Possession of an Illegal Handgun
New Jersey law imposes stiff penalties for those who possess a handgun without first obtaining a valid carry permit. To make matters worse, this offense falls squarely within the Graves Act and its parole ineligibility (i.e. mandatory minimum term of incarceration if convicted). Avoiding prison and other penalties requires representation by a savvy criminal lawyer who is experienced in defending handgun charges. The attorneys at Marshall Bonus Proetta & Oliver possess the attributes you need with several former prosecutors on staff and a team that has over 100 years in practice. If you were in possession of a handgun without a permit or license in Toms River, Lakewood, Stafford, Manahawkin, Brick, Lacey, Jackson or another Ocean County municipality, an attorney at our firm is prepared to help you. Contact our Office in Toms River anytime 24/7 at (732) 286-6500 to speak to one of our lawyers.Possession of a Handgun without a Permit Offense in Ocean County
The offense that is triggered when someone is arrested and charged with possession of a handgun without a permit/license is set forth at N.J.S.A. 2C:39-5(b). It is a second degree crime under this law to illegally possess a handgun. It the gun is in the nature of an air gun, spring gun or pistol or other weapon of similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air, or is ignited by compressed air and ejecting a bullet or missile smaller than an inch in diameter, the violation is reduced to a third degree. As previously stated, unlawful possession of a handgun falls within the Graves Act. It should also be noted that an individual convicted of this offense is ineligible for the Intensive Supervision Program ("ISP") and Drug Court.
Penalties. A second degree crime for possessing an illegal handgun (a.k.a. carrying without a valid permit) results in a prison term of 5-10 years and a fine of up to $150,000. The Graves Act mandates that the court impose a minimum term that must be set at one-half of the sentence imposed or 42 months, whichever is greater, in the case of a second degree handgun conviction. The minimum term of incarceration is 18 months in the case of a fourth degree crime for possession of a handgun without a permit (e.g. spring or air gun).Berkeley NJ Unlawful Possession of a Handgun Attorney
Being caught with an illegal handgun is an extremely serious matter. The law requires a period of imprisonment in almost all cases of a person carrying a handgun without a valid permit or license to do so. Marshall Bonus Proetta & Oliver has considerable experience in this area with a staff of attorneys possessing over a century in practice. An attorney who is equipped to protect your interests against a charge filed in Berkeley, Ocean Township, Manchester, Lakehurst, Barnegat or another town is available immediately at (732) 286-6500. For a free consultation with a lawyer, call us now.