Monmouth County Weapons Charge Defense Lawyers

How Our Attorneys Can Help You Fight a Weapons Charge in Monmouth County

The attorneys at Marshall Criminal Defense are clearly well equipped to defend you against weapons charges in Monmouth County. Law enforcement and the prosecution treat these charges seriously, but the allegations against you may be inaccurate or exaggerated. This is one of the main reasons for hiring Monmouth County weapon lawyers with outstanding experience defending firearms and similar offenses in the jursdiction such as unlawful possession, certain person, and possession for an unlawful purpose charges. This is precisely what we can offer you.

We know how the prosecution will approach your case, and we’ll help you fight back. It is our goal to get the charges reduced or dropped altogether.

Our team is ready to:

• Take immediate action. When facing a weapons charge, you need to act immediately to effectively defend yourself. Our team is always at the ready. We’re poised 24/7 to put our expansive knowledge and experience in weapons charges to work for you. Stay ahead and contact us anytime.
• Fight for the reduction of your bail. In many cases, this is a viable option. If you are arrested and detained, our dedicated legal team could help get your bail amount reduced or even get you released on your own recognizance (your word that you will appear in court).
• Investigate your case. In the case of a weapons charge, there are many things to consider when preparing a defense. Our dedicated attorneys know how to evaluate the evidence against you and how to identify elements that could invalidate the charge. The burden of proof is on the prosecution. They have to prove guilt. Not only are we prepared to challenge every piece of questionable evidence they present, but we are also prepared to challenge any dubious methods they employ to obtain evidence in your case.
• Fight to have your charges reduced or dismissed. With our knowledge and experience of weapons cases, we are able to identify when the reduction or dismissal of charges is a viable option. Furthermore, we are prepared to aggressively and effectively pursue that option when advocating on your behalf. Reduced charges result in a lesser punishment, and dismissed charges remove the possibility of punishment altogether.
• Pursue a plea bargain if necessary. In New Jersey, particular situations involving weapons charges may call for a plea bargain or a pre-trial intervention. Our years of experience defending clients facing weapons charges have given us the knowledge needed to effectively negotiate plea bargains or interventions when appropriate.
• Aggressively defend you in court. In the event that your charge requires a trial, our team will be aggressively dedicated to your defense. As former county and municipal prosecutors, our attorneys bring knowledge and experience to the courtroom that put us in a position to provide you with strong representation. If a case carries an inevitable conviction, our team is thoroughly prepared to pursue minimum and alternative sentences.

We are here to help you. Marshall Criminal Defense is ready to provide you with the immediate and informed representation that your weapons charge case demands. Contact our Freehold Office or Middletown Office as soon as possible and let us get to work on your defense.

Penalties for Crimes Involving Weapons in New Jersey

When it comes to convictions on weapons charges, New Jersey law often imposes harsh fines and penalties. Sentences often come with significant fines and prison sentences that, due to the Graves Act, may mean that you are ineligible for parole. It is clearly imperative that you retain a gifted criminal attorney to help you avoid these ramifications, preferably one with an intimate knowledge of the players at the Monmouth County Superior Court and prosecutor’s office.

Whether you’re facing charges of possession for an unlawful purpose, possession without a valid permit/license, or possession of a prohibited weapon, the particularities of a charge’s penalties largely depend on the classification of the weapon involved. Factors include:

• If the weapon is identified as a firearm, explosive, or destructive device, the crime is of the second degree and carries a maximum fine of $150,000 and 5 to 10 years of jail time.
• If the weapon is identified as an “other” weapon such as a BB, paintball, or airsoft gun, the crime is of the third degree and carries a maximum fine of $15,000 and 3 to 5 years of jail time.
• If the weapon is an imitation firearm, the crime is of the fourth degree and carries a maximum fine of $10,000 and up to 18 months jail time.
• If the weapon is prohibited, the charge will generally be of the third or fourth degree depending on the how dangerous the weapon is determined to be.

The classification of the weapon, however, is not the only factor considered in a weapons charge. The person in possession of the weapon also plays a factor in assessing the crime and penalty.

Certain persons in the state of New Jersey are prohibited from possessing, purchasing or owning a firearm. This prohibition may apply to you if you’ve been convicted of a felony, if you’ve previously been found guilty of domestic violence, or if you suffer from mental illness. Specific actions can elevate the degree of the crime in certain instances, such as when the person charged is determined to be associated with gang activity.

In addition to these factors, it is important to note that the Graves Act impacts most weapons possession charges. This act stipulates that offenders must serve a mandatory minimum sentence of incarceration. This means the individual will be ineligible for parole for a specific period while serving a sentence in New Jersey State Prison.

