Category Archives: Crimes
Federal Firearms Charges
There are a number of federal firearms law on the books and these crimes are very serious. There is no room for error. Between the ATF, the FBI and the US Attorney’s office, gun crimes are high priority and the prosecution is vigorous. Even worse, conviction rates are very high. That doesn’t mean that these cases are impossible. In fact, some defenses have proven to be very effective. If you are facing federal firearms charges in New Jersey, call our team of tough, smart lawyers to discuss your case and see how we can help you.
Straw Purchaser in New Jersey
Straw purchasers in New Jersey are part of the bigger problem of illegal gun trafficking. A straw purchase occurs when the actual buyer of a firearm uses another person, called a straw purchaser,to purchase the gun for them. This helps people that are prohibited from purchasing firearms or who don’t otherwise want to be identified to obtain weapons. In most cases, these guns are needed for an unlawful purpose. As a result, straw purchasers in New Jersey are vigorously prosecuted. If you are charged with being a straw purchaser for a firearms in New Jersey, call our team of tough, smart lawyers to discuss your case and see how we can help.
Unlawful Sale of Firearms in NJ
There are two types of cases under this statute. Either someone mistakenly violated the law or someone is selling weapons for a nefarious purpose. In most cases, it should be pretty easy to distinguish between the two. Although the statute itself does not make any distinction between the two scenarios, a good defense lawyer will make sure that he or she does so. As a result, the two types of cases will be handled very differently. Likewise, the defenses for each will differ. Regardless of where your unlawful sale of firearms case false, call our team of tough, smart lawyers to discuss.
Unlawful possession of an assault rifle in NJ
In New Jersey, it is unlawful to possess an assault rifle no matter what your intentions were. The definition is an assault rifle is very specific. You would think that police would be able to figure out if a weapon is or is not an assault rifle but this is not always the case. We once had a case where a client was charged with unlawful possession of an assault rifle but it turns out, it was not really an assault rifle. We had to fight hard against the State but we eventually got the case dismissed by proving that the gun was in fact legal. If you are facing charged of of unlawful possession of an assault rifle in any court in New Jersey, call our team of tough, smart lawyers today to discuss your case.
Possession of Defaced Firearms in NJ
Possession of a defaced firearm in New Jersey is a fourth degree offense. Thus, if convicted, you are looking at a felony criminal record. The State does not need to show why you possessed the defaced firearm. In other words, your intentions are irrelevant. Of course, it helps your case if we can show that you had good intentions. The extent and cause of the defacing are important as well. If you have been charged with possession of a defaced firearm in any court in New Jersey, call our team of tough, smart lawyers today to discuss your case.
Possession of a Firearm Without a Carry Permit
Possession of a firearm is a second degree crime in New Jersey. That is, if the State can show that you possessed a firearm and you did not have a permit, you are likely looking at prison time if convicted. They do not need to show that you had any unlawful purpose. You could have had the best of intentions. It doesn’t matter. Of course, hope is not lost. Our team of tough, smart lawyers have helped many clients escape harsh punishment or even any punishment when charged with Possession of a Firearm Without a Carry Permit in New Jersey. Our initial consultations are free, so call us today.
Possession of Dum Dum Bullets / Possession of Hollow Point Bullets, 2C:39-3f
Possession of dum dum bullets or a hollow nose or hollow point bullets are illegal in New Jersey. In order to convict you of this charge, the State does not need to show that you had an unlawful purpose, just that you possessed them. There are some exceptions such as where the hollow nose bullets are possessed by a collector. There are additional defenses that can be employed as well. If you hare charged with possession of hollow point bullets in any court in New Jersey, call our lawyers to discuss your case.
Possession of a Stun Gun, 2C:39-3h
In New Jersey, possession of a stun gun is a fourth degree felony. It does not matter what your intentions were. That is, the State does not have to prove that you had an illegal purpose. Thus, even if you had it to protect yourself, possession of a stun gun is illegal. If you have been charged with possession of a stun gun in any court in New Jersey, call us today to discuss how we can help you.
Possession of a Weapon for an Unlawful Purpose, 2C:39-4
Possession of a weapon for an unlawful purpose (2C:39-4) is a very serious crime but its importance has been eclipsed by the fact that unlawful possession of a weapon is now a second degree crime as well. Prosecutors were having a problem proving the required unlawful purpose so the law was changed so that all they have to show is that you did not have a carry permit. However, you still don’t want to be charged with this crime because if you are just charged with unlawful possession, you may get some leniency. There will be no leniency for a charge of Possession of a weapon for an unlawful purpose, 2C:39-4. Of course, there are a number of defenses available for a good lawyer to utilize. It starts with going through the discovery with a fine toothed comb. We may then use that information to develop hard hitting motions that can weaken if not destroy the State’s case.
If you have been charged with 2C:39-4, possession of a weapon for an unlawful purpose, call our lawyers today to discuss your case. Our initial consultations are free.