Defending Against Firearm and Weapon Charges in Newark and Throughout Essex County
You’re here because an officer, a detective, or TSA found a weapon on you. The charge you face might feel overwhelming. You want an Essex County unlawful possession of a weapon attorney to walk you through what the law means and how they will build a defense that fits your specific situation.
The Law Offices of Jonathan F. Marshall is the largest criminal defense firm in New Jersey. One of us served in the Essex County Prosecutor’s Office, which provides us with insight into how these cases are handled on the other side of the aisle. We’ll use that experience, and the relationships that come with it, to your advantage in the fight for a result you can live with. Schedule a free case evaluation with our firm as soon as you can.
What “Unlawful Possession” Means in New Jersey
New Jersey’s weapons rules are strict. Unlawful possession is mainly charged under N.J.S.A. 2C:39-5. In plain terms, the statute makes it a crime to possess certain firearms or other weapons without the permits, cards, or legal exemptions that make possession lawful. For handguns, the state treats simple possession without a permit as a second-degree offense. Rifles and shotguns without the required firearms purchaser identification card are usually charged as third-degree crimes.
New Jersey pairs unlawful possession with the “Graves Act,” which creates mandatory prison time for many gun cases. If the Graves Act applies, a judge must impose a period of parole ineligibility measured in years, unless the prosecutor exercises limited discretion to seek a lower floor or a waiver in special circumstances.
As your Essex County unlawful possession of a weapon attorney, we will also separate your charge from other, more serious “purpose” offenses under N.J.S.A. 2C:39-4, which deal with possessing a weapon with intent to use it unlawfully. Many clients are charged with both; many are not. Understanding the difference guides the entire strategy because the proof the State needs, and the defenses we’ll raise, are not the same.
What Penalties Are on the Table?
Second-degree gun possession (typically handguns without a carry permit) carries five to 10 years in state prison. Third-degree gun possession (often rifles or shotguns without proper credentials) carries three to five years. Fourth-degree weapons possession (certain other items) can mean up to 18 months. In limited cases, prosecutors may seek a lower minimum sentence or a waiver, allowing for probation with a county jail term. We’ll discuss those options with you early because they can significantly impact plea talks and trial posture.
It’s crucial that you remember the consequences don’t stop at prison. A felony record can restrict employment, housing options, licensing, and your ability to possess firearms in the future. Courts can add fines, forfeiture of the weapon, and other collateral penalties. Our goal is to cut those down – or avoid them outright – by challenging the evidence, identifying legal exemptions, or moving for dismissal.
Your Essex County unlawful possession of a weapon lawyer will also explain the difference between your case and “certain persons” offenses under N.J.S.A. 2C:39-7, which punish people prohibited from possessing firearms because of prior convictions or orders. If that statute is at issue, the stakes rise. If it’s not, we’ll keep the focus where it belongs: the narrow possession charge and its proof.
Where Do “Exemptions” Fit, and Why They Matter
New Jersey law includes specific carve-outs for lawful possession and transport. Examples include moving between home and a target range, or between home and a gunsmith, when very strict conditions are met. People often misunderstand these rules and learn about them only after being charged.
If your facts align with an exemption, the case appears very different. We’ll review your travel route, timing, method of transport, and documentation to determine whether an exemption applies.
An experienced Essex County unlawful possession of a weapon lawyer will bring in proof that supports a lawful-transport theory when it’s available: range logs, competition schedules, repair invoices, or moving records. If we can show a lawful purpose within a recognized route and method, we can leverage that to your advantage.
How We’ll Work to Prove You Didn’t Commit the Crime
Weapons cases are not automatic wins for the State. The prosecution must show actual or constructive possession and, for firearms, that the item is a working firearm or meets the legal definition. Here’s how we’ll approach proof in your case:
Possession
Many arrests stem from stops involving multiple people in a vehicle or shared space within an apartment. If the gun wasn’t found on your person, the State must prove you knew about it and had the power to control it. We’ll attack any leap from “nearby” to “yours.” As your Essex County unlawful possession of a weapon attorney, we will press the prosecutor on fingerprints, DNA, statements, and physical placement. If other people claimed ownership or had stronger ties to the area, that’s important.
Legality of the Stop or Search
A bad stop leads to a bad search. We’ll challenge the basis for the stop, the extension of the stop, the frisk, and any consent the police claim you gave. If the seizure is unlawful, suppression is on the table. Suppression frequently turns a strong case into a dismissal.
Operability and Identification
Laboratory proof must demonstrate that the item is what the State claims and that it functions as a firearm when required. Faulty testing, missing chain of custody, or inaccurate reports are common pressure points. Your Essex County unlawful possession of a weapon lawyer will also separate “possession of a weapon for an unlawful purpose” claims (which require proof of intent) from the simple possession charge; the State often overreaches with that add-on.
Exemptions and Credentials
If you held a valid firearms purchaser identification card, a permit to purchase, or a carry permit from another jurisdiction, we’ll analyze how New Jersey law treats that paperwork. Some credentials don’t transfer, but certain contexts still help a jury understand that you weren’t acting with bad intent. We’ll use the statutory text and official guidance to frame that narrative. One of our skilled Essex County unlawful possession of a weapon attorneys will work to ensure any lawful-transport theory is fully developed with documents and witnesses.
How Negotiations, Waivers, and Diversion Can Change Outcomes
Graves Act cases aren’t one-size-fits-all. Prosecutors have limited authority to seek a lower parole bar or a waiver, even when the facts justify it. State guidelines outline the circumstances under which a reduction to a one-year parole disqualifier or probation is appropriate. While those policies don’t promise leniency, they do provide a structured way to argue for it. Our filing will be thorough, with character records, work history, military service, counseling, and any training or safety background that tells your story.
Regarding track selection, we’ll also discuss diversion possibilities, such as Pretrial Intervention, for eligible defendants. PTI is not automatic in gun cases, but you’ll hear us talk about it because it can lead to dismissal after supervision for certain situations. Prosecutorial consent is required in many firearm matters, and the same policies that govern Graves waivers inform those decisions. An Essex County unlawful possession of a weapon lawyer will map out what documentation gives you the strongest presentation, when to approach the State, and how court timing affects the request.
Take Advantage of Our Essex County Experience
You now have a working understanding of what unlawful possession means here and how we’ll fight it. Our team combines practical, solution-focused advice with courtroom expertise, and our certified trial legal representatives lead case planning from the initial meeting.
Your Essex County criminal defense attorney will keep you informed at every step, outline the effect each decision could have on your life, and press every angle – motions, exemptions, waivers, diversion, or trial – to move your file toward the best outcome the facts and the law allow.
Please don’t hesitate to schedule a free consultation with The Law Offices of Jonathan F. Marshall online for a free consultation. We are ready to get started building the strongest possible defense.
Essex County Weapons Charges FAQs
What makes New Jersey gun possession cases so serious?
Mandatory jail time sentences under the Graves Act turn otherwise negotiable cases into prison-first situations unless a waiver or reduction is granted.
Is every handgun possession case a second-degree crime?
Handgun possession without a permit is typically classified as a second-degree offense. However, the specific facts and charging choices matter.
Could I be released while the case is pending?
New Jersey uses risk-based detention hearings. Many people are released with conditions, but in some cases, an appeal process exists.
Do lawful transport exemptions ever win cases?
Yes, when facts align with the strict requirements and purposes outlined in the statute, we’ll analyze your path, purpose, and how the item was stored.
Will a conviction affect future firearm rights?
Convictions can restrict future possession under New Jersey law. Collateral impacts are real and part of every strategy discussion.
