Criminal Defense Lawyers

NJ Graves Act Lawyers

NJ Graves Act Lawyers

Hey there! If you or someone you love got charged with a gun crime in New Jersey, you could be looking at some mandatory minimum prison sentences under the state’s strict gun law called the Graves Act. This law can really mess up your life, even if it’s your first offense. That’s why it’s so important to get an experienced Graves Act lawyer on your team to help you through this complicated legal situation. In this article, I’ll give an overview of the Graves Act, talk about some common defenses, and explain how having a lawyer can help. I know this is an incredibly stressful time, and my goal here is to educate you so you understand your rights and options.

What is the Graves Act?

The Graves Act is a New Jersey law that requires mandatory minimum prison sentences for people convicted of certain gun crimes. It was put in place back in 1981 and is considered one of the strictest gun laws in the United States. The purpose is to discourage illegal gun possession and use by imposing really harsh punishments.Under the Graves Act, there is a mandatory minimum sentence of 3 years in prison just for possessing a firearm without a permit. If the gun gets used in connection with other crimes, the mandatory minimum jumps to between 5-10 years behind bars. There are also mandatory parole ineligibility periods.The Graves Act applies to a wide range of gun offenses, including:

• Unlawful possession of a weapon
• Possession of a weapon for an unlawful purpose
• Unlawful possession of a handgun
• Possessing a weapon while committing a CDS offense
• Possessing a weapon while committing a bias crime

Unlike most criminal laws, judges don’t have any wiggle room when it comes to sentencing for Graves Act convictions. They have to impose the mandatory minimum sentence, no matter what the specific circumstances are.

Exceptions and Waivers

There are some limited exceptions and waivers to the Graves Act’s mandatory minimum sentences:

• First-time offenders may be eligible for a waiver of the parole disqualifier if they meet certain conditions, like not being involved in gang activity.
• Out-of-state residents may qualify for a waiver if they can prove the gun is legally registered in their home state and they didn’t intend to unlawfully possess it in NJ.
• Pretrial Intervention (PTI) may be an option for first-timers to avoid a criminal conviction and jail time.

However, these exceptions are narrowly defined in the law and prosecutors often strongly oppose them. Having an experienced attorney is key to pursuing a waiver or PTI for a Graves Act charge.

Mandatory Sentencing and Parole Ineligibility

The Graves Act sets various mandatory minimum prison terms based on the specific offense and other factors:

• 3 years for simple illegal gun possession
• 5 years if it happened on school grounds or a school bus
• 5 years if it occurred along with drug crimes
• 10 years if it occurred with other crimes like robbery, sexual assault, kidnapping, or aggravated assault

In addition, some Graves Act offenses require mandatory parole ineligibility periods. This means the defendant has to serve a certain portion of their sentence before being eligible for parole. For instance, there’s a mandatory 3 year parole disqualifier just for simple illegal gun possession. The length of the parole ineligibility and overall prison sentence depends on the particular circumstances. A lawyer can advise you on the likely penalties if you’re convicted under the Graves Act.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Defenses to Graves Act Charges

Even though the Graves Act has really harsh punishments, there are some defenses an experienced attorney may be able to raise on your behalf. Common defenses include:

• You didn’t knowingly possess the gun – for example, someone else left it in your car without your knowledge.
• You had no intention to use the gun unlawfully – you possessed it lawfully for self-defense, hunting, target practice, etc.
• The search violated your rights – if the police did an illegal search, the gun “evidence” could potentially be thrown out.
• You were misidentified – mistaken identity does happen.
• You were entrapped – law enforcement improperly induced you to commit a crime you wouldn’t have otherwise.

A lawyer will thoroughly investigate the facts of your specific case to determine if any viable defenses apply. The goal is to get the charges dismissed or reduced to avoid Graves Act sentencing.

Why Hire a Graves Act Lawyer?

Given the severe penalties for Graves Act convictions, having an experienced criminal defense attorney represent you is critical. A knowledgeable lawyer can:

• Advise you of your rights
• Work to achieve the most favorable outcome
• Evaluate any possible defenses based on the facts of your case
• Negotiate with prosecutors for dismissal or reduction of charges
• Argue to get evidence suppressed if there was an illegal search
• Advocate for an exception or waiver to mandatory minimum sentencing
• Present mitigating factors to the judge at sentencing
• Guide you through the complex criminal justice process

An attorney has the expertise to effectively challenge the prosecution’s evidence and make well-reasoned legal arguments on your behalf. This can make a huge difference in the outcome compared to facing the legal system alone.

Finding the Right Graves Act Lawyer

If you or someone you care about is facing charges under New Jersey’s Graves Act, the most important thing is to find an experienced criminal defense lawyer right away. Look for an attorney who:

• Focuses specifically on NJ gun crimes and Graves Act cases
• Has a proven track record of positive results
• Will thoroughly investigate all the details of your case
• Will give you honest advice about possible outcomes
• Will aggressively defend you in negotiations and court
• Makes you feel comfortable and supported

Don’t leave your fate up to chance. The right Graves Act lawyer will tirelessly fight for you to help avoid the harsh mandatory minimum sentences. They can make all the difference in how your case turns out.

Conclusion

New Jersey’s Graves Act has some of the toughest punishments in the country for gun crimes. The mandatory minimum sentences can be devastating for people and families. But an experienced criminal defense lawyer can thoroughly examine your case for defenses and aggressively protect your rights and future.If you’re facing charges under the Graves Act, please get help from a qualified attorney right away. With a lawyer on your side, you’ll better understand your options and can make informed choices. There is hope to reach an outcome that avoids years behind bars – having a lawyer may be the key to finding it.Let me know if you have any other questions! I’m always happy to help educate people about their legal rights and options. Wishing you all the best.