Burlington County Possession of a Weapon for Unlawful Purposes

Unlawful Purpose Defense Attorneys Burlington County New Jersey

If you were in a domestic dispute, fight with a third party or another incident that resulted in a charge for possession of a weapon for an unlawful purpose, you definitely need to hire the best Burlington County criminal lawyer you can find. Make no mistake about it, a violation of N.J.S.A. 2C:39-4 is a crime of either the second degree or third degree that carries the possibility of 3-10 years in prison, depending on the type of weapon (e.g. handgun or other firearms, knife, bat, etc.) and other circumstances. Representation by a skilled defense attorney is crucial to maintaining your liberty. Our firm has unique qualifications that are truly hard to find elsewhere in the state, let alone at 217 High Street, just a block from the Burlington County Superior Court in Mout Holly New Jersey.

We are the Law Offices of Jonathan F. Marshall, powerhouse criminal defense practice that can ensure that you escape a conviction for possessing a weapon for unlawful purposes. Our rare qualifications include:

  • Over 200 years of combined experience representing clients arrested for weapon charges in Burlington County
  • A team of former prosecutors that have served as Director of the Gun Task Force, Trial Division, Major Crimes, Juvenile Division, Drug Task Force and Special Operations
  • Certified Criminal Trial Attorneys
  • Decades of success stories in weapon cases arising in Burlington City, Mt. Holly, Pemberton, Beverly, Westampton, Evesham, Maple Shade, Mount Laurel, Bordentown, Florence, Willingboro and elsewhere in the county

To speak to one of our talented attorneys in a free initial consultation, contact our Mount Holly Office at 609-491-2110 anytime 24/7. A member of our team will be happy to discuss your case in detail and to formulate a plan to secure your release at an upcoming detention hearing or favorably resolve your charges. We are also available if you simply have questions regarding the New Jersey Possession of a Weapon for an Unlawful Purpose Law.

Possession of a Weapon for Unlawful Purposes Lawyers in Mount Holly NJ

N.J.S.A. 2C:39-4 makes it a crime to possess a weapon with a purpose to use it unlawfully against another person or property. Possession of a firearm, an explosive or a destructive device for an unlawful purpose is a second degree crime. It is a third degree crime to possess any other form of weapon for such a purpose. The following are some of the more common questions that arise when someone is charged with a 2C:39-4 offense.

How Is “Unlawful Purpose” Defined Under NJ Law?

The definition for unlawful purpose is the conscious object, design or intent to use the “weapon” against an individual or property. There must be a finding that the accused intended to use the weapon in such a manner in order for the state to prove this criminal charge.

What Are The Penalties For Violating N.J.S.A. 2C:39-4?

A second degree crime for possession of a handgun, shotgun, rifle or another firearm for an unlawful purpose is very serious. It carries a potential fine of $150,000 and 5-10 years in prison. In addition, a second degree unlawful purpose offense triggers the mandatory minimum parole ineligibility requirements of the Graves Act.

A third degree crime for unlawful purposes (i.e. weapon other than a firearm) results in 3-5 years in prison and a fine of up to $15,000. You should also know that there is a rare circumstance where 2C:39-4 can result in a fourth degree crime, namely, when the weapon is an imitation firearm. An individual faces up to 18 months in prison and $10,000 fine when this is the case.

Do I Have To Go To Jail or Prison If I Was Arrested On Unlawful Purposes Charges?

No. There are several options that will allow you to avoid incarceration, even in the event of a plea or finding of guilt to possession of a weapon for an unlawful purpose. Obviously, the best possible outcome is dismissal. There is also the possibility of diverting prosecution through Pretrial Intervention. This program allows someone to avert a criminal record and other consequences by successfully completing a period of probation.

Are There Additional Considerations Where The Offense Stems From Allegations of Domestic Violence?

Yes. The victim of domestic violence has the ability to seek a restraining order. What this means is that allegations of an aggravated assault, terroristic threats or another criminal offense involving a weapon will not only result in the additional criminal charge of possession of a weapon for unlawful purpose but also the entry of a temporary restraining order preventing you from communicating or having contact with the alleged victim. You will need an attorney who is adept in both of these areas of law like those at our firm if this is your situation.

Can I Win A Detention Hearing If I Am Charged With Possession of a Weapon for an Unlawful Purpose?

Yes. The state bears the burden of establishing that you should remain in custody; the presumption is that you should be released. Lawyers at our firm have an extremely high success rate in winning detention hearings in cases involving clients arrested for possession of a weapon for unlawful purposes. This is particularly true where the Public Safety Assessment is less than extreme.

Unlawful Purpose Lawyer in Mount Holly New Jersey

It should be readily apparent from this information that a weapon offense under 2C:39-4 is something that you need to take extremely seriously.  An unlawful purpose charge involving a weapon is always a felony that can land you in prison, as long as ten years. Selecting the right lawyer to defend this offense at the county courthouse in Mount Holly is imperative to the protection of your future. The lawyers at the Law Offices of Jonathan F. Marshall include former prosecutors, even a director of the gun task force, as well as members whose experience is so extensive that they have been certified by the Supreme Court as certified criminal trial attorneys. Call us at 877-609-491-2110 to speak to an accomplished Burlington County weapons defense attorney immediately.