens of thousands of dollars.
• Prison Time: New Jersey’s Graves Act imposes mandatory minimum sentences for certain gun crimes, including unlawful possession of a handgun, which can result in up to ten years in prison. 42 months of which must be served in prison before being eligible for parole. 
• Loss of Firearm Rights: A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms.
• Other Consequences: Additional penalties may include probation, community service, and forfeiture of the weapon.

The Graves Act Could Impact Your Future

New Jersey takes gun crimes very seriously, as you can see from the penalties above, and the Graves Act is a prime example of this strict stance. If you’re facing handgun charges in Union County, it’s crucial to understand how the Graves Act could significantly impact your case.

What is the Graves Act?

The Graves Act is a New Jersey law (N.J.S.A. 2C:43-6) that imposes mandatory minimum prison sentences and parole ineligibility for certain firearm offenses. It’s designed to deter gun violence and ensure severe consequences for those who violate gun laws.

How Does the Graves Act Apply to Handgun Charges?

If you’re convicted of specific handgun-related offenses under the Graves Act, you could face:

• Mandatory minimum prison sentences: The sentence imposes a minimum of 42 months.
• Parole ineligibility: You may be required to serve a significant portion of your sentence (at least one-third) before becoming eligible for parole.

What Offenses Trigger the Graves Act?

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

• Unlawful possession of a handgun
• Possession of a handgun during the commission of a crime
• Possession of certain prohibited weapons (e.g., sawed-off shotguns, silencers)
• Certain offenses involving defaced firearms

Defenses Against Handgun Charges in Union County

Each handgun charge case is unique, and the most effective defense strategy will depend on the specific facts and circumstances of your situation. Some common defenses that Brett M. Rosen, Esq., may explore include:

• Lack of Possession: We can challenge the prosecution’s evidence and argue that you did not actually possess the handgun or that you were unaware of its presence. We may question the reliability of witnesses, challenge the legality of the search that led to the discovery of the weapon, or raise doubts about your alleged connection to the firearm.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court. We will scrutinize the circumstances surrounding the search and seizure to determine if your rights were violated.
• Valid Permit/License: If you possessed a valid permit or license to carry or transport the handgun, this can be a complete defense to certain charges. We will thoroughly review your permits and licenses to ensure they are valid and applicable to the circumstances of your case.
• Lack of Intent: For charges like possession of a weapon for an unlawful purpose, we may argue that you did not have the intent to use the handgun for a criminal act. This may involve demonstrating that you were transporting the weapon for a legitimate purpose, such as going to or from a shooting range.
• Self-Defense: If you possessed the handgun for self-defense purposes and your use of it was reasonable and justified, this may be a valid defense. We will carefully evaluate the circumstances surrounding the incident and determine if self-defense applies.
• Entrapment: If law enforcement induced or coerced you into committing a gun offense, you may have a defense of entrapment. This requires showing that you would not have committed the crime but for the actions of law enforcement.
• Necessity: In rare cases, if you possessed the handgun to prevent imminent harm to yourself or others, and your actions were reasonable under the circumstances, this could be a viable defense.

Frequently Asked Questions About Handgun Charges in Union County, NJ

1. What should I do if I am arrested for a handgun offense in Union County, NJ?

   The most important thing is to remain silent and invoke your right to an attorney. Do not answer any questions from law enforcement without your lawyer present. Anything you say can be used against you in court.

2. Can I get a handgun charge dismissed in Union County?

   The possibility of dismissal depends on the specifics of your case, the evidence against you, and the strength of your defense. An experienced attorney can assess your case and advise you on the likelihood of dismissal.

3. Can I get a handgun charge expunged from my record in New Jersey? Certain gun charges may be eligible for expungement after a waiting period, depending on the specific offense and your criminal history. An attorney can help you determine your eligibility for expungement.

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. However, there are potential exceptions and waivers that an experienced attorney can explore on your behalf.

5. What are the consequences of a handgun conviction on my gun rights? A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms. This can have significant implications for your personal life and recreational activities.

6. Can I still own a gun if I have a prior criminal conviction? Certain prior convictions, such as felonies or certain misdemeanor offenses, can disqualify you from owning or possessing a firearm in New Jersey. It’s crucial to consult with an attorney to understand your specific eligibility.

7. What should I look for in a handgun charge lawyer? Look for an attorney with extensive experience in handling gun cases, a thorough understanding of New Jersey gun laws, and a proven track record of success in Union County courts. You should also choose an attorney who is responsive, communicative, and dedicated to protecting your rights.

8. How much does a handgun charge lawyer cost in Union County? Legal fees vary depending on the complexity of your case, the experience of the attorney, and the length of representation. Most criminal defense attorneys offer free consultations to discuss your case and provide a fee estimate.

Gun Lawyer Elizabeth NJ

If you’re facing a handgun charge in Union County, New Jersey, don’t navigate the legal system alone. Contact Brett M. Rosen, Esq., for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and fight for your future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.