Unlawful Assault Rifle Possession

Unlawful Assault Rifle Possession in New Jersey

Elizabeth, NJ Unlawful Possession of Assault Rifle Lawyer

In the realm of criminal justice, few offenses carry the gravity of unlawful possession of an assault rifle in New Jersey. This serious crime not only jeopardizes public safety but also entails substantial legal implications for those caught in its crosshairs. It is codified under N.J.S.A. 2C: 39-5 and the possible consequences of a guilty plea or conviction can be very serious.

If you are accused of an unlawful possession of an assault rifle in New Jersey, unlawful possession of a handgun, or certain persons not to have a weapon, 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:

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.
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”.
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.
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.
Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing unlawful possession of an assault rifle, it is imperative that legal assistance is sought after. Contact our law firm today to discuss your potential case.

What is Unlawful Assault Rifle Possession in New Jersey?

The New Jersey statute governing unlawful possession of weapons, N.J.S.A. 2C:39-5, explicitly outlines the parameters of this offense. Under this statute, any person who knowingly possesses an assault firearm is guilty of a crime of the second degree. This classification carries significant weight, as crimes of the second degree are punishable by imprisonment of up to ten years and a fine of up to $150,000.

Unveiling the Graves Act: A Pillar of New Jersey’s Gun Control Landscape

The Graves Act, codified under N.J.S.A. 2C:43-6, serves as a cornerstone of New Jersey’s gun control framework. Enacted in 1994, this act imposes mandatory minimum prison sentences for various firearms offenses, including the unlawful possession of an assault rifle. The Graves Act’s stringent approach aims to deter firearm-related crimes and protect public safety. The Graves Act has serious consequences. The Graves Act imposes a mandatory 42-month parole ineligibility term. This means that a person charged with unlawful possession of an assault rifle, if convicted, will have to spend at least 3 ½ years in prison before they are eligible for parole.

However, Pre-Trial Intervention (PTI) is available for someone charged with unlawful possession of an assault rifle in New Jersey, but it is difficult to obtain. A Graves Act waiver will allow a defendant charged with unlawful possession of an assault rifle in New Jersey into PTI. PTI is a diversionary program that allows defendants to avoid a criminal conviction if they successfully complete the program. However, PTI is generally only available for lower-level offenses, and unlawful possession of an assault rifle is a second-degree crime. As a result, PTI is rarely granted for this offense.

In order to be eligible for PTI, a defendant must have no prior criminal convictions and must be considered a good candidate for rehabilitation. The defendant must also agree to comply with certain conditions, such as participating in counseling or community service.

If a defendant is granted PTI, they will be placed on probation for a period of one to three years. During this time, they will be required to comply with the conditions of PTI. If the defendant successfully completes PTI, the charges against them will be dismissed. However, if the defendant violates the conditions of PTI, they may be prosecuted for the original offense.

The decision of whether or not to grant PTI is made by the prosecutor’s office. The prosecutor will consider a variety of factors, including the severity of the offense, the defendant’s criminal history, and the defendant’s likelihood of rehabilitation.

Even though PTI is difficult to obtain for unlawful possession of an assault rifle, it is still worth pursuing. An experienced criminal defense attorney can help you understand your options and can increase your chances of being granted PTI.

Impact of Prior Convictions: Enhanced Penalties

In New Jersey, prior convictions can significantly exacerbate the penalties for unlawful possession of an assault rifle. If a defendant has a prior conviction for a crime of the first or second degree, they face a mandatory minimum sentence of five years in prison. For subsequent offenses, the mandatory minimum sentences increase further.

Navigating the Prosecution’s Case: Challenges and Defense Strategies

When confronted with charges of unlawful possession of an assault rifle, the prosecution bears the burden of proving beyond a reasonable doubt each element of the offense. These elements include:

Proof of Possession: The prosecution must demonstrate that the defendant knowingly had physical control of the assault firearm.
Knowledge of the Firearm’s Nature: The prosecution must establish that the defendant was aware of the firearm’s characteristics, including its classification as an assault weapon.
Absence of a License or Authorization: The prosecution must prove that the defendant did not possess a valid license or authorization to possess the assault firearm.

