Unlawful Possession of a Handgun in Union Township, NJ? Secure Your Future with Brett M. Rosen, Esq.

Unlawful Possession of a Handgun Attorney Union Township, NJ

Unlawful Possession of a Handgun Attorney Union Township, NJ

Unlawful Possession of a Handgun Attorney Union Township, NJ

New Jersey boasts some of the strictest gun laws in the nation, and Union Township is no exception. Facing charges for unlawful possession of a handgun can have severe and lasting consequences, including potential jail time, hefty fines, and a criminal record that can impact your future. If you or someone you know is facing such charges in Union Township, NJ, securing experienced legal representation is crucial. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, is a dedicated and aggressive advocate who will fight tirelessly to protect your rights and secure the best possible outcome for your case.

Why Choose Brett M. Rosen, Esq. for Your Weapons Case?

Brett M. Rosen is not merely a lawyer; he’s a fierce defender of your rights, a champion for those navigating the complexities of the criminal justice system. He brings to the table a unique combination of legal expertise, strategic thinking, and unwavering dedication to his clients. Here’s why he stands out as a top choice for weapons defense in Union Township:

  • Extensive Experience in Weapons Cases: Brett M. Rosen has a deep understanding of New Jersey gun laws, including the Graves Act (which mandates minimum sentences for certain gun crimes), and a proven track record of successfully defending clients against a wide range of weapons charges. He has handled numerous cases involving unlawful possession of handguns, possession of illegal firearms, and other weapons offenses. He knows the strategies that work and will use his experience to build the strongest possible defense for you.

  • Certified Criminal Trial Attorney: He holds the prestigious certification by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in the state. This certification underscores his mastery of courtroom tactics, evidence presentation, and persuasive advocacy, essential qualities for effectively representing clients facing serious charges like unlawful possession of a handgun.

  • Relentless Pursuit of Justice: Brett M. Rosen is a passionate advocate who believes in fighting tirelessly for his clients’ rights. He understands that facing weapons charges can be a terrifying experience, and he is committed to providing unwavering support and guidance throughout the entire legal process. He will stand by your side, ensuring your voice is heard and your rights are protected every step of the way.

  • Masterful Negotiation Skills: While prepared to take any case to trial, Brett M. Rosen is also a skilled negotiator. He recognizes that sometimes the best outcome can be achieved through strategic negotiations with the prosecution. He will leverage his negotiation skills to explore all possible avenues for a favorable resolution, whether it’s a plea agreement, a reduced sentence, or even a dismissal of charges.

  • Client-Centered Approach: At the heart of Brett M. Rosen’s practice is a deep commitment to his clients. He understands that each case is unique and that every client deserves personalized attention and unwavering support. He will take the time to listen to your story, understand your concerns, and answer your questions, ensuring you feel informed and empowered throughout the legal process.

Understanding Unlawful Possession of a Handgun Charges in New Jersey

New Jersey has some of the strictest gun laws in the country, designed to control the possession and use of firearms. Unlawful possession of a handgun is a serious offense with severe penalties, especially under the Graves Act.

Key Aspects of New Jersey Gun Laws:

  • Permits to Purchase: You must obtain a permit to purchase a handgun in New Jersey from your local police department.
  • Firearms Purchaser Identification Card (FPIC): You must have a valid FPIC to purchase any firearm in New Jersey. This card is issued by the New Jersey State Police after a background check.
  • Carry Permits: Carrying a handgun in public generally requires a permit to carry, which is difficult to obtain in New Jersey. There are limited exceptions for certain professions or situations.
  • The Graves Act: This law mandates minimum prison sentences for certain gun crimes, including unlawful possession of a handgun, and especially if the handgun is possessed during the commission of another crime.

Elements of Unlawful Possession of a Handgun:

To secure a conviction for unlawful possession of a handgun, the prosecution must prove the following elements beyond a reasonable doubt:

  • Possession: You had actual or constructive possession of the handgun. Actual possession means the handgun was on your person. Constructive possession means you had control over the area where the handgun was found, even if it wasn’t directly on you.
  • Unlawful: You did not have a valid permit to possess the handgun.
  • Knowledge: You knew you possessed the handgun.

