Gun Crime Attorney in Union County, NJ
If you are charged with a gun crime, it can be an overwhelming and emotionally charged experience. This is because many gun crimes come with hefty penalties. Whether your gun crime is a misdemeanor or a felony, you should consider hiring a Union County gun crime lawyer to help you with your case.
Finding an experienced lawyer with a thorough knowledge of Union County’s legal system can be a challenge. Luckily, at The Law Offices of Jared B. Weiss, we are fully equipped to handle your gun crime case. Jared B. Weiss is an NJ Certified Municipal Court Trial Attorney who provides personalized, attentive, and competent service to every client that walks through the door.
What Are Examples of Gun Crimes?
The right to bear arms is a fundamental right according to the 2nd Amendment of the United States Constitution. However, there are certain responsibilities that come with this right to carry firearms. When these responsibilities are broken, it may be a crime. The following are examples of gun crimes:
- Unlawful possession or possession without a permit
- The use of a firearm to commit a felony, such as drug trafficking, assault, murder, etc.
- The use of a stolen firearm; in a 2021 report by the United States Sentencing Commission, 4% of offenders prohibited from possessing firearms used stolen firearms
- The use of a prohibited weapon
- Trafficking firearms
- The use of firearms on school grounds
New Jersey Gun Crime Laws
Although there are some misdemeanor gun crime cases in New Jersey, most are charged as felonies. In New Jersey, gun crime laws are pursuant to the New Jersey Code of Criminal Justice Chapter 39.
For example, unlawful possession is a second-degree felony, unlawful use of a firearm on a college or any school grounds is a third-degree felony, and a person convicted of a felony in possession of a firearm can be charged with a first-degree felony.
Gun Crime Penalties in New Jersey
Gun crime penalties in New Jersey depend on the severity of the crime committed. However, generally, New Jersey carries pretty strict gun crime laws. Specifically, the Graves Act increases mandatory minimum sentences for firearm charges to serve the greater of one-half of the sentence or 42 months. Most gun crimes in New Jersey are first to fourth degree felonies and can mean serving 18 months to life in prison.
Common Firearm Charges Defenses
Union County has some of the lowest rates of gun crime deaths in the state, with 4.0 deaths per 100,000 people between 2016 and 2020, according to a New Jersey Department of Health report. However, gun crime deaths are still a serious issue, and if you find yourself involved in a gun crime case, you have several defenses available to you, including the following:
- Lack of knowledge. Knowledge of the firearm’s existence is of utmost importance in a gun crime case. If you did not know the firearm was in your possession, or in your vicinity, you may have a defense.
- Lack of possession. If the firearm was not in your possession but rather in a shared space or in someone else’s possession, you may have a case.
- Unlawful search and seizure. It is your Constitutional right to lawful searches and seizures. Therefore, if the firearm in question was seized unlawfully, you may have a viable firearm charges defense.
- Lawful possession. If you can prove that you have a permit or have legal possession of a firearm, then you may have a strong defense.
- Self-defense. In some cases, people may use firearms if they are in imminent harm or danger. In this case, a competent Union County gun crime attorney may be able to defend your case.
If you believe any of these are true for your case, you may want to hire a gun crime lawyer as soon as possible. The quicker you involve a lawyer to help with your case, the quicker you may receive justice and be closer to freedom.
FAQs
Does NJ Have the Strictest Gun Laws?
New Jersey has some of the strictest gun laws in the country. One factor that contributes to this is the Graves Act, which established a mandatory minimum sentence for firearms charges. The state has over a hundred gun laws, with each territory having unique laws and provisions. In the United States, it ranks in the top ten for strict gun laws.
What Happens if You Get Caught With a Gun in Union County, NJ?
If you get caught with a gun in Union County, New Jersey, you have a lawful permit, and did not break any laws, you may not be charged with a crime. However, if your firearm is not registered, is an illegal firearm, or is used in a prohibited place, you may be committing a gun crime. The first thing you should do is contact a competent Union County gun crime attorney to help you navigate the situation.
What Are the Gun Laws in New Jersey Right Now?
There are several gun laws in New Jersey right now. Some of the most common gun crime laws are unlawful possession, which is possessing a firearm without a valid permit, possessing an unlawful firearm, such as machine guns, silencers, or firearms lacking a serial number. Other gun laws include possession in certain public places and school zones. The penalties can range from fourth-degree to first-degree felonies.
Can You Point a Gun at Someone on Your Property in NJ?
Whether you can point a gun at someone on your property in New Jersey depends on the circumstances. Generally, non-deadly force is lawful in New Jersey when a person can prove self-defense and that they were reasonably in imminent danger and can prove self-defense according to N.J.S.A. 2C:3-4. However, in some cases, being on your property isn’t always justified.
Hire a Gun Crime Lawyer Today
Gun crime laws in New Jersey are strict, but can be confusing if you do not have a thorough understanding of the law. This is where the insight of a competent and skilled lawyer can be invaluable. At the Law Offices of Jared B. Weiss, we are committed to defending your case with a straightforward, skilled, and accurate approach. Contact us today for a consultation and learn how we can help you with your gun crime case.