Defense attorneys play a crucial role in challenging the prosecution’s case and asserting viable defenses. Potential defense strategies may include:

Lack of Knowledge: The defense may argue that the defendant was unaware that the firearm was an assault weapon.
Mistaken Identity: The defense may challenge the prosecution’s identification of the defendant as the person in possession of the assault firearm.
Illegal Search and Seizure: The defense may argue that the evidence obtained through an illegal search and seizure is inadmissible in court.
Invalid Definition: Arguing that the firearm does not meet the legal definition of an assault rifle.
Entrapment: The defense may assert that the defendant was induced or persuaded by law enforcement to commit the offense.
Valid Permit or Authorization: Demonstrating that the defendant possessed the assault rifle with a valid permit or authorization.

What Constitutes an Assault Rifle in New Jersey?

The term “assault rifle” encompasses a broad range of firearms, often characterized by their semi-automatic capabilities and high-capacity magazines. However, the legal definition of an assault rifle can vary across jurisdictions, making it essential for criminal justice lawyers to stay abreast of the latest interpretations in New Jersey.

Typically, the term “assault firearm” encompasses a range of semi-automatic rifles capable of accepting a detachable magazine with a capacity of more than 15 rounds. This definition also includes firearms with certain features, such as a folding stock, pistol grip, or flash suppressor. The possession of any firearm that meets this definition, without a valid license or authorization, constitutes unlawful possession of an assault rifle in New Jersey.

Exceptions to the Unlawful Possession Statute

While the general rule prohibits the possession of assault rifles without a license, there are certain exceptions to this rule. These exceptions include:

Law enforcement officers: Law enforcement officers are authorized to possess assault rifles in the performance of their duties.
Military personnel: Military personnel are also permitted to possess assault rifles while on active duty or during military training.
Licensed firearms manufacturers and dealers: Licensed firearms manufacturers and dealers are allowed to possess assault rifles for the purpose of manufacturing, selling, or transporting these firearms.

In order to legally carry an assault rifle here in New Jersey, per N.J.S.A. 2C:58-5, the applicant must:

apply for a license to do so by filing in the Superior Court in the county in which he resides, or conducts his business if a nonresident, a written application setting forth in detail his reasons for desiring such a license. The Superior Court shall refer the application to the county prosecutor for investigation and recommendation. A copy of the prosecutor’s report, together with a copy of the notice of the hearing on the application, shall be served upon the superintendent and the chief police officer of every municipality in which the applicant intends to carry the machine gun or assault firearm, unless, for good cause shown, the court orders notice to be given wholly or in part by publication.

Is there a Statute of Limitations for Unlawful Assault Rifle Charge?

The statute of limitations (SOL) for a criminal charge depends on the nature and gravity of the crime. For noncapital crimes related to gun possession or importation, the federal statute of limitations is five years. For state crimes in New Jersey, the general time limits are:

five years for indictable crimes (felonies)
one year for disorderly person offenses (misdemeanors), and
30 days for traffic violations.

However, there may be exceptions or extensions to unlawful assault rifle time limits depending on the facts of the case. Therefore, it is advisable to consult a attorney if you are facing any criminal charges or have any legal questions.

Seeking Expert Legal Counsel: Navigating the Maze of Justice

Facing charges of unlawful possession of an assault rifle in New Jersey can be daunting and overwhelming. Experienced criminal justice lawyers can provide invaluable guidance and representation throughout the legal process. These legal professionals possess a deep understanding of the complex legal landscape surrounding this offense and are well-equipped to assert effective defense strategies.

Top NJ Unlawful Assault Rifle Defense Attorney

Unlawful possession of an assault rifle in New Jersey is a serious offense with far-reaching consequences. Criminal justice lawyers serve as critical advocates for those facing such charges, safeguarding their rights, challenging the prosecution’s case, and striving for just outcomes. By navigating the intricate legal terrain and employing strategic defense tactics, these legal professionals help ensure that individuals facing these charges receive fair and impartial treatment within the justice system.

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 unlawful assault rifle charge, 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 unlawful possession of an assault rifle charge. Here are some of them:

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your unlawful assault rifle charge defense.

Contact us today for a free consultation.