Have you been arrested or charged with unlawful possession of a handgun in Elizabeth, New Jersey? The consequences are severe, including potential jail time, hefty fines, and a permanent criminal record. You need aggressive and knowledgeable legal representation to protect your future. At Brett M. Rosen, Esq., we have a proven track record of successfully defending clients facing weapons charges in Union County.

Understanding Unlawful Possession of a Handgun in New Jersey (N.J.S.A. 2C:39-5b)

In New Jersey, it’s illegal to knowingly possess a handgun without a valid permit to carry. Even if you have a permit from another state, it won’t be recognized in New Jersey. Unlawful possession is a second-degree crime, carrying a potential sentence of 5 to 10 years in prison and fines up to $150,000.

The Graves Act: Mandatory Minimum Sentences

New Jersey’s Graves Act imposes mandatory minimum sentences for certain firearm offenses, including unlawful possession. This means even first-time offenders can face a minimum of 42 months of parole ineligibility if convicted. New Jersey takes gun crimes very seriously, and the Graves Act (N.J.S.A. 2C:43-6) is a prime example of this. This is true even if you are a first-time offender or have a clean record.

How the Graves Act Impacts Your Case:

• Mandatory Minimum Sentences: The Graves Act requires judges to impose a minimum prison sentence for certain gun crimes, regardless of the circumstances of your case. For unlawful possession of a handgun, this often means a minimum of 42 months of parole ineligibility.
• No Early Release: Under the Graves Act, you must serve the entire minimum sentence before being eligible for parole.
• Limited Judicial Discretion: Judges have very little discretion in sentencing under the Graves Act, even if they believe a shorter sentence would be appropriate.

Fighting the Graves Act:

While the Graves Act is strict, experienced criminal defense attorneys can explore strategies to minimize its impact:

• Graves Act Waiver: In very limited circumstances, a judge may waive the mandatory minimum sentence if certain criteria are met. This is a complex process requiring strong legal arguments and persuasive evidence.
• Challenging the Charges: We can investigate the facts of your case and potentially challenge the charges themselves. If we can get the charges dismissed or reduced, the Graves Act may no longer apply.
• Negotiating a Plea Agreement: In some cases, we may be able to negotiate a plea agreement that avoids the Graves Act’s mandatory minimums.

Why You Need an Experienced Graves Act Attorney:

Navigating the Graves Act requires in-depth knowledge of New Jersey gun laws and sentencing guidelines. Brett M. Rosen, Esq. has extensive experience defending clients against Graves Act charges and can help you understand your options and fight for the best possible outcome.

Potential Defenses to Unlawful Handgun Possession Charges in Elizabeth, NJ

If you’re facing unlawful possession of a handgun charges in Elizabeth, it’s important to understand that there are several potential defense strategies your attorney may explore to protect your rights and freedom. These include:

1. Lack of Knowledge:

• You Didn’t Know the Gun Was Present: If you can prove you didn’t know a gun was in your possession (e.g., it was planted or left by someone else), it can be a strong defense.
• You Didn’t Know it Was a Handgun: Maybe you thought it was a toy or a non-functioning replica. Demonstrating you lacked awareness of the firearm’s true nature can be key.

2. Invalid Search and Seizure:

• Fourth Amendment Violations: If the police obtained the gun through an illegal search and seizure (e.g., without a warrant or probable cause), we can file a motion to suppress the evidence. If successful, the gun cannot be used against you in court.

3. Self-Defense or Defense of Others:

• Justifiable Use of Force: If you possessed the handgun to protect yourself or someone else from imminent harm, this can be a valid defense. The circumstances must meet specific legal criteria for self-defense to apply.

4. Temporary and Innocent Possession:

• Briefly Holding for Safekeeping: If you only held the gun briefly and innocently (e.g., to remove it from a dangerous situation or hand it over to authorities), this might be a defense.

5. Constitutional Challenges:

• Second Amendment Rights: In some cases, we may be able to challenge the constitutionality of the law itself, arguing it infringes on your Second Amendment right to bear arms.

Frequently Asked Questions About Unlawful Possession of a Handgun in Elizabeth, NJ

1. What is the penalty for unlawful possession of a handgun in New Jersey?

   • Unlawful possession of a handgun is a second-degree crime in NJ, punishable by 5 to 10 years in prison and fines up to $150,000. The Graves Act also mandates a minimum of 42 months of parole ineligibility.

2. What if I have a gun permit from another state?

   • Out-of-state gun permits are not recognized in New Jersey. Carrying a handgun without a valid NJ permit to carry is still considered unlawful possession.

3. What are my options if I’m facing charges?

   • Options include fighting the charges, negotiating a plea deal, or seeking alternative sentencing. An experienced criminal defense attorney can help you explore your options and develop the best strategy.

4. What defenses are available in unlawful possession cases?

   • Common defenses include lack of knowledge of the gun’s presence, illegal search and seizure by the police, self-defense, or temporary and innocent possession.

5. Will I automatically go to jail if convicted?

   • Not necessarily. While the Graves Act imposes mandatory minimum sentences, there are potential exceptions and strategies to avoid or minimize jail time. An attorney can help you navigate these complexities.

6. Can I still own a gun after being convicted of unlawful possession?

   • A conviction for unlawful possession will prohibit you from owning or possessing firearms in New Jersey.

7. How can an Elizabeth, NJ gun possession lawyer help me?

   • An experienced attorney can investigate your case, gather evidence, challenge the prosecution’s case, negotiate with the prosecutor, and fight for your rights in court.

8. How much will it cost to hire an attorney?

   • Attorney fees vary depending on the complexity of your case and the experience of the lawyer. Many firms offer free consultations to discuss your case and provide fee estimates.

9. What should I do if I’m arrested for gun possession?

   • Exercise your right to remain silent and ask for an attorney immediately. Anything you say can be used against you in court.

10. Can I get my record expunged after a conviction?

    • New Jersey has specific expungement laws that may allow you to clear your record after a certain period, depending on the nature of your conviction and other factors. An attorney can advise you on the expungement process.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Gun Charge?

• If you’re facing an illegal handgun possession charge in Elizabeth, NJ, it’s crucial to have a skilled defense attorney on your side. Here’s why retaining Brett M. Rosen could be a wise decision:

  1. Proven Track Record: Brett M. Rosen is a seasoned trial attorney with a history of success in criminal defense. His experience and expertise in the field can be pivotal in navigating the complexities of your case.

  2. Specialized Knowledge: With a focus on criminal defense, including violent crimes and domestic violence, Mr. Rosen has the specialized knowledge that could be beneficial in handling charges related to illegal handgun possession.

  3. Client Satisfaction: Reviews from former clients highlight Mr. Rosen’s professionalism and ability to deliver favorable outcomes. Satisfied clients have noted his ability to potentially dismiss critical cases.

  4. Recognition and Awards: Brett M. Rosen has been recognized by various platforms for his legal achievements, which speaks to his credibility and the trust you can place in his representation.

  5. 24/7 Availability: Understanding the urgency and stress of legal challenges, Mr. Rosen offers round-the-clock availability to address your concerns and provide support.

  6. Local Insight: Practicing in New Jersey, Mr. Rosen is familiar with the local laws and court systems, which can be advantageous in crafting a defense strategy tailored to the specifics of the Elizabeth, NJ jurisdiction.

Take Action Now to Protect Your Rights

If you are facing unlawful possession of a handgun charges in Elizabeth, NJ, don’t delay in seeking legal counsel. Your freedom and future are at stake. Contact [Your Firm Name] today to schedule your free consultation.