Weapons Charges Defense Lawyer

New Jersey has some of the strictest weapons laws in the United States, and some of the most challenging to navigate. In addition, the definition of a “weapon” in this state goes well beyond firearms. Under the right circumstances, a situation can quickly spiral out of control, leading to potentially life-changing weapons charges.

The complexity and uniqueness of New Jersey law regarding weapons, and the severity of penalties, means that it is critical to have an experienced weapons charge lawyer protecting your interests. New Jersey takes weapons offenses very seriously; if you have been charged, you can’t afford to take them any less seriously. A firearms charge can put your freedom, and your future, at risk.

Attorney Adam Lamparello is a skilled defense attorney and litigator. He understands New Jersey and federal weapons law, and how to strategize to protect your rights in these cases right from the start. Contact Lamparello Law, Education & Advocacy to schedule a consultation.

Types of Weapons in New Jersey

In New Jersey, “weapons” can include not only firearms but a variety of items that can cause physical injury or death, including:

• Knives
• Clubs
• Bats
• Explosive devices
• Slingshots
• Brass knuckles
• Stun guns
• Tasers and similar conducted energy devices (CEDs)
• Pepper spray and similar chemical substances in excess of ¾ ounce

If used to harm someone, or brandished in a threatening manner, everyday items like kitchen knives, steel-toed work boots, or glass bottles can also be considered weapons. In other words, you don’t need to have a gun to be considered “armed” in New Jersey.

Although guns and other firearms are not the only items that can lead to a New Jersey weapons charge, they are the most consequential, in large part due to The Graves Act.

New Jersey Graves Act: Mandatory Minimum Sentences

The Graves Act is a New Jersey Statute (N.J.S.A.2C: 43-6(c)) that imposes mandatory minimum sentences for committing certain crimes with a firearm or for possessing legal firearms. It applies to:

• Handguns
• Rifles and shotguns
• Machine guns
• Sawed-off shotguns
• Defaced firearms
• Antique firearms
• Air guns, BB guns, or pellet guns that fire projectiles using compressed gas or a spring

The Graves Act applies to unlawful possession of standard firearms (including handguns, rifles, and shotguns) as well as possession of prohibited firearms (such as sawed-off shotguns, firearms with the serial number removed, or assault firearms). The law also applies to people who commit certain serious crimes while armed with a firearm, even if they don’t actually use the firearm, and even if the gun doesn’t actually work.

The Graves Act essentially removes much of a judge’s discretion when sentencing. In situations where the Act applies, a judge cannot sentence a defendant to probation; a state prison sentence is mandatory, even for first-time offenders with no prior record.

Furthermore, there is a mandatory period of parole ineligibility: the greater of either one-third to one-half of the prison sentence, or 42 months (3 ½ years) in prison. (Some lesser offenses have a mandatory minimum 18 months of parole ineligibility.) There is no credit for time served or good behavior; every one of the required days must be served. Even then, parole isn’t a guarantee.

Because New Jersey doesn’t recognize other states’ concealed-carry permits, a person with a valid permit from, say, Pennsylvania, is committing a crime that carries a typical 5-10 year prison sentence the moment they enter the state.

Fortunately, when there are mitigating factors (like a previous clean record), it may be possible to get a Graves Act Waiver. However, the process requires the prosecutor to seek the waiver on the basis that application of the Graves Act would not serve the interests of justice. A knowledgeable weapons charges lawyer will file a “mitigation package” and make a formal request to the prosecutor to seek a waiver. If a prosecutor arbitrarily denies a waiver, a weapons charges lawyer can also file a special motion asking the judge to overrule the arbitrary denial.

Defending Against New Jersey Weapons Charges

Lamparello Law, Education & Advocacy represents clients against a wide range of New Jersey and federal weapons charges. Attorney Adam Lamparello is an experienced litigator and former law professor who can defend you against charges including:

• Unlawful possession of a handgun
• Unlawful possession of a rifle or shotgun
• Possession of an Assault Firearm
• Unlawful possession of a machine gun
• “Certain persons not to have weapons” charges
• Possession of a firearm by a juvenile
• Possession of a weapon for an unlawful purpose
• Possession of a weapon during a drug offense
• Weapons in a school zone
• Possession of a defaced firearm
• Possession of a sawed-off shotgun
• Possession of large capacity magazines (LCMs)
• Possession of prohibited weapons (such as silencers, hollow-point bullets, brass knuckles)
• Possession of an imitation firearm

New Jersey weapon charges often hinge on the facts of the case. An experienced weapons charges lawyer can challenge unlawful searches and seizures, introduce mitigating factors that can affect the outcome of a case, and advocate you at every step of the process.