Handgun Charge Attorney Fort Lee, NJ

Illegal Handgun Lawyer Fort Lee, New Jersey

A handgun charge in Fort Lee, New Jersey, is a serious matter with potentially life-altering consequences. The mere accusation can damage your reputation, cost you your freedom, and severely restrict your future opportunities. Whether you are facing charges of unlawful possession, possession with an unlawful purpose, or any other firearm-related offense, it is crucial to seek immediate legal representation.

Brett M. Rosen, Esq., is a highly experienced criminal defense lawyer with a proven track record of success in defending clients against handgun charges in Fort Lee and throughout Bergen County. We understand the complexities of New Jersey’s gun laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our unwavering commitment to our clients, combined with our aggressive advocacy, sets us apart as the go-to choice for those facing handgun charges in Fort Lee.

Understanding Handgun Charges in Fort Lee, NJ: N.J.S.A. 2C:39-5b

N.J.S.A. 2C:39-5b is the New Jersey statute that governs unlawful possession of a handgun. It is a complex law with several subsections that cover various scenarios. In general, it prohibits the possession of a handgun without a permit to carry. However, there are exceptions and nuances that require a thorough understanding of the law.

Specific Offenses Under N.J.S.A. 2C:39-5b:

• (b): Knowingly having a handgun in your possession or under your control without a permit to carry. This includes possession in your home, car, or on your person.
• (b)(1): Possessing a handgun without a permit to carry is a second-degree crime, punishable by 5-10 years in prison and a fine of up to $150,000.
• (b)(2): Possessing a handgun with a defaced serial number is a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000.
• (b)(3): Possessing a firearm after being convicted of certain crimes, such as aggravated assault, robbery, or drug offenses, is a second-degree crime.

Why Handgun Charges in Fort Lee Are a Serious Matter

The consequences of a handgun conviction in Fort Lee can be devastating, including:

• Severe Penalties: New Jersey’s gun laws are among the toughest in the nation. A conviction for unlawful possession of a handgun can result in significant prison time, even for first-time offenders.
• The Graves Act: This law imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means you may not be eligible for parole until you have served a significant portion of your sentence.
• Loss of Gun Rights: A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms.
• Collateral Consequences: A criminal record can have a ripple effect, impacting your ability to secure employment, housing, professional licenses, and even educational opportunities.
• Stigma and Reputation Damage: Being labeled a criminal can have a devastating impact on your reputation and relationships.

The Graves Act

The Graves Act, enshrined in New Jersey’s criminal code as N.J.S.A. 2C:43-6, casts a long and imposing shadow over gun possession offenses within the state. This stringent law mandates minimum prison sentences for individuals convicted of certain firearm crimes, even for first-time offenders. The intent behind the Graves Act is to deter gun violence by imposing harsh penalties on those who possess firearms illegally or use them in the commission of a crime.

Specifically, the Graves Act applies to a range of offenses involving handguns, including unlawful possession of a handgun without a permit to carry, possession of a handgun with the intent to use it unlawfully, and possession of certain prohibited weapons like sawed-off shotguns. Under the Graves Act, if you are convicted of one of these offenses, the judge is required to impose a mandatory minimum prison sentence. This means that even if there are mitigating circumstances in your case, the judge does not have the discretion to impose a lesser sentence or probation. The mandatory minimum sentences can range from three & half years to five years for a first-time offender, with longer sentences for subsequent offenses or if the firearm was used in a violent crime.

New Jersey’s Red Flag Law: What Handgun Owners in Fort Lee Need to Know

New Jersey’s Red Flag Law, officially known as the Extreme Risk Protective Order Act, is a gun violence prevention measure that empowers courts to temporarily remove firearms from individuals deemed a danger to themselves or others. While the law aims to enhance public safety, it also raises concerns about due process and the Second Amendment rights of gun owners.

What is a Red Flag Law?

Red Flag Laws, also known as Extreme Risk Protection Orders (ERPOs), are legal mechanisms that allow temporary removal of firearms from individuals who pose a significant risk of harming themselves or others. These laws are designed to prevent gun violence before it occurs by providing a legal avenue for concerned family members, household members, or law enforcement officers to intervene.

How Does New Jersey’s Red Flag Law Work?

In New Jersey, the Red Flag Law allows a family or household member, or a law enforcement officer, to petition the court for a temporary ERPO. The petitioner must provide evidence demonstrating that the individual poses a significant risk of harm. If the court finds sufficient evidence, a temporary ERPO can be issued, prohibiting the individual from purchasing or possessing firearms for up to ten days.

