NJ Gun and Firearm Charges – Gun Crimes In New Jersey – Penalties for Gun Charges NJ
“What are the Penalties for Gun Offense Charges In New Jersey?”
Usually, on a 5 year offense, an offender will be eligible for parole in about a year to a year and a half. Unfortunately, due to the Graves Act, there is a minimum of 42 months that must be served without parole on a gun charge. The Graves Act is a New Jersey law that requires judges to sentence offenders in particular weapons offense cases to a minimum mandatory term of incarceration. Many of the most serious gun crimes are covered by the Graves Act, including illegal handgun possession, unlawful disposition of a firearm, and certain persons offenses.
Though the right to bear arms is granted to every citizen, our nation still has strict laws regarding guns and serious penalties for their misuse. For example, regardless of what type of crime a person commits, some states like New Jersey have automatic extra sentencing penalties if a firearm was involved in the commission of the crime. As such, the Graves Act also applies to defendants who are charged with using a firearm during the commission of a violent crime such as aggravated assault, kidnapping, and robbery. Basically, if you are convicted of a Graves Act offense, it is presumed that you will have to serve time in prison. If arrested and convicted for a gun charge in NJ, you can expect to spend at least 42 months in state prison.
Now, that’s not always the case. There are ways around these minimum mandatory sentences. However, you are going to have to have your attorney apply for a Graves Act Waiver, and go through a fairly complicated process in order to “de-mandatorize” the sentence. If you are successful in having this waiver granted, you might be able to garner a 3 year mandatory prison sentence with a one year minimum of time served before parole. This is a good result considering that you are sparing yourself 2 years in state prison, but let’s be honest… no one wants to spend a year behind bars.
Your best bet is to hire a lawyer that specifically know how to fight and beat gun charges in New Jersey. There are a number of ways to beat these cases, you simply need to find an attorney with extensive experience with gun charges.
At The Tormey Law Firm, we know every avenue available to challenge the prosecution’s case, and we know exactly where to look for weaknesses in the evidence. We understand that a gun charge is one of the most serious crimes you can be charged with, because gun-related crimes carry high minimum sentences and few opportunities for charge reductions. To see the ways that the Tormey Law firm can attack and potentially defeat your gun charges, click the links below.
How to beat a gun charge #1: Challenging the “consent” of a search.
How to beat a gun charge #2. Challenging motor vehicle stops and illegal searches.
How to beat a gun charge #3. Challenging Bad Warrants and Illegal Searches
How to beat a gun charge #4. Plea negotiations and reducing sentencing minimums.
How to beat a gun charge #5. Transporting a gun to the range.
Can we promise you will beat your gun charge? Of course not. However, we can promise that your chances for the very best outcome possible will be much greater if you enlist the aid of an aggressive attorney. Our legal team will fight for you, and even if we can’t get your charge dismissed, we will pursue every opportunity to negotiate a more favorable outcome.
If you are facing a gun charge in New Jersey, contact our office as soon as possible. Every moment you delay could cost you, and we are ready to get to work to help you. Call us today at (201)-556-1570 for a free consultation.
Other Gun Related Pages
NJ Gun Lawyer – Why you should consider hiring an attorney for your gun charge.
NJ Gun Laws – A comprehensive breakdown of gun laws in New Jersey.
Possession of a Weapon Charge NJ – Information on general weapons possession.
Possession of a Destructive Device NJ – Laws on destructive devices in NJ.
NJ Gun Permit Attorney – If you need an attorney for gun permits.
New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms.
Gun Charges NJ – What your facing after NJ gun charges and how to fight them.
Certain Persons Offenses – Info about “certain persons to not own firearms” offenses.
BB Gun Charges – BB Gun Laws in New Jersey.
First Offense Gun Charges – Information about what happens on a first offense gun charge.
Forfeiture of Weapons – Sometimes the police will take your guns after a domestic dispute.
Gun Case Victories #1 – One of the gun cases that we won in NJ.
Gun Charges In NJ – A video on gun charges in NJ.
Gun Permit Attorney – A video on hiring an attorney to help you obtain gun permits.
Firearm and Weapon Charges NJ – An overview of how our firm handles gun charges