Penalties for Illegal Handgun Charge in New Jersey

The penalties for unlawful possession of a handgun in Union Township, NJ, are governed by New Jersey state law, and they can be quite severe. Here’s a breakdown:

1. Grading of the Offense:

  • Second-Degree Crime: Unlawful possession of a handgun is generally classified as a second-degree crime in New Jersey (N.J.S.A. 2C:39-5b).

2. Potential Penalties:

  • Prison Sentence: A second-degree crime carries a potential prison sentence of 5 to 10 years.
  • Fines: You could also face significant fines, up to $150,000.
  • Graves Act: The Graves Act is a New Jersey law that mandates minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means that even for first-time offenders, a conviction can lead to mandatory jail time.
    • Mandatory Minimum: Under the Graves Act, you could face a minimum sentence of 5 years with no possibility of parole for at least 42 months.

3. Other Consequences:

  • Criminal Record: A conviction for unlawful possession of a handgun will result in a permanent criminal record, which can affect your employment, housing, and other opportunities.
  • Loss of Gun Rights: You will lose your right to own or possess firearms in the future.
  • Immigration Consequences: If you are not a U.S. citizen, a conviction could lead to deportation or other immigration issues.

4. Factors that Can Influence Sentencing:

  • Criminal History: If you have prior convictions, especially for weapons offenses, you could face harsher penalties.
  • Aggravating Factors: If the offense involved other aggravating factors, such as using the handgun in a crime or possessing it in a school zone, the penalties could be increased.
  • Mitigating Factors: If there are mitigating factors, such as your age, lack of prior record, or the circumstances surrounding the offense, the judge might consider a less severe sentence.

5. Graves Act Waiver:

  • Potential Relief: In some limited circumstances, a judge may grant a Graves Act Waiver, which allows them to waive the mandatory minimum sentence. This is typically only granted to first-time offenders who meet specific criteria.

Defenses to Unlawful Possession of a Handgun Charges in Union Township

Brett M. Rosen, Esq. will meticulously analyze your case and develop a comprehensive defense strategy tailored to your specific circumstances. He will explore all possible defenses, including:

  • Challenging the Search and Seizure: Were your constitutional rights violated during the search and seizure of the handgun? Did the police have a valid warrant or probable cause to search you or your property? Were your Miranda rights read to you before questioning?
  • Challenging Possession: Did you actually possess the handgun? Was it in your actual possession or merely in your presence? Did you have knowledge of the handgun? Were you aware the handgun was present? Did you have control over the area where it was found?
  • Valid Permit: Did you have a valid permit to possess the handgun? Was the permit valid at the time of the offense? Was there a misunderstanding or error regarding your permit?
  • Lack of Intent: Did you intend to possess the handgun unlawfully? Were you aware that it was illegal to possess the handgun without a permit? Did you believe you were acting within the law?
  • Entrapment: Were you induced by law enforcement to possess the handgun? Did the police or an informant pressure or coerce you into possessing the handgun?
  • Duress: Were you forced to possess the handgun under threat of harm? Did someone threaten you or your loved ones, forcing you to possess the handgun?
  • Self-Defense: Were you carrying the handgun for self-defense in a situation where you reasonably believed you were in imminent danger? (This defense is complex and has limitations in New Jersey.) Did you believe your life was in danger? Did you have a reasonable fear of imminent harm?

FAQs about Unlawful Possession of a Handgun Charges in Union Township, NJ

  • What are the penalties for unlawful possession of a handgun in New Jersey?

    • The penalties can be severe, including prison time, fines, and a criminal record. The Graves Act mandates minimum prison sentences for certain gun crimes. The specific penalties depend on the degree of the offense and your criminal history.

  • What is the difference between unlawful possession of a handgun and possession of a firearm for an unlawful purpose?

    • Unlawful possession focuses on possessing the handgun without a valid permit. Possession for an unlawful purpose involves intending to use the gun to commit a crime.

  • Can I get my gun rights restored after a conviction for unlawful possession of a handgun?

    • Restoring gun rights in New Jersey is difficult but may be possible in certain circumstances after a waiting period and meeting specific requirements. It’s essential to consult with an attorney about the process.

