Graves Act

Gun Possession Lawyers Mount Holly NJ

Burlington County serves as a major throughway for truckers and commuters alike. With roadways like the New Jersey Turnpike, 295, 206, Route 70, Route 130 and the Garden State Parkway, Burlington County sees an exceptional amount of out-of-state drivers. For those drivers who are unfamiliar with New Jersey’s strict gun laws, you could be in for a rude awakening. Under NJ’s Graves Act, those persons found in possession of a firearm without a valid New Jersey permit could be facing mandatory incarceration. What is important to understand is that simply having a valid permit in your home state will not grant you the right to possess a weapon in New Jersey. Most clients are shocked to learn about this and are unfortunately stuck learning the lesson while in police custody. If convicted of a crime involving the Graves Act, you can expect to be serving a mandatory period of parole ineligibility. However, having the skill and expertise of a Burlington County Criminal Lawyers can greatly reduce your potential prison term and possibly even result in having your charges dismissed. Tools like Motions to Dismiss, Motions to Suppress and Graves Act Waivers can significantly alter the outlook of your gun case. The law firm of Proetta, Oliver & Fay has successfully obtained Graves Act Waivers for numerous clients and Filed Motions to Dismiss Gun Charges on multiple occasions. For an immediate consultation with an attorney today, call (609) 850-8284. The initial consultation is provided free of a charge.

What are New Jersey’s Gun Laws?

Regardless of the facts of your case, New Jersey’s Gun Laws will treat you to same. Whether you possessed a handgun during drug deal or had one tucked away in your glove compartment box, the penalties for unlawful possession of a weapon remain the same. In NJ, if you are deemed to have possessed a firearm without first obtaining a New Jersey Permit, you will be charged criminally under N.J.S.A. 2C:39-5. This is further worsened by N.J.S.A. 2C:43-6(c), which states that anyone convicted of certain crimes under N.J.S.A. 2C:39-5 must serve mandatory periods of incarceration without parole. This part of the law is commonly referred to as the Graves Act. This law only applies to the following cases:

• Unlawful Possession of a Firearm
• Possession of a Weapon for Unlawful Purpose
• Possession of a Weapon During the Commission of a Drug Offense
• Certain Persons Not to Possess a Weapon

For our purposes, we are concerned with Unlawful Possession of a Weapon. As a second degree felony indictable offense, Unlawful Possession of a Weapon carries devastating penalties when coupled with the Graves Act. Using the Graves Act formula, a conviction for Second Degree Unlawful Possession of a Weapon carries between 5 and 10 years in State Prison. This a discretionary range that is subject to the judge’s opinion. Even if you are sentenced to the lowest end of this range, you will be facing 5 years in prison, of which 3 ½ years must be served before you can apply for parole.

However, if you have a skilled attorney who can obtain a Graves Act Waiver on your behalf, then you can significantly reduce your penalties. Specifically, you may (1) only be facing a term of incarceration of 3 years with 1 year of parole ineligibility; (2) obtain probation conditioned upon 364 days in the Burlington County Jail; (3) Obtain straight Probation; (4) Gain admission into the Pretrial Intervention Program, which avoid incarceration AND a felony record. Clearly, a Graves Act Waiver is an important tool for any criminal gun case. For more information on Graves Act Waivers, call our Mount Laurel at (609) 850-8284.

Can I Avoid Graves Act Penalties?

Ever since the Graves Act was instituted, the New Jersey Attorney General has instituted various directives to carve out exceptions to the laws application. Recently, a 2014 directive shed a great deal of light on how the law should apply and where Graves Act Waivers would be permissible. If you have an experienced weapons possession attorney at your side, then you may be able to utilize this directive to your advantage.

Burlington County Gun Possession Criminal Attorney

Have you or someone in your immediate family been arrested and charged with weapon possession or possession of a gun? If so, it is in your best interests to consult with an experienced criminal defense attorney immediately. Depending upon the circumstances and facts of your case, we may be able to file motions to suppress evidence or motions to dismiss your case. Do not let New Jersey’s strict gun laws land you in prison for multiple years. Call the weapons possession lawyers at Proetta, Oliver & Fay today by calling (609) 850-8284. Our team of trial lawyers is headed by Former New Jersey Deputy Attorney General, William C. Fay, IV. Call today and speak with Mr. Fay about your criminal case immediately. Our office handles cases for clients throughout Burlington County, including Mount Laurel, Mount Holly, Pemberton, Evesham, Burlington Township, Bordentown, Moorestown, Willingboro and Washington Township.