Monmouth County, Middlesex County, Mercer County, Essex County, Bergen County, Hudson County, Union County, Somerset County, Ocean County Guns and Weapons Charges Criminal Defense Attorney in New Jersey
New Jersey Guns and Weapons Charges Lawyer
The criminal code controlling firearms and weapons appears in chapter 39 of Title 2C. It provides a long list of definitions used throughout the section to define various terms. The code also contains certain presumptions such as any weapon found in a vehicle belongs to everyone in the vehicle and a person found to be possessing a weapon is assumed not to have a valid license or permit for the weapon until they prove otherwise.
Sentencing for firearm-related offenses falls under the Graves Act which requires mandatory periods of incarceration without the possibility of parole, with very few exceptions. Therefore, it cannot be stressed enough that if any person is charged with a firearm or weapon offense, they immediately seek the assistance of a New Jersey gun permit lawyer who specializes in criminal defense. With that in mind, the commonly charged firearm and weapon statutes are described below.
Experienced New Jersey Gun Charge Lawyer Fights For Dismissals and Reduced Charges for Clients Facing Weapons Offenses in Monmouth County, Mercer County, Middlesex County, Essex County, Ocean County, and Throughout New Jersey
Attorney Clifford E. Lazzaro of Clifford E. Lazzaro, P.C. routinely handles gun and weapons cases throughout the Superior Courts of New Jersey and provides rigorous and high-quality representation to his clients. After a thorough investigation, Mr. Lazzaro will develop a solid defense strategy that can lead to a negotiated plea or even lead to the dismissal of your case altogether. Some examples:
- In a Union County Superior Court case where the defendant was charged with second degree unlawful possession of a weapon and fourth degree possession of hollow point bullets, Mr. Lazzaro filed a motion to suppress the seized evidence on the basis that the defendant’s Fourth amendment right to be free from unreasonable search and seizure was violated by the police. In the suppression brief, Mr. Lazzaro argued that the police conducted an illegal search of the defendant’s motor vehicle under the false pretext of an overwhelming odor of burnt marijuana coming from the console compartment between the front seats of the car. Mr. Lazzaro’s motion led to the State dismissed the weapon charge and the hollow point bullet charge at the start of the suppression hearing. The State dismissed the weapon charge and the hollow point bullet charge at the start of the suppression hearing. State v. R.M.
- In a Monmouth County Superior Court case where the defendant was indicted and charged with one count of second degree unlawful possession of a firearm (handgun), one count of third degree receipt of stolen property (stolen Hi Point 40 caliber handgun) and one count of third degree possession of CDS, the initial plea offer was 7 years New Jersey State Prison (NJSP) with 42 months of parole ineligibility. Case dismissed in September of 2014. State v K.D.
- In a Union County Superior Court case where the defendant was charged with second degree unlawful possession of a 9 mm handgun without first obtaining a permit to carry same, the State offered the defendant a reduced plea of 3 years New Jersey State Prison (NJSP) with a one year period of parole ineligibility under a Graves Act exception. Mr. Lazzaro filed a motion to suppress oral admissions and a motion to suppress physical evidence seized under the exclusionary rule. Prior to the motions being heard, the State made a non-custodial (no jail) probationary plea offer to the defendant, which he accepted. The defendant was sentenced to probation. State v A.D.
- In an Essex County Superior Court case where the defendant was about to board a plane for international travel, the defendant was arrested at Newark Liberty international Airport and charged with third degree unlawful possession of a weapon without first obtaining a permit to carry. Mr. Lazzaro’s skilled plea negotiations resulted in the third degree weapon’s offense being downgraded to a disorderly persons offense with imposition of a fine only (no probation, no community service, etc.). State v. E.R.
If you or a loved one is the subject of a gun or weapon charge, it is imperative to make sure you speak to an experienced criminal defense attorney. At Clifford E. Lazzaro P.C., our New Jersey gun and weapons charge defense lawyer, Clifford E. Lazzaro, has over 30 years of experience aggressively fighting for the rights of his clients. If you or your family member was charged with a gun or weapons offense, he is ready to help. If you would like an initial consultation with a criminal defense lawyer at Clifford E. Lazzaro, P.C. please call 732-866-1600.