Probationary Sentence for Client Convicted of Second Degree Assault Weapon Possession
Essex County NJ Illegal Weapons Possession Lawyers
Gun Lawyers with offices in Newark, NJ
Do you need a lawyer for an assault weapons charge in Essex County? We can help.
The Essex County weapons defense lawyers at the Tormey Law Firm recently kept another client out of prison. Our client was charged with the unlawful possession of an assault rifle, which carries a presumption of mandatory incarceration without parole eligibility, pursuant to New Jersey’s sentencing guidelines set forth in the criminal code and the Graves Act. According to N.J.S.A. 2C:39-5(f) any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.A. 2C:58-5, registered pursuant to N.J.S.A. 2C:58-12, or rendered inoperable pursuant to N.J.S.A. 2C:58-13. Fortunately, after taking on our client’s case, we succeeded in working with the Essex County Assistant Prosecutor to obtain a Graves Act waiver and our client ended up with a sentence of two years of non-custodial probation.
N.J.S.A. 2C:39-1(w) defines “assault firearm” as any of the following firearms: Algimec AGM1 type, any shotgun with a revolving cylinder such as the “Street Sweeper” or “Striker 12,” Armalite AR-180 type, Australian Automatic Arms SAR, Avtomat Kalashnikov type semi-automatic firearms, Beretta AR-70 and BM59 semi-automatic firearms, Bushmaster Assault Rifle, Calico M-900 Assault carbine and M-900, CETME G3, Chartered Industries of Singapore SR-88 type, Colt AR-15 and CAR-15 series, Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types, Demro TAC-1 carbine type, Encom MP-9 and MP-45 carbine types, FAMAS MAS223 types, FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms, Franchi SPAS 12 and LAW 12 shotguns, G3SA type, Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1, Intratec TEC 9 and 22 semi-automatic firearms, M1 carbine type, M14S type, MAC 10, MAC 11, MAC 11-9mm carbine type firearms, PJK M-68 carbine type, Plainfield Machine Company Carbine, Ruger K-Mini-14/5F and Mini-14/5RF, SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types, SKS with detachable magazine type, Spectre Auto carbine type, Springfield Armory BM59 and SAR-48 type, Sterling MK-6, MK-7 and SAR types, Steyr A.U.G. semi-automatic firearms, USAS 12 semi-automatic type shotgun, Uzi type semi-automatic firearms, Valmet M62, M71S, M76, or M78 type semi-automatic firearms, Weaver Arm Nighthawk.
Additionally, assault firearms include any firearm manufactured under any designation which is substantially identical to any of the firearms listed above, a semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock, a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds, and a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. The bottom line when it comes to possession of an assault firearm in New Jersey is that the offense is punishable by five to ten years in prison, and the Graves Act requires a mandatory term of imprisonment, without parole eligibility, unless the Assignment Judge issues a Graves Act waiver. In our client’s case, we were able to obtain a Graves Act waiver, keeping our client out of prison.
Assault Weapons Charges in Newark NJ – Need a Lawyer?
If you are facing weapons charges in New Jersey, don’t hesitate to contact the experienced weapons defense lawyers at the Tormey Law Firm.