  • What should I do if I am arrested for unlawful possession of a handgun?

    • Do not speak to the police without an attorney present. Contact Brett M. Rosen, Esq. immediately to protect your rights. Remain silent and ask for a lawyer.

Additional FAQs

  • What are the specific penalties for unlawful possession of a handgun in Union Township?

    • Penalties can include prison time of up to 10 years (with a mandatory minimum under the Graves Act), fines up to $150,000, and a criminal record. The judge will consider the specific circumstances of your case, including any aggravating or mitigating factors, when determining the sentence.

  • Where will my unlawful possession of a handgun case be heard in Union Township?

    • These cases are typically handled in the Union County Superior Court in Elizabeth, NJ.

  • What is the role of the prosecutor in a weapons case?

    • The prosecutor represents the state and has the burden of proving your guilt beyond a reasonable doubt. They decide whether to offer a plea deal or take the case to trial.

  • Can a conviction for unlawful possession of a handgun affect my immigration status?

    • Yes, a weapons conviction can have serious immigration consequences, including deportation, even for lawful permanent residents.

Don’t Face an Illegal Handgun Charge in Union Township Alone! 

Top-Shelf Unlawful Possession of a Handgun Lawyer Union Township, New Jersey

Facing weapons charges in Union Township, NJ, can be a daunting experience, but you don’t have to face it alone. Brett M. Rosen, Esq. is a dedicated and experienced criminal defense attorney who will stand by your side, providing unwavering support and aggressive representation. He will:

  • Conduct a thorough investigation of the charges and the evidence against you.
  • Develop a comprehensive defense strategy tailored to your specific circumstances.
  • Challenge the prosecution’s case at every stage of the proceedings.
  • Protect your constitutional rights throughout the legal process.
  • Negotiate with the prosecutor to seek a favorable resolution.
  • Provide skilled and effective representation in court.

If you or someone you know is facing unlawful possession of a handgun charges in Union Township, contact Brett M. Rosen, Esq. today for a free consultation. He is available 24/7 to discuss your case and provide expert legal guidance.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.

Let me start by saying Brett Rosen saved my life. I don't speak hyperbolically here. Due to different laws across states I violated some very serious laws concerning possession of a firearm. I was in jail. I had never been involved with the system, scared, lost and hopeless my family found Brett. I was facing 40 years. I was ready to give up and felt my adult life was over just as it was beginning. I had 0 faith in the system or those working on either side of it. While I was being processed by the local authorities before I even made it to county the authorities although very respectful were distraught by my immediate request for an attorney and within a few hours their faces had dropped. They mentioned nothing to me (the authorities) but while discussing issues with eachother the junior cops face dropped and the only audible thing I could hear was "Already?!" And I knew it was my lawyer. I spoke with Brett the next day. He was not only obviously ruthlessly competent in his knowledge of the law but also compassionate. I knew he cared not just about my case but about me. My family was horrified and justifiably angry with me and my situation. My marriage had just fallen apart recently as well and locked in a cell the only things that kept any semblance of hope in my mind were the conversations I was having with Brett. Every deadline he told me to expect he accomplished early. Namely my release from lock up. He told me the plan, communicated effectively with me what I needed to do on my end and fed the growing seed of hope he had planted in my soul. I'm a businessman and strive to never surround myself with "yes men" Brett was never that. He was a this is what you can expect man and this is what I'm going to get done and over the course of the next year he accomplished every single one. He resolved my case with a plea deal that keeps my record clean and was an absolute best case scenario across the board. It was even said during my hearings that the work he prepared were the most impressive packages the courts had ever seen. Brett tells me something. It's as good as gold. Now the case is fading into a distance nightmare and my life will continue to grow towards better and greater things and while my faith in the system is still low. My faith in Brett Rosen and humanity as a result is as strong as it could ever be. Brett, thank you from the bottom of my heart, any firm you find yourself at is blessed to have you and im glad i stuck with my instinct to trust in you every step of the way. Anyone reading this and wondering if he's a good choice, take it from me and the life of freedom I now have, he's the best, and in my humble opinion, the only choice. The burning fire that illuminates the seemingly endless darkness one faces when staring down severe legal consequences. Brett Rosen saved my life.
Eric S