The Former Prosecutors & Top Criminal Defense Lawyers In Our Jersey City Office Have The Skill Needed To Successfully Defend Your Hudson County Weapon Offense
The weapon laws in New Jersey are extremely tough, especially those directed at handguns and other firearms. A primary strategy adopted by lawmakers in drafting these statutes was to create harsh penalties to discourage violations. Not surprisingly, the stakes tend to be very high when someone is charged with illegal possession or use of a weapon in Hudson County. If you were arrested in Bayonne, Hoboken, Secaucus, Jersey City, North Bergen or another local municipality, you will therefore need to hire the most talented criminal attorney you can find. Nothing short of a highly accomplished weapon defense lawyer will suffice if you want the best opportunity to maintain your liberty.
At the Law Offices of Jonathan F. Marshall, our lawyers have extensive experience that is time tested with over 150 years between the 10 members of our defense team. It is unfortunately commonplace for attorneys to utilize puffery to create the illusion that they are experienced. Make sure you refer to the biography of those you are considering as things frequently aren’t as they appear. There is no guesswork here as the attorneys on our staff have been licensed for over 15 years in most cases and have served as prosecutors prior to joining the firm. We even employ accomplished litigators who have served as director of major crimes, the entire trial division and the gangs, guns and drugs task force at the county prosecutor’s office.
The weapon defense attorneys in our Jersey City Office are prepared to rigorously fight to protect your freedom. To speak to a lawyer with over a decade of experience defending handgun and other weapon charges in Hudson County, call 201-309-0500.
Weapon Offense in Hudson County New Jersey
Chapter 39 of the New Jersey Criminal Code is where all of the state’s weapon offenses are set forth. The term “weapon” is defined broadly to include any object that is capable of causing death or of inflicting serious bodily injury. It includes not only a handgun, shotgun, rifle or other firearm but also a gravity knives, switchblade, stiletto, billy club, blackjack or similar device intended to inflict injury to another person. It is also important to keep in mind that almost any other object that is capable of causing serious injury can fall within the definition of weapon. For example, a bat possessed by someone in Kearny can be used for sport but also as a weapon to hurt someone. Another item that is even more common would be a coffee mug. While its typically use is to drink a beverage in Secaucus or elsewhere, it can also be used as a weapon to smash into someone’s face as was the situation in a recent case handled by our office. The point is that weapon is a term that can touch upon an endless variety of objects that are capable of being swung, propelled or otherwise used to hurt another human being resulting in a Union City or another local arrest.
When someone possesses some form of weapon, there are a wide range of offenses that can potentially arise under Chapter 39 depending on the type and purpose. Almost every one of these charges has something in common, namely, imposition of a state prison sentence in the event of a finding of guilt. This is one of several reasons why NJ is viewed as one of the iron-fisted jurisdictions in the country. In fact, there isn’t even reciprocity afforded to licensed gun owners when they cross the border into Hoboken, Weehawken, Jersey City or another locale in the Garden State. There are devastating consequences to anyone who lacks a NJ permit or license for a firearm (e.g. handgun, rifle, shotgun, bb/pellet gun) found in their possession. The penalties often include not only the potential for lengthy incarceration but also a mandatory period of parole ineligibility (a.k.a. mandatory minimum term). Hiring the right attorney to defend a weapon offense pending at the Hudson County Superior Court is obviously extremely important given these ramifications. The lawyers at our Jersey City firm can assist you in defending any criminal offense of this nature, including:
- Possession of a Prohibited Weapon or Device
- Possession of a Weapon for Unlawful Purpose
- Possession of a Weapon During The Commission of a CDS Offense
- Unlawful Possession of a Weapon
- Certain Persons not to be in Possession of a Weapon
- Possession of a Firearm without first Obtaining a Valid Permit
- Gun Offense in Jersey City New Jersey
- BB-Guns / Air-soft Guns / Paintball Guns
- Jersey City Handgun Charges
As previously stated, weapon charges tend to be high exposure in terms of penalties. They are always indictable crimes that can only be adjudicated at the Superior Court in Jersey City. A first degree crime results in 10-20 years in prison and a maximum fine of $200,000. A conviction for a second degree crime carries 5-10 years of imprisonment and a fine that can reach $150,000. There is 3-5 years in prison and a $15,000 fine for a third degree crime. The lowest grade of weapon charge someone can face in Hudson County is a fourth degree crime which is punishable by up to 18 months in prison and a fine that can reach $10,000.
Enhanced Penalties When The Graves Act Applies. The Graves Act creates sentencing enhancements that are triggered on top of the penalties previously set forth when a firearm is possessed during the course of commission of a criminal offense. There is both a mandatory period of incarceration and also parole ineligibility when this provision applies. What this means is that you will be sentenced to prison and that you will have to serve a minimum term of confinement before you can be considered for parole. The sentencing judge must impose a minimum period of imprisonment equal to 42 months or one-half of the sentence imposed, whichever is greater, if the conviction is for a first, second or third degree weapon offense. The mandatory minimum term of confinement (a.k.a. period of parole ineligibility) is 18 months for a fourth degree crime falling under the Graves Act.
Bail & Pretrial Detention. When someone is charged with a weapon offense by the police in Jersey City, West New York or Bayonne, they are typically served with a warrant complaint. Unfortunately, there are no longer immediate bails issued in these cases. The accused must be processed and make a first appearance before a judge at Central Judicial Processing who decides whether accused can be released or must be detained. Please note that detention is automatic for an additional three days if the prosecutor files a motion to detain. It is therefore important to hire a savvy attorney like those at our firm so that they may attempted to persuade the prosecutor not to file such a motion.
Criminal Lawyer for Weapon Charges in Hudson County
As you have probably learned from this discussion, weapon charges tend to be both complex and high stakes. If you have been charged with any of the above referenced weapons offenses in Union City, North Bergen, Jersey City, Bayonne, Secaucus or another town in Hudson County, it is clearly imperative that you speak to a criminal lawyer with is highly experienced in defending these types of charges. The lawyers at the Law Office of Jonathan F. Marshall have over 150 years of combined experience, including decades serving as prosecutors. To speak to an attorney on our staff, call our office in Jersey City at 201-309-0500. The consultation is free so do not hesitate to contact us for the guidance you deserve. We also have weapon defense lawyers for other counties like Hunterdon county.