Essex County Weapons Crime Attorney
Gun crimes and other weapons offenses carry severe penalties under New Jersey law. Facing any type of weapons charge is a serious matter, and getting convicted can negatively impact your life in many ways, even if you are able to avoid prison time. Essex County weapons crime attorney Scott Gorman has successfully represented many clients facing these charges, and he can use his experience to help you avoid unnecessary consequences.
As with all crimes, if you are facing charges for a gun crime or other weapons offense in New Jersey, there are both steps you need to take and mistakes you need to avoid. Keep reading to learn what you need to know, then contact us for a free, no-obligation consultation 24/7.
Talk to Essex County Gun Crime Lawyer Scott Gorman about Your Case for Free
The New Jersey Statutes establish several gun crimes and other weapons offenses. While some lower-level violations are prosecuted as disorderly persons offenses, many weapons crimes are indictable offenses—which are comparable to felonies in other states. Regardless of the specific charges you are facing, you need an experienced lawyer on your side. Essex County gun crime lawyer Scott Gorman provides representation for cases involving allegations such as:
- Gun Permit Violations – In New Jersey, you are required to obtain a permit to legally possess a firearm. Having a gun without a permit is a prosecutable offense.
- Handgun Violations – Additional requirements apply for those wishing to purchase or possess a handgun. Violating New Jersey’s handgun restrictions is a common charge in criminal cases.
- Underage Gun Possession – Juveniles under age 18 can face charges for possessing any type of gun (permits are only available to adults), and young adults under age 21 can face charges for possessing a handgun (handgun permits are only available to adults over age 21).
- Assault Weapon Possession – All assault weapons are prohibited under New Jersey law. You cannot obtain a permit for an assault weapon, and possessing any type of assault weapon can lead to prosecution in criminal court.
- Firearm Transportation Violations – Under New Jersey law, any firearm being transported in a vehicle must be unloaded, in a locked case, and inaccessible to the driver and passengers.
- Ghost Gun, Bump Stock, Magazine and Other Weapons Violations – Ghost guns (those assembled with untraceable parts), bump stocks and magazines exceeding 10 rounds are all prohibited in New Jersey. Possessing any of these items can lead to substantial penalties in court.
In addition to establishing these types of weapons-specific offenses, New Jersey law imposes enhanced penalties for committing other crimes while possessing a deadly weapon. For example, possessing a “deadly weapon” can elevate a simple assault to an aggravated assault—and this can increase the charge from a disorderly persons offense to a fourth-degree, third-degree or even second-degree indictable crime.
What You Need to Know When Facing a Weapons Charge in New Jersey
So, you are facing a weapons charge in New Jersey. What do you need to know? Here are some key facts about New Jersey’s gun crime laws from Essex County weapons crime attorney Scott Gorman:
1. You Can Lose Your Right to Carry a Firearm Without Going to Court
Many individuals who are charged with gun possession crimes in New Jersey are surprised to learn that they have lost their right to carry a firearm. Under New Jersey’s “red flag” law, the police can confiscate a person’s firearms if they obtain approval from a judge based on evidence that the person poses a threat to themselves or others. In addition, protective orders issued in domestic violence cases and other legal matters can cause individuals to lose their gun possession rights. You can also lose your right to possess a firearm if you are determined to be drug dependent or suffering from a mental disorder.
If you have a permit and are still being charged with unlawful firearm possession, you need to figure out why. Essex County weapons crime attorney Scott Gorman can determine why you are being charged with a crime, and he can build a defense strategy focused on the specific facts of your case.
2. Many Weapons Crimes Carry Substantial Prison Terms in New Jersey
As we mentioned above, many weapons crimes are categorized as indictable offenses under New Jersey law. The penalties for these crimes are as follows:
- Fourth-Degree Weapons Offenses – Up to 18 months in prison and a $10,000 fine.
- Third–Degree Weapons Offenses – Up to five years in prison and a $15,000 fine.
- Second–Degree Weapons Offenses – Up to 10 years in prison and a $150,000 fine.
In addition, if you are convicted of a weapons crime in New Jersey, you can lose your right to carry a firearm. A weapons crime conviction can also lead to various other legal consequences, and it can impact your ability to get a job, your child custody rights and other aspects of your personal life as well.
3. There are Several Possible Defenses to Weapons Crime Charges in New Jersey
Depending on the circumstances of your case, there are several defenses an Essex County weapons crime attorney may be able to assert on your behalf. Some examples of potential defenses to unlawful gun possession, handgun violations, and other gun crimes include:
- You had the lawful right to possess the firearm in question
- You weren’t actually in possession of the firearm in question
- The police sized your firearm or other evidence in violation of your Fourth Amendment rights
- The police or prosecutors have violated your rights under the Fifth or Sixth Amendment
- Prosecutors do not have the evidence they need to prove your guilt beyond a reasonable doubt.
Request a Free Consultation with Essex County Weapons Crime Attorney Scott Gorman
Regardless of the circumstances of your case, if you are facing a weapons charge in New Jersey, you need an experienced attorney on your side. To schedule a free and confidential consultation with Essex County weapons crime attorney Scott Gorman, call 201-489-9199 or request an appointment online now. Our offices are located in Essex County and Morristown.