Handgun Charge Lawyer Leonia, NJ

Handgun Charge Lawyer Leonia, NJ

Have you been arrested or charged with a handgun crime in Leonia, New Jersey? The situation is undoubtedly serious, with potential consequences that can drastically alter your life. Don’t navigate the complexities of the legal system alone.

Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against handgun charges in Leonia and throughout Bergen County. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. A distinction that approximately less than 1% of attorneys in New Jersey hold. We understand the gravity of these charges, the intricacies of New Jersey’s gun laws, and the nuances of the local court system.

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. We will guide you through every step of the legal process, offering compassionate support and aggressive advocacy to ensure your voice is heard.

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

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. Understanding the different types of handgun charges under N.J.S.A. 2C:39-5 and their potential penalties is crucial for building an effective defense.

Common Handgun Charges in Leonia:

• Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5b): This charge applies when you possess a handgun without a valid permit or license, including possession in your home, car, or on your person. It is generally a second-degree crime, punishable by 5 to 10 years in prison.
• Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a): This charge applies when you possess a handgun with the intent to use it to commit a crime. It is typically a second-degree crime, but the degree can be elevated depending on the intended crime.
• Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7): This charge applies when you are prohibited from possessing a firearm due to a prior criminal conviction, domestic violence restraining order, or other disqualifying factors. The degree of the crime depends on the specific prohibition.
• Defaced Firearms (N.J.S.A. 2C:39-3d): This charge involves possessing a firearm with an altered or obliterated serial number. It is typically a fourth-degree crime, punishable by up to 18 months in prison.
• Manufacturing, Transporting, Shipping, or Selling “Ghost Guns” (N.J.S.A. 2C:39-1.1): In 2022, New Jersey amended its laws to make it a first-degree crime to knowingly possess, manufacture, transport, ship, or sell “ghost guns,” which are untraceable firearms without serial numbers.
• Possession of a Large Capacity Ammunition Magazine (LCA) (N.J.S.A. 2C:39-3j): New Jersey restricts the capacity of ammunition magazines to 10 rounds. Possession of an LCA (over 10 rounds) can result in charges.
• Other Handgun-Related Offenses: This includes charges like brandishing a firearm, aggravated assault with a firearm, or possessing a firearm while under the influence of drugs or alcohol. The penalties for these offenses vary depending on the specific charge.

The Graves Act: Mandatory Minimums for Certain Gun Crimes

New Jersey’s Graves Act is a law that imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means that even if you have no prior criminal record, you could face a minimum of years in prison if convicted under the Graves Act. This makes it even more critical to have an experienced attorney on your side to fight for your rights and explore potential defenses.  

Red Flag Law in Bergen County: Protecting the Public, Impacting Gun Owners

New Jersey’s Red Flag Law, also known as the Extreme Risk Protective Order Act, allows for the temporary removal of firearms from individuals deemed a danger to themselves or others. While this law aims to prevent gun violence, it can significantly impact handgun owners in Bergen County. If someone files a petition against you, a court can order the temporary seizure of your firearms, even without a criminal charge or conviction. This means your Second Amendment rights could be temporarily restricted while the court determines whether you pose a risk. It’s critical to understand how this law works and have an experienced attorney advocate for your rights.

Domestic Violence and Handgun Ownership in Bergen County: A Zero-Tolerance Approach

New Jersey takes a zero-tolerance stance on domestic violence, and firearm ownership is a significant concern in these cases. If you are accused of domestic violence, a court can issue a restraining order that prohibits you from possessing firearms, even if you have a valid permit. This is due to the increased risk of harm associated with the presence of guns in a domestic violence situation. If you’re a victim of domestic violence, understanding your rights to seek a restraining order and the potential removal of your abuser’s firearms is vital. If you’re accused, having an attorney who can navigate the complex interplay of domestic violence and gun laws is crucial for your defense.

Why Handgun Charges in Leonia Are a Serious Matter

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

• Severe Penalties: The Graves Act mandates minimum prison sentences for certain gun crimes, making the penalties for handgun offenses in New Jersey some of the harshest in the country.
• Loss of Firearm Rights: A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms.
• Criminal Record: A conviction will result in a criminal record, which can impact your employment, housing, education, and other opportunities.
• Other Consequences: Additional penalties may include fines, probation, community service, and immigration consequences if you are not a U.S. citizen.

Handgun Charge Attorney Leonia, New Jersey

How Brett M. Rosen, Esq., Can Defend You Against Handgun Charges in Leonia, New Jersey

Facing a handgun charge in Leonia, NJ 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 Leonia:

1. Thorough Investigation: We will meticulously examine every aspect 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. We will leave no stone unturned in our search for evidence to support your defense.

