In the United States, individuals possess the right to possess firearms for hunting and self-defense. However, New Jersey enforces strict laws that dictate where and how these weapons can be used. If you are facing a weapons charge, it can feel overwhelming, but it’s crucial to remember that you are not alone and you have rights. Please continue reading as we explore the potential defenses you can raise to challenge the charges against you and how an experienced Bergen County Gun Crime Defense Attorney can fight to protect your future.
What Should I Know About Gun and Weapons Offenses in New Jersey?
First, it’s important to understand that New Jersey’s gun laws are restrictive, meaning not everyone can lawfully purchase, possession, or use a gun. Those who intend to use a firearm are required to obtain certain permits to purchase and carry these dangerous weapons. Some of the charges you can face for violating gun laws in the Garden State include the following:
- Unlawful possession of a rifle or shotgun: crime in the third-degree
- Unlawful possession of a spring gun or air gun: crime in the third-degree
- Unlawful possession of a machine gun, handgun, or assault rifle: crime in the second-degree
When these weapons are used illegally or improperly, they can cause significant damage, which is why most weapons charges in New Jersey are categorized as indictable offenses. Upon a conviction, you can be subjected to a lengthy prison sentence, steep fines, and other harsh consequences. As such, it’s essential to retain a seasoned attorney who can defend your rights and interests.
What Are Possible Defenses for a Weapons Charge?
If you are facing criminal charges for the illegal possession or use of a weapon, it’s crucial to understand your rights and the potential legal defenses that can be raised to secure reduced or dismissed charges. Each case is unique, meaning the most effective defense strategy will depend on the circumstances of your case.
If you believe the arresting officer violated your Fourth Amendment right, which protects you from unreasonable searches and seizures, your attorney can file a motion to suppress any illegally obtained evidence. If successful, the evidence could be deemed inadmissible in court, potentially weakening the prosecution’s case against you.
In addition, you may be able to argue self-defense if you were acting to protect yourself or another person. However, this can only be raised if you can prove that you were justified in the use of the weapon due to an imminent threat of danger.
A critical component of a weapons-related charge in New Jersey is the defendant knowingly and intentionally possessed or used a weapon. If you can demonstrate that you did not have the required intent to commit the crime, it could lead to a dismissal or reduction of charges. Examples of lack of intent arguments include accidental possession and lack of knowledge about the law.
If you are facing a weapons charge in New Jersey, please don’t hesitate to contact a skilled attorney from The Law Office of Carl Spector, who can help you build a defense strategy that is tailored to the specific facts and circumstances of your case. Connect with our firm today to learn how we can fight for you.