After the temporary order is issued, a hearing must be held within ten days to determine whether a final ERPO should be issued. A final ERPO can last up to one year and can be renewed for additional one-year periods.

Implications for Handgun Owners in Fort Lee, NJ

• Temporary Removal of Firearms: If a temporary ERPO is issued against you, law enforcement can seize your firearms, including handguns, for up to ten days. This removal can occur without a warrant if there is probable cause that you pose an immediate and present danger.
• Due Process Considerations: The Red Flag Law includes provisions for a hearing to challenge the ERPO and present your case. However, the initial temporary removal can occur without a full hearing.
• Second Amendment Concerns: Some gun owners argue that Red Flag Laws infringe upon their Second Amendment right to bear arms, as firearms can be removed without a criminal conviction.
• Potential for Abuse: There are concerns that the law could be misused by individuals with malicious intent or to settle personal disputes.

How Brett M. Rosen, Esq. Can Defend You Against Handgun Charges

Facing a handgun charge is an overwhelming experience. But with the right legal team, you can fight back and protect your rights. Brett M. Rosen, Esq. offers a comprehensive and strategic approach to defending against handgun charges in Fort Lee:

• Thorough Investigation: We will meticulously examine all aspects of your case, including the circumstances of the arrest, the police conduct, the validity of any search warrants, and the chain of custody of the firearm.
• Challenging the Evidence: We will scrutinize the prosecution’s evidence, including the firearm itself, ballistics reports, witness statements, and any other relevant evidence. We will look for weaknesses, inconsistencies, and potential violations of your constitutional rights.
• Expert Witness Testimony: If necessary, we will consult with experts in firearms, ballistics, forensic science, and other relevant fields to provide expert testimony to support your defense.
• Exploring All Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
• Certification: Brett M. Rosen is 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. 

Potential Defenses Against Handgun Charges

Several potential defenses may be available to you, depending on the specific circumstances of your case. These include:

• Lack of Possession: We can argue that you did not knowingly possess the handgun, or that you were unaware of its presence.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search and seizure, the evidence obtained may be inadmissible in court.
• Valid Permit/License: If you had a valid permit or license to carry or transport the handgun, this can be a complete defense to certain charges.
• 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.
• 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.
• Entrapment: If law enforcement induced or coerced you into committing a gun offense, you may have a defense of entrapment.
• Miranda Rights Violations: If your Miranda rights were not properly read to you before questioning, any statements you made may be inadmissible.

Frequently Asked Questions (FAQs) about Handgun Charges in Fort Lee

1. What should I do if I am arrested for a handgun offense in Fort Lee, NJ? Invoke your right to remain silent and immediately ask for an attorney. Do not answer any questions or make any statements to the police without legal counsel present.
2. Can I get a handgun charge dismissed? 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? Some handgun 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.
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.
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.
6. What if I have a valid firearms purchaser identification card (FPIC) or pistol purchase permit (PPP)? These permits allow you to purchase a handgun but do not authorize you to carry or transport it without a separate permit to carry.
7. Can I be charged with a gun crime if the gun was not loaded? Yes. The law does not distinguish between loaded and unloaded firearms in many cases.
8. What if I was transporting a gun to or from a gun range or gun show? New Jersey law has specific requirements for transporting firearms. If you were not in compliance with these regulations, you could still face charges.

Don’t Face Handgun Charges Alone – Contact Brett M. Rosen, Esq. Today

A handgun charge is a serious matter with potentially life-altering consequences. At Brett M. Rosen, Esq., we have the knowledge, experience, and dedication to fight for your rights. We’ll work tirelessly to protect your freedom and future since:

1. Advocacy for the Underdog

Brett Rosen is a passionate advocate for justice. He believes that everyone deserves a fair defense, regardless of guilt. When you’re facing a legal battle, having someone who genuinely cares about your rights can provide much-needed reassurance.

2. Proven Legal Prowess

Rosen’s track record speaks volumes. In a seemingly impossible case, he secured a not-guilty verdict on all charges. His assertiveness and legal expertise allowed him to navigate complex situations successfully. When the odds are stacked against you, having a skilled attorney like Rosen can tip the scales in your favor. he’s also 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.

3. Recognized Excellence

Brett M. Rosen has been recognized by Thomson Reuters Super Lawyers Rising Stars list for criminal defense. This prestigious accolade underscores his reputation and skill in the legal field. When you choose Rosen, you’re opting for excellence and dedication.

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