Elizabeth, NJ Possession of a Weapon for Unlawful Purpose Lawyer

If you are accused of a possession of a weapon for an unlawful purpose, unlawful possession of a handgun, or unlawful possession of an assault rifle in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is charged with possession of a weapon for an unlawful purpose, then please contact our law firm today to discuss your potential case.

What is Possession of a Weapon for an Unlawful Purpose in New Jersey?

Under New Jersey law, it is a crime to knowingly possess a weapon for an unlawful purpose. This New Jersey law is codified under N.J.S.A. 2C:39-4. This charge means that you must have both the knowledge and the intent to use the weapon for an unlawful purpose.

In order to convict someone of possession of a weapon for an unlawful purpose, the prosecution must prove the following elements beyond a reasonable doubt:

• The defendant possessed a weapon.
• The defendant intended to use the weapon unlawfully.
• The defendant’s intent was to harm someone or commit a crime.

The law does not define what constitutes an “unlawful purpose.” However, some examples of unlawful purposes include:

• Committing a crime
• Threatening to harm someone
• Intimidating someone
• Harassing someone

What Weapons are Covered by the Law?

The law applies to a wide range of weapons, including:

• Firearms
• Knives
• Clubs
• Other objects that can be used to cause harm

What are the Penalties for Possession of a Weapon for an Unlawful Purpose in New Jersey?

The penalties for possession of a weapon for an unlawful purpose vary depending on the type of weapon and the specific circumstances of the case. However, they can be quite severe.

For example, if you are caught with a firearm for an unlawful purpose, you could be charged with a second-degree crime. If you are convicted, you could face up to 10 years in prison and a fine of up to $150,000.

If you are caught with another type of weapon for an unlawful purpose, you could be charged with a third-degree crime. If you are convicted, you could face up to five years in prison and a fine of up to $15,000.

What Defenses are there to Possession of a Weapon for an Unlawful Purpose?

There are a number of defenses that can be raised to a charge of possession of a weapon for an unlawful purpose. Some of the most common defenses include:

• You did not knowingly possess the weapon. If you did not know that you were in possession of the weapon, it is possible that you cannot be convicted of this crime.
• You did not intend to use the weapon for an unlawful purpose. Even if you knew that you were in possession of the weapon, you cannot be convicted of this crime if you did not intend to use it for an unlawful purpose.
• You had a valid excuse to possess the weapon. For example, if you were in possession of the weapon for self-defense or for hunting, you may have a valid excuse.
• Insufficient Evidence: A defense may be based on the argument that the prosecution does not have sufficient evidence to prove guilt beyond a reasonable doubt.

What Should You Do If You Are Arrested for Possession of a Weapon for an Unlawful Purpose?

If you are arrested for possession of a weapon for an unlawful purpose, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy.

Here are some pointers, but please do not construe this as an attorney-client relationship or as legal advice, for what to do if you are arrested for a possession of a weapon for an unlawful purpose:

• Do not speak to the police without an attorney present.
• Do not consent to any searches or seizures without an attorney present.
• Write down all of the facts and circumstances of your arrest as soon as possible.
• Contact an experienced criminal defense attorney immediately.

Frequently Asked Questions (FAQs)

• Question: If I possessed a box cutter but did not threaten anyone with it, can I be charged with possession of a weapon in New Jersey?
  • Answer: In New Jersey, the law states that a person can be charged with unlawful possession of a weapon if they “knowingly have in [their] possession a weapon under circumstances not manifestly appropriate for lawful use” (N.J.S.A. 2C:39-5). However, a box cutter is generally not considered a weapon if it is possessed for its intended purpose, such as cutting boxes. If you have a box cutter and do not threaten anyone with it, and it is used for its intended purpose, it is unlikely to be considered possession of a weapon under New Jersey law. 

• Question: Is there a statute of limitations for the New Jersey charge of possession of a weapon for unlawful purpose?
  • Answer: In New Jersey, the statute of limitations for an indictable crime, which includes possession of a weapon for an unlawful purpose, is generally five years. This means that legal proceedings must be initiated within five years of the commission of the alleged offense.
• Question: What if I had a knife on me but never brandished it, can I be charged with possession of a weapon in New Jersey?
  • Answer: In New Jersey, the law prohibits possession of certain types of knives without an explainable lawful purpose. This includes gravity knives, switchblade knives, daggers, dirks, stilettos, and ballistic knives. However, if you had a knife on you but never brandished it, the key factor would be the intent behind carrying the knife and whether it was for a lawful purpose. Open carry of knives is generally allowed if the intent is lawful. 
• Question: What is considered a weapon under the New Jersey charge of possession of a weapon for unlawful purpose?
  • Answer: Under New Jersey law, a “weapon” is broadly defined as anything capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to:
    • Firearms: Any gun, rifle, shotgun, or other device designed to launch projectiles.
    • Melee Weapons: Knives such as gravity knives, switchblades, daggers, dirks, stilettos, and other dangerous knives.
    • Blunt Instruments: Billy clubs, blackjacks, metal knuckles, sand clubs, slingshots, cestuses, and similar items.
    • Defaced Firearms: Any firearm that has had its identifying marks removed or altered.
    • Destructive Devices: Items designed to explode or produce uncontrollable such as Molotov cocktails.
    • Stun Guns: Weapons or devices designed to emit an electrical current to temporarily or permanently disable a person.

Premier New Jersey Possession of a Weapon for Unlawful Purpose Lawyer

If you have been charged with the possession of a weapon for an unlawful purpose in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for possession of a weapon for an unlawful purpose, as well as unlawful possession of a handgun, unlawful possession of a shotgun/rifle, and we will fight aggressively to protect your rights and interests. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your possession of a weapon charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your possession of a weapon defense.

Contact us today for a free consultation.