Unlawful Possession of a Weapon

The Attorneys In Our Local Mays Landing Office Have What It Takes To Achieve the Best Possible Outcome In Your Atlantic County Unlawful Weapon Case

Unlawful possession of a weapon is an offense that our Atlantic County criminal lawyers defend frequently on behalf of clients arrested in Atlantic City, Hamilton, Egg Harbor, Galloway and other municipalities in New Jersey. The charge is contained at N.J.S.A. 2C:39-5 and is a felony crime of the second, third or fourth degree. If you have been charged with unlawful possession of a knife, brass knuckles, razor, bat, police baton or other alleged weapon, hiring the best local attorney will be a significant factor in whether you end up in jail or continue your life as you know it. The attorneys at our firm have the attributes you need with decades of experience, including time serving prosecutors in positions such as Director of Major Crimes, the Trial Team, Gangs Guns & Drugs Task Force and as Chief Counsel to the Governor. Contact our Mays Landing Office today to speak to a lawyer with the tools to successful litigate your unlawful possession case. Attorneys can be reach for free consultation 24/7 at (609) 616-0020.

What You Need To Know If You Were Arrested For Unlawful Possession of a Weapon in Atlantic County

N.J.S.A. 2C:39-5 makes it a crime to knowingly possess a firearm without a proper permit/license or any other weapon  “under circumstances not manifestly appropriate for such lawful uses”. The discussion here is limited to instances where the “weapon” is something other than a handgun, shotgun, rifle or bb/pellet gun. You can refer to our page for unlawful possession of a handgun or unlawful possession of a firearm for a detailed analysis of those varieties of 2C:39-5 weapon charge.

How Is Weapon Defined Under the Unlawful Possession Law? The definition of weapon under 2C:39-5 is anything readily capable of lethal use or of inflicting serious bodily injury. The term not only includes items that are totally illegal in New Jersey such as gravity knives, machetes, billies clubs, grass knuckles and stun guns, but also any object that may be used to cause serious damage.

What Does The Law Mean By “Not Manifestly Appropriate”?  The phrase means that it is readily apparent, understood or recognized from the facts and circumstances that the item wasn’t possessed for lawful use. The key focus in determining whether this standard has been met is the context in which the item is being held (e.g. when, where and how).

Are There Other Elements That Must Be Established By The Atlantic County Prosecutor’s Office? The prosecutor must establish, beyond reasonable doubt, that: (1) the object was a weapon; (2) you actually or constructively possessed it; (3) possession was knowing; and (4) the circumstances were not manifestly appropriate for lawful use.

Can Self-Defense Be Raised To Avoid A Conviction? Self-defense is only a viable where the “weapon” is utilized in the context of a spontaneous and compelling danger. It is not a defense where, for example, it was carried to utilize in an anticipated conflict.

What Are The Potential Penalties If I Am Convicted? It is a fourth degree crime to unlawfully possess a weapon other than a firearm under 2C:39-5. The judge presiding over your case at the Atlantic County Superior Court in Mays Landing can sentence you to up to 18 months in prison and fine you up to $10,000 if you plead or are found guilty of this offense. One way to avoid these penalties is to retain an attorney who can secure Pretrial Intervention.

Unlawful Possession of a Weapon Attorneys in Mays Landing

As attorneys that have been defending weapon charges for well over 150 years combined in Atlantic County and elsewhere, we recognize just how unfair the police and prosecutors can be when pursuing an arrest and conviction. There certainly are many instances where a search or seizure of a car (e.g. improper stop or search) or residence (e.g. no basis for a warrantless entry) is unconstitutional or where an individual is being prosecuted despite his/her possessing the “weapon” for a legitimate use. The lawyers at the Law Offices of Jonathan F. Marshall will ensure that your rights are fully protected so that you have the best chance of averting a conviction. We will invest our extensive knowledge and experience, in addition to our unwavering commitment to you, in order to help you battle through the unlawful possession of a weapon charge pending at the county courthouse in Mays Landing.  To learn more about how we can help you defend an Atlantic 2C:39-5 offense, call (609) 616-0020 to speak to an attorney. Initial consultations with a lawyer at our firm are always free so do not hesitate to pick up the telephone.


Related Atlantic County Legal Resources

Mays Landing Possession of a Weapon for Unlawful Purposes Attorney

Certain Person Not To Possess a Weapon Lawyers in Atlantic County

Mays Landing Criminal Attorneys