2. Challenging the Evidence: Our team will scrutinize the evidence against you and identify any weaknesses or inconsistencies. We may challenge the validity of search warrants, the reliability of witnesses, or the admissibility of evidence.

3. 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.

4. Exploring All Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.

Potential Defenses Against Handgun Charges

Some common defenses we may explore include:

• Lack of Possession: Proving you did not possess the handgun or were unaware of its presence. We may challenge the prosecution’s evidence, showing that you did not have actual or constructive possession of the firearm.
• 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. We will scrutinize the police actions to ensure they followed proper procedures and had a valid reason to search you or your property.
• 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 review your documentation and ensure it is in compliance with New Jersey law.
• 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. We will investigate your actions and circumstances to demonstrate that you did not intend to commit a crime with the firearm.
• 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 analyze the circumstances of your case to 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 proving that you would not have committed the crime but for the actions of law enforcement.
• Duress: If you were forced to possess the handgun under duress or coercion, this may be a defense. This typically requires demonstrating that you faced an immediate threat of harm and had no reasonable alternative but to possess the firearm.
• Necessity: In rare cases, if you possessed the handgun out of necessity to prevent a greater harm, this may be a valid defense. This defense is limited and requires demonstrating that your actions were necessary to avoid a significant and immediate threat to yourself or others.

Frequently Asked Questions About Handgun Charges in Leonia, NJ

1. What should I do if I am arrested for a handgun offense in Leonia, New Jersey? 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. What are the penalties for unlawful possession of a handgun in New Jersey? The penalties are severe and can include 5 to 10 years in state prison, a fine of up to $150,000, and a permanent loss of your right to own or possess firearms.
3. 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.
4. Can I get a handgun charge expunged from my record in New Jersey? In some cases, 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.
5. 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.
6. What should I look for in a handgun charge lawyer? You should look for an attorney with:
   1. Experience: Extensive experience in handling gun cases, specifically in New Jersey.
   2. Knowledge: Thorough understanding of New Jersey’s complex gun laws, including the Graves Act and related statutes.
   3. Track Record: A proven track record of success in defending clients against gun charges in Union County courts.
   4. Reputation: A good reputation in the legal community and positive client reviews.
   5. Communication: Open and transparent communication with clients, keeping you informed throughout the legal process.
   6. Accessibility: Availability to answer your questions and address your concerns promptly.
7. How much does a handgun charge lawyer cost in Bergen 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.
8. Can I get a Graves Act waiver? In some cases, it may be possible to obtain a Graves Act waiver, which allows the judge to waive the mandatory minimum prison sentence. However, this is not automatic and requires a strong legal argument and negotiation with the prosecutor. An experienced attorney can assess your eligibility and advocate for a waiver on your behalf.
9. What is the difference between unlawful possession of a weapon and possession of a weapon for an unlawful purpose? Unlawful possession of a weapon simply means possessing a firearm without a valid permit or license, regardless of your intent. Possession of a weapon for an unlawful purpose, on the other hand, requires the prosecution to prove that you possessed the weapon with the intent to use it to commit a crime. The penalties for possession with an unlawful purpose are typically more severe.
10. What is the Pretrial Intervention Program (PTI), and am I eligible if charged with a handgun offense? PTI is a diversionary program in New Jersey for first-time offenders that allows you to avoid a conviction by completing certain conditions, such as probation, community service, and counseling. In some cases, individuals charged with certain gun offenses may be eligible for PTI, but it’s not automatic. An attorney can assess your eligibility and advocate for your admission into the program.
11. Can a handgun charge affect my immigration status? Yes, even if you are a legal resident, a conviction for a gun crime can have severe immigration consequences, including deportation. It’s crucial to consult with an attorney who understands both criminal and immigration law if you are not a U.S. citizen.
12. What are the long-term consequences of a handgun conviction? In addition to prison time, fines, and loss of gun rights, a handgun conviction can have long-lasting effects on your life. You may face difficulty finding employment, housing, or educational opportunities. You may also be subject to ongoing restrictions, such as not being able to travel to certain countries.
13. Can I still get a gun permit in New Jersey if I have a prior arrest or conviction for a different offense? Certain prior convictions, such as felonies or certain misdemeanor offenses, can disqualify you from obtaining a gun permit in New Jersey. However, there may be some exceptions depending on the nature and age of the conviction. An attorney can review your criminal history and advise you on your eligibility.
14. What if the police searched my home or vehicle without a warrant? If the police conducted a search without a warrant or valid exception to the warrant requirement, any evidence obtained during the search may be suppressed in court. An attorney can challenge the legality of the search and argue for the suppression of any illegally obtained evidence.

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

A handgun charge in Leonia, New Jersey is a serious matter with potentially life-altering consequences. Don’t face this alone. Contact Brett M. Rosen, Esq., for a free and confidential consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and freedom.

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