Find out if you have a good case
Despite the fact that the U.S. Constitution guarantees your right to own a weapon, that right is significantly limited by the parameters of New Jersey law. New Jersey imposes some of the harshest penalties in the country for weapons charge convictions. The bottom line is that even taking a lawfully owned firearm from your home for lawful purposes can expose you to significant jail time under these unforgiving New Jersey laws.
Not only are the penalties for weapons crimes tough, but they are strictly enforced by the police and prosecutors. If the weapon is a firearm, you might even face mandatory minimum jail time in Essex County under the New Jersey Graves Act.
Regardless of the type of weapons charge involved, you don’t have to fear judgment when seeking our legal help. We treat all of our clients with the dignity and respect that you deserve—and we take your weapons charge seriously. Our weapons charge defense lawyers know what’s at stake when you’re accused of a weapons offense. We leave nothing to chance. We know that every piece of evidence matters, so we examine every detail of your case to identify the strongest defense strategies available.
At Birkhold & Maider, LLC, our lawyers have a comprehensive understanding of New Jersey weapons laws necessary to get the best possible result in your case. We know that you may be completely unfamiliar with the criminal justice system. We’re here to protect your future and your freedom, so call or contact us online today for a free consultation to tell us what happened in your case.
Weapons charges can apply under many different circumstances, including:
One common scenario that we see involves clients arrested on a weapons charge for transporting their lawfully purchased gun out of the home. You might even be carrying your gun to the shooting range. Unfortunately, permits for carrying your gun outside the home are almost never issued and strict requirements apply for transporting a gun. You can face second-degree criminal charges that can result in:
Other weapons charges may be punished as third or fourth-degree crimes, which may carry less substantial jail sentences. This is usually the case if the weapon involved is not a gun. Third and fourth-degree convictions are still felony convictions, however, and will result in significant negative consequences.
After we secure your bail, our team of weapons charges defense lawyers will jump into action immediately to obtain every piece of evidence in your case. Our goal is to build the strongest and most effective defense possible in your case. Effective defenses may include:
To avoid mandatory jail time without parole, we may be able to apply for what is known as a “Graves Act waiver”. If you are a first-time offender, we may be able to secure admission to the New Jersey pre-trial intervention (PTI) program. Upon completion of PTI, your weapons charges may be dismissed and you can avoid jail and even conviction.
Our team of top-level defense lawyers will work tirelessly to identify every weakness in the prosecution’s case. This involves carefully analyzing the circumstances of your arrest and developing a strategy that presents all evidence in a favorable light. We never let the prosecution win without a fight. Contact us today so that we can begin our fight in your case.
If you or a loved one have been charged with committing any type of weapons offense in New Jersey, you can’t afford to take the allegations lightly. Your first step should be to contact an experienced lawyer so that we can begin forming your defense immediately. Remember, it can take time to gather the necessary evidence in your case, so time really does matter.
To discuss options for your defense, call our experienced Essex County weapons charges defense lawyers today. We are based in Nutley, NJ, and serve clients throughout northern New Jersey.
If you are convicted for a weapons charge under the Graves Act, you will face mandatory jail time without parole. In rare cases, we may be able to secure a waiver of this jail sentence. Under a Graves Act waiver, the prosecution may reduce your charges so that you are subject to a lower prison sentence. We can also argue that pre-trial intervention is more appropriate based upon the specific circumstances of your case.
Under the New Jersey Graves Act, the mandatory minimum jail sentence that must be served without parole is (1) one-half your sentence or (2) 42 months. The greater of the two time periods will apply.
You don’t have to possess or use a gun in order to be charged with a weapons offense in New Jersey. Weapons charges can apply in cases involving knives, paintball guns, air guns, metal knuckles, slingshots, stun guns, or even basic components that can be assembled into a weapon. Possessing more than the legal amount of pepper spray can result in a weapons charge.
Couldn't have worked with a better team. Bob & Jess were super helpful and made the process easier to get through. I highly recommend their services!what our clients are saying