NJ Unlawful Possession of a Weapon Lawyers

Fighting Unlawful Weapon Possession Charges in New Jersey

Being charged with unlawful possession of a weapon in New Jersey is scary. These allegations can threaten your reputation, freedom, and future if not properly defended. Here in New Jersey, weapons charges should never be taken lightly.

In this article, I’ll explain what constitutes unlawful weapon possession under NJ law, potential penalties, and viable defense strategies. My goal is to help you understand your rights and options if facing these serious criminal charges in New Jersey.

Unlawful Weapon Possession Laws in New Jersey

The main New Jersey statute covering unlawful weapon possession is 2C:39-5. Under this law, it is illegal to possess various weapons under circumstances not manifestly appropriate for lawful use. Weapons include[1]:

• Firearms
• Destructive devices (bombs, grenades)
• Daggers, dirks, stilettos
• Clubs, saps
• Metal knuckles
• Machine guns
• Silencers

Unlawful purposes involve intending to use the weapon against people or property without justification. Mere lawful possession is not enough for these charges[2].

Penalties for Unlawful Weapon Possession Convictions in NJ

Illegal weapon possession is categorized from 3rd to 1st degree crimes based on the type of weapon and intent. Potential penalties upon conviction include[3]:

• 3rd Degree – Up to 5 years in prison
• 2nd Degree – 5 to 10 years in prison
• 1st Degree – 10 to 20 years in prison

Fines up to $150,000 and other consequences like probation and community service may also apply[4]. Prior felony convictions can lead to mandatory extended prison terms.

Defending Against Unlawful Weapon Possession Charges in NJ

While weapon possession charges may seem straightforward, viable defenses often exist. An experienced criminal defense lawyer could potentially argue[5]:

• You did not actually or constructively possess the weapon
• The circumstances were manifestly appropriate for lawful use
• You had no knowledge the item was a prohibited weapon
• The police violated your rights in seizing the weapon

An effective defense requires aggressively contesting the prosecution’s evidence and legal interpretations. For example, arguing you only carried the weapon for self-defense purposes[6].

Why Hiring an Attorney is Crucial

Attempting to defend yourself against unlawful weapon possession charges is extremely risky. These cases often come down to complex legal arguments regarding justification and intent. A skilled attorney can help by:

• Filing motions to suppress illegally seized weapons
• Challenging the characterization of weapons under the law
• Raising justifications like self-defense
• Negotiating dismissal or reduction of charges

Navigating New Jersey’s complex weapons laws on your own is very difficult. Before speaking to police or prosecutors, be sure to consult an attorney to protect your rights.

Let Our Attorneys Help Fight Your NJ Weapon Charges

Defending against unlawful weapon possession allegations in New Jersey requires experienced legal representation. Our team of criminal defense attorneys includes experts in weapons law with a proven record of successfully defending 2C:39-5 charges. Let us review your case and build the strongest defense.

Don’t leave your future solely in the hands of prosecutors – make sure your rights are protected. Contact our office today to schedule a free consultation. There are always options in these cases and we can help you identify the best legal strategies.