Camden County NJ Possession of a Weapon for an Unlawful Purpose Lawyer

Weapons Charges Attorney with Offices in Collingswood, New Jersey

Being found guilty of possession of a weapon for an unlawful purpose can subject a person to some serious penalties. This is partially due to the fact that gun laws in New Jersey are extremely strict. A conviction for a weapons offense can lead to a lengthy prison sentence as well as loss of the right to own a firearm in the future. As a result, if you have been charged with possession of a weapon for an unlawful purpose , you 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 Lindenwold, Brooklawn, Clementon, and Gloucester. 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 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 possession of a weapon for an unlawful purpose, 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 877-450-8301 anytime for a free initial consultation.

Possession of a Weapon for an Unlawful Purpose in New Jersey 

Possession of a weapon for an unlawful purpose is governed in New Jersey by N.J.S.A. 2C:39-4. The statute lists specifics types of firearms along with the degree of the charge. They are as follows:

a) Firearms – Second Degree

• Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
•  Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.

b) Explosives – Second Degree

• Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c) Destructive Devices – Third Degree

• Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d) Other weapons – Third Degree

• Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e) Imitation Firearms – Fourth Degree

• Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

Note: Although weapons laws in New Jersey are strict, there are defenses available. For example, an honestly held belief that you are in lawful possession of a weapon may serve as a defense. This happens when 1) the defendant’s honest purpose in possessing and continuing to possess a weapon is to use it for sport, precaution, or in a manner intended to cause no harm to another, 2) possession is for self-protection or the protection of others, and 3) intoxication sometimes can serve to negate the purposeful action element.

Penalties for Possession of a Weapon for an Unlawful Purpose in NJ 

Second Degree – 5 to 10 years in NJ State Prison

Third Degree – 3 to 5 years in NJ State Prison

Fourth Degree – Up to 18 months in NJ State Prison

Note: Subsection (a) of this statute is included under  under New Jersey’s “Graves Act.” This means if convicted of one of these 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.

Conact a Lindenwold NJ Possession of a Weapon for an Unlawful Purpose Lawyer Today 

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 possession of a weapon for an unlawful purpose 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 877-450-8301 for a free initial consultation about your case.