Unlawful Possession of Weapons
Weapons offenses in Ocean County are quit common because of broad language of the Unlawful Possession of Weapons law. The statute criminalizes a variety of actions that often snag unsuspecting people whose intentions were innocent but who were just uneducated or ignorant about the intricacies of the law. This is because you do not have to have a criminal intent to be convicted of this crime. Like any other weapons law in New Jersey, the different degrees of severity depend on the circumstances and type of weapon. These charges are very serious and can be very difficult to defend in Ocean County. The criminal defense attorneys at the Law Offices of John F. Marshall are former prosecutors that have the knowledge and expertise to successfully defend firearms and weapons charges. Our Criminal Defense Firm is located in Ocean County, Toms River, New Jersey and has almost 60 years of joint experience. Our lawyers will exercise their fluency with the Ocean County court system to help get your charges downgraded or dropped altogether. For example one of the attorneys from our office, Nicholas Moschella is a Former Prosecutor of numerous Ocean County municipalities including Little Egg Harbor, Toms River, Manahawkin, Forked River, Brick Town, Stafford, Tuckerton, Waretown, Point Pleasant Beach, Lacey, and Plumsted. If you have been charged with an Unlawful Possession of Weapons offense call us at (732) 286-6500. to speak with an attorney, or to schedule an appointment at our Toms River office for a free conference with a weapons offense lawyer.Unlawful Possession of Weapons Offense in Ocean County
In New Jersey, it is a crime to possess a firearm without a special permit or to transport a gun while loaded. § 2C:39-5 states that it is a third degree crime for a person to possess a rifle or shotgun without a firearms identification card or possess a high-powered air handgun without a pistol permit. The crime is escalated to a second degree offense if the individual possesses an unlicensed machine gun , assault firearm or handgun. Furthermore, if you store or transport an otherwise legal shotgun or rifle while it is loaded, you are guilty of a third degree crime.
Also keep in mind that a non-resident who acquired a rifle or shotgun in another state and who is traveling through New Jersey must comply with New Jersey laws relating to the transporting of weapons. In some instances a person may be guilty of a fourth degree crime called Possession of a Weapon Under Circumstances Not Manifestly Appropriate for lawful use. An example of these circumstances could be an unordinary large knife or sword concealed or found in a car.
Additionally, under no circumstances may a person bring a weapon onto school grounds. A person who brings a firearm on the school premises is guilty of a crime of the third degree , regardless of whether they have a valid permit to carry or posses the firearm. Other weapons, including knives, stun guns or clubs, are usually a fourth degree offense. Furthermore, possession of an imitation firearm on any school grounds or while on a school bus is a disorderly persons offense.
A disorderly persons offense can bring up 6 months in jail. If you are convicted of a fourth degree crime you could be sentenced up to 18 months in jail. A third degree conviction will bring 1 ½ – 5 years of incarceration. Second degree crimes are more serious and you can be sentenced 5 – 10 years in prison if convicted.Avoid Mandatory Jail Time for Weapons Charges by Hiring an Experienced Ocean County Weapons Defense Lawyer
If you have been arrested for any offense relating to unlawful possession of a firearm or weapon in Ocean County you need to contact weapons defense lawyer immediately. The Offices of John F. Marshall is an Ocean County Criminal Defense Firm that specializes in defending weapons charges including Unlawful Possession of a Weapon. Our team of seasoned criminal defense lawyers is comprised of former prosecutors from Ocean County and Monmouth County with almost 60 years of combined experience. The defense lawyers from our firm will exercise their dedication and skill to ensure that you make it out of this predicament unharmed. We will represent you in the Ocean County Superior Court for a criminal weapons offense stemming from charges in Jackson, Seaside Heights, Lakewood, Bayville, South Toms River, Point Pleasant, Pine Beach, Lakehurst, Manchester, and Seaside Park.
Call (732) 286-6500. now to obtain an experienced Ocean County criminal defense lawyer for the defense of your charges. All initial consultations with a weapons charges defense attorney are free of charge.