Weapons Charges & Penalties in New Jersey
Each state has varying laws when it comes to weapons offense charges and it is important to know these charges and penalties when facing criminal charges in your own state. The state of New Jersey is often considered to be one of the strictest states when it comes to weapon charges and their associated potential legal penalties.
New Jersey Laws Regarding the Unlawful Possession of Weapons
New Jersey law regarding the unlawful possession of weapons defines it as illegal ownership of any weapon or item that is capable of lethal use or injury. Unlawful possession requires the following factors:
- There must have been a weapon
- The defendant charged must have been in possession of the weapon
- The defendant charged must have knowledge of what the item is and the damage that it could incur
- The weapon or situation must not be allowable under New Jersey laws
While possession of firearms is the most common charge, individuals can be charged with other types of weapon possession.
Potential Penalties for Weapon Charges in New Jersey
The potential consequences and penalties for weapon charges in New Jersey will vary, depending on the details of your case. Details like the type of weapon and the environment can dictate the expected charges. The state of New Jersey divides the penalties in the following ways:
- Unlawful possession: Unlawful possession includes cases when an individual knowingly owns an illegal weapon or uses it in an inappropriate manner. This might include the possession of a firearm or any other weapon that requires a license or permit to carry. Individuals will face up to five years in prison, depending on the degree of the crime.
- Possession for unlawful purposes: When an individual faces a possession for unlawful purpose legal charges, it covers crimes in which the defendant was carrying the weapon with the intent of committing a criminal act. It is not uncommon to face possession for unlawful purposes and burglary charges together. Individuals face up to 10 years in prison.
- Prohibited weapons: There are certain weapons in the state of New Jersey that are prohibited and licensure is not available. These include items like destructive devices, sawed-off shotguns, defaced firearms, and silencers. Individuals face up to five years in prison when in possession of a prohibited weapon.
Your Legal Options Following a Weapon Charge in New Jersey
Each of the weapon charges in New Jersey carries potential jail time. It is important to take action as soon as possible when facing weapon charges. Your lawyer’s legal defense will depend on the details of the charges and the type of weapon charge you are facing. In some weapons cases in New Jersey, the knowledge of the weapon was not legally received. It is also not always clear who the weapon belongs to, unless it is actively on the defendant at the time of the arrest.
Additionally, while juveniles might face less severe charges when it comes to weapons in New Jersey, their criminal record can stay with them for life. It can be useful to utilize the services of a criminal lawyer, whether you are learning more about your potential penalties or preparing for a juvenile weapons charge in court.
Contact an Experienced Camden County Criminal Defense Lawyer About Your Weapons Charges in New Jersey
Were you arrested or charged with weapons charges in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Gelman Law, LLC have successfully represented clients charged with weapons charges in Cherry Hill, Camden County, Burlington County, Gloucester County, and throughout New Jersey Call (856) 474-1450 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 1940 W Rte. 70, #4, Cherry Hill, NJ 08003.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.
