NJ Supreme Court Case Gun Laws – State v. Benjamin

NJ Supreme Court Decision on Firearms Laws – State v. Benjamin

NJ Supreme Court case on Gun Laws

NJ Supreme Court case on Gun Laws

On April 5, 2017, in State v. Kassey Benjamin the New Jersey Supreme Court determined that there are sufficient procedural safeguards in place for defendants to appeal Graves Act waiver denials that that, in such cases, defendants are not entitled to discovery of the prosecution’s files regarding other Graves Act waiver cases. In this case, the defendant was charged with various firearms related offenses including second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), which is subject to the mandatory minimum sentences under the Graves Act. Because the defendant was a first-time offender, the defendant asked the prosecutor to submit a Graves Act waiver to the assignment judge, but the prosecutor denied the request in the interest of justice, but without providing a specific written statement of the refusal. After the prosecutor denied the defendant’s request for a Graves Act waiver, the defendant sought discovery of documents from recent cases in which the prosecutor had approved waivers for other first-time offenders in order to demonstrate the arbitrariness of the prosecutor’s decision. Eventually, the defendant pleaded guilty and the sentencing court imposed three years of imprisonment without parole.

Pursuant to N.J.S.A. 2C:43-6.2, on a motion by the prosecutor made to the assignment judge that the imposition of a mandatory minimum term of imprisonment under the Graves Act for a defendant who has not previously been convicted of a Graves Act offense does not serve the interests of justice, the assignment judge shall place the defendant on probation pursuant to N.J.S.A. 2C:43-2(b)(2) or reduce to one year the mandatory minimum term of imprisonment during which the defendant will be ineligible for parole. The sentencing court may also refer a case of a defendant who has not previously been convicted of an offense under that subsection to the assignment judge, with the approval of the prosecutor, if the sentencing court believes that the interests of justice would not be served by the imposition of a mandatory minimum term. In other words, an eligible defendant may be sentenced to either probation or a one-year custodial term during which he or she is disqualified from being paroled in one-of-two ways: either the prosecutor makes a motion to the assignment judge for a waiver of the mandatory minimum penalty, or the sentencing judge refers the matter to the assignment judge if the prosecutor approves the referral. But in either scenario, the prosecutor must approve the waiver before the assignment judge or his or her designee imposes one of the two reduced penalties.

As it relates to the prosecution’s determination of whether or not to approve a Graves Act waiver, the Attorney General’s Directive to Ensure Uniform Enforcement of the “Graves Act” (Oct. 23, 2008, as corrected Nov. 25, 2008) sets forth that prosecutors must memorialize in writing its analysis of all of the relevant aggravating and mitigating circumstances related to their reasons for denying a Graves Act waiver “as a means to ensure that waiver decisions are not disparate” and “consider all relevant circumstances concerning the offense conduct and the offender.” And pursuant to State v. Alvarez, 246 N.J. Super. 137, 149-49 (App. Div. 1991), if the prosecutor denies a defendant’s request for a Graves Act waiver, the defendant may appeal the denial to the assignment judge upon a showing of patent and gross abuse of discretion by the prosecutor. In other words, the defendant must demonstrate arbitrariness constituting an unconstitutional discrimination or denial of equal protection. Thus, the assignment judge has the ultimate authority to review the prosecutor’s Graves Act waiver decisions for arbitrariness and discrimination.

Generally, a defendant has a right to discovery of the evidence the State has gathered against a defendant in that particular case. However, there is no requirement to furnish a defendant with files or discovery from cases other than his or her own. In other words, there is no rule or caselaw that mandates discovery to aid defendants in demonstrating arbitrary and capricious conduct or disparate treatment without a preliminary showing. Accordingly, in this case the Court held that defendants who are denied a Graves Act waiver are not entitled to discovery of the prosecution’s files for other cases in which Graves Act waivers have been granted to other defendants.

The consequences for weapons offenses such as the unlawful possession of weapon or the possession of a weapon for an unlawful purpose are severe. The bottom line is that if you are charged with Graves Act offenses in New Jersey, having an experienced and knowledgeable firearms defense attorney on your side can make all the difference to the outcome of your case. The weapons defense lawyers at the Tormey Law Firm have successfully defended clients charged with firearms offenses in criminal courts throughout New Jersey. If you are facing firearms charges in New Jersey, don’t hesitate to call the Tormey Law Firm at 201-556-1570.

Testimonials

  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

  • This field is for validation purposes and should be left unchanged.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map