Camden County NJ Illegal Handgun Possession Lawyer
Weapons Charges Attorney with Offices in Haddonfield, New Jersey
Being found guilty of illegal possession of a handgun can subject a person to some serious penalties. This is partially due to the fact that gun laws in New Jersey are quite strict. For example, even if a person is from out of state and legally owns a weapon in that state, he or she must still comply with the laws of New Jersey regarding transportation of weapons. Being convicted of illegal possession of a handgun can expose a person to a long prison sentence sometimes without the possibility of parole. This is why if you have been charged with illegal possession of a handgun, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling weapons offenses for years in Camden County including Cherry Hill, Winslow Township, Gloucester, and Pine Hill. Further, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute various charges for the State including gun and weapons offenses. This means we can predict what kinds of arguments the prosecution will make and use this knowledge to defend your case. If you have been charges with unlawful possession of a weapon, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.
Illegal Possession of a Handgun in New Jersey
The law for illegal possession of a handgun is covered under N.J.S.A. 2C:39-5(b) which provides:
Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree. A person who is convicted of a second degree crime under this subsection shall be ineligible for participation in any program of intensive supervision. In addition, a person convicted of violating this subsection shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.A. 2C:44-1 (“Organized Criminal Activity”) applies.
Illegal Possession of a Handgun Penalties in New Jersey
Illegal possession of a handgun can be either a second or third degree crime in New Jersey depending on a number of factors. Penalties include a ban on purchasing a firearm in New Jersey as well as a prison sentence.
Second Degree: 5 to 10 years in New Jersey State Prison.
Third Degree: 3 to 5 years in New Jersey State Prison
Note: This is third degree crime usually if the weapon is less dangerous such as a bb gun or airsoft gun.
Note: This statute is included under New Jersey’s “Graves Act.” This means if convicted of one of this crimes, you MUST be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.
Contact a Winslow Twp. NJ Illegal Gun Possession Lawyer for a Free Consultation
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against an illegal possession of a handgun charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 866-721-9510 for a free initial consultation about your case.