Unlawful Possession of Weapons
The Moriarty Law Firm represents individuals charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose, aggravated assault, and cocaine possession and distribution throughout New Jersey including in municipalities such as Neptune, New Brunswick, Long Branch, and Asbury Park, NJ. In New Jersey, penalties for unlawful gun possession are extremely severe. We have built a reputation on successfully defending these types of charges by providing our clients with the expertise of a former prosecutor and one of the few dual certified trial attorneys in the State of New Jersey. There is a reason people have been turning to the Moriarty family for defense of their criminal matters for so long. There is also a reason why we get so many referrals from former clients. Simply put, we are the best at what we do. Call us today at (732) 842-7773 to speak with one of the Moriartys about your case. Our experienced criminal defense attorneys are available immediately for a free initial consultation regarding your criminal charges.Possession of a Weapon for an Unlawful Purpose: N.J.S.A. 2C:39-4
§ 2C:39-4. Possession of weapons for unlawful purposes
a. Firearms. (1) 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.
(2) 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. 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. 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. 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. 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.Penalties for Possession of a Weapon for an Unlawful Purpose
As you can see from the above statute, there are several grades of offenses for unlawful possession of a weapon in New Jersey depending on the subsection of the statute which is implicated. Under subsections (a), (b), (c), the crime is considered a second degree offense which involves five (5) to ten (10) years in prison if convicted. Further, subsection (d) is a third degree offense in New Jersey which involves one (1) to five (5) years in prison. Finally, subsection (e) is a fourth degree criminal offense in NJ which involves up to eighteen (18) months in prison if convicted.Call Today and Protect Your Rights!
If you are facing charges related to the illegal possession of a weapon or firearm, you can call our offices 24 hours a day to speak with an attorney. Call (732) 842-7773 or contact us by e-mail to schedule a free initial consultation.