New Jersey Weapons Possession Criminal Lawyer
The Iler Law Firm represents clients charged with aggravated assault, cocaine distribution, and illegal possession of a handgun throughout New Jersey including in New Brunswick, Freehold, Keansburg, Asbury Park, and Neptune, New Jersey. Our experienced criminal defense lawyers are available immediately to assist you at (732)842-7787. The initial consultation is always free of charge.
New Jersey Gun Laws: The Graves Act
New Jersey has some of the most strict gun possession laws in the country. The Graves Act, N.J.S.A. 2C:43-6, is the main firearm and gun possession statute in New Jersey. The Graves Act provides for certain enhanced penalties, mandatory incarceration, and periods of parole ineligibility depending on the offense committed and the defendant's prior record. The ability to plea bargain around these mandatory penalties is extremely limited. As a result, many times our experienced criminal defense lawyers take these cases to trial rather than accept a lengthy prison term on behalf of our clients. The firm recently tried an illegal handun possession case in Monmouth County and the jury found our client not guilty. Our 22-year-old client was facing ten (10) years in prison and, under the Graves Act, was facing a mandatory minimum of five (5) years in prison without parole eligibility.
The Graves Act provides for mandatory imprisonment and parole ineligibility for certain crimes including:
- Sawed Off Shotgun Possession - N.J.S.A. 2C:39-3(b)
- Possession of a Defaced Firearm - N.J.S.A. 2C:39-3(d)
- Possession of a Firearm for an Unlawful Purpose - N.J.S.A. 2C:39-4(a)
- Unlawful Possession of a Machine Gun - N.J.S.A. 2C:39-5(a)
- Unlawful Possession of a Handgun - N.J.S.A. 2C:39-5(b)
- Unlawful Possession of a Rifle or Shotgun - N.J.S.A. 2C:39-5(c)
- Certain Persons Not to Have Weapons - N.J.S.A. 2C:39-7
- Manufacture, Transport of a Machine Gun - N.J.S.A. 2C:39-9(a)
- Manufacture, Transport of a Sawed Off Shotgun - N.J.S.A. 2C:39-9(b)
- Manufacture, Transport of Defaced Firearms - N.J.S.A. 2C:39-9(e)
- Manufacture, Transport of Assault Firearms - N.J.S.A. 2C:39-9(g)
Further, if the Defendant is accused of committing or attempting to commit any of the following offenses while using or in possession of a firearm, the Graves Act requires mandatory prison time and parole ineligibility:
- Homicide - N.J.S.A. 2C:11-3
- Manslaughter - N.J.S.A. 2C:11-4
- Aggravated Assault - N.J.S.A. 2C:12-1(b)
- Kidnapping - N.J.S.A. 2C:13-1
- Sexual Assault - N.J.S.A. 2C:14-2(a)
- Aggravated Sexual Contact - N.J.S.A. 2C:14-3(a)
- Robbery - N.J.S.A. 2C:15-1
- Burglary - N.J.S.A. 2C:18-2
- Escape - N.J.S.A. 2C:29-5
For additional information, contact our experienced criminal lawyers at (732)842-7787.