• For a second-degree crime, the mandatory minimum is 5 years.
• For a third-degree crime, the mandatory minimum is 3 years.
• For a fourth-degree crime, the mandatory minimum is 18 months.

With the implementation of the Graves Act, you cannot be considered for release until you’ve served the mandatory minimum amount of time.

When facing weapons charges at the Monmouth County Superior Court in Freehold, it is crucial that you have an experienced attorney on your side. It is important to realize that an arrest does not automatically mean a conviction. The sooner you contact a lawyer, the sooner you can begin building a strong defense against the charges against you. Contact us for a free initial consultation as soon as possible.

Common Defenses Against New Jersey Weapons Charges

The potential penalties that accompany a weapons conviction are intimidating, but our experienced attorneys can fight to make sure that you do not have to accept them lying down. We have extensive experience defending people in New Jersey who are facing weapons charges. While we can’t determine the best course of action without knowing the details of your specific case, here are some possible defenses that could be used to fight weapons charges:

• Pressing the prosecution to prove possession. The burden of the proof isn’t on you, the defendant. The prosecution must be able to convince the jury that the weapon was in your possession. However, in cases where the weapon was not in your immediate physical possession, the prosecution must prove constructive possession. You cannot be found guilty of merely being near a weapon. The burden is on the defense in these instances to demonstrate your possession or intent to possess the adjacent weapon.
• Calling for the suppression of evidence. In the event of a search and seizure, law enforcement must carry out the procedure in a lawful manner for a weapon to be admitted to court as evidence. Officers can invalidate evidence by a variety of means. They can fail to obtain a warrant, obtain a warrant without substantial and significant probable cause, or search outside the scope of a warrant. Officers can also fail to obtain knowing and voluntary consent from the defendant. Furthermore, they can be found to have administered an invalid initial motor vehicle stop. In these instances, we would file a motion to suppress the discovered weapon as evidence, deeming it inadmissible in the case against you.

These are a few common defenses that may be utilized to fight a weapons charge. Depending on your particular situation, other strategies can emerge. Our law office has one of the largest defense teams in New Jersey, and we’re ready to put our experience and resources to work for you. We are ready to provide you the qualified counsel you need to understand your rights, and we’ll look for points of weakness in the government’s case against you.

Types of Weapons Cases We Handle in Monmouth County

Our team has successfully obtained acquittals or reduced sentences for individuals facing a wide range of weapons charges in New Jersey. Our team is ready to put our extensive knowledge and experience to work for you.

We’re prepared to represent you if you are facing charges including (but not limited to):

If you are facing weapons charges, taking immediate action is crucial to a successful defense. While we understand that facing a gun charge or other weapons charge is stressful, it is important to remember that you are presumed innocent, and the charges against you must be proven. You can count on us to aggressively fight on your behalf, and it is our goal to make sure these charges are dropped or reduced.

Seizure of Weapons

There are a number of reasons why weapons, particularly handguns, shotguns, and rifles, can be seized by a law enforcement officer in Monmouth County.

The largest number of weapon seizures occur as the result of a restraining order issued following an alleged incident of domestic violence. Another reason for the seizure of a firearm that is becoming more and more common is an Extreme Risk Protection Order (commonly referred to as an ERPO). An individual is prohibited from possessing a handgun, long gun, or any other weapon if they are the subject of a restraining order or ERPO.

There are also a host of other ways that seizure of a weapon can take place including, but not limited to, the following:

• A Search Warrant
• Use in Commission of Criminal Activity
• Court Order
• Criminal Conviction Resulting in Becoming a Person Not to Possess a Weapon

If you were served with a Monmouth County restraining order, an Extreme Risk Protective Order, or had your weapons seized in any other context and want to restore your gun rights, you will have to retain a talented defense lawyer like those at our law office.

Contact Our Monmouth County Weapons Charge Defense Lawyers

It is critical that you immediately seek the assistance of a talented lawyer if you were charged with a weapon offense in Monmouth County.  Time is of the essence when it comes to building a strong defense so don’t let this valuable time slip away. Contact our attorneys today and get the peace of mind you need knowing that you have an experienced team working to defend your freedom.

At Marshall Criminal Defense, the majority of our attorneys have valuable experience as prosecutors, with several having decades of service at the Monmouth County Prosecutors Office.  There isn’t another law office in the area with more former members of the agency on staff. We can certainly provide you with a highly talented criminal defense lawyer who understands how the case against you will be built and pursued by the prosecution, and how to most effectively defend the criminal charge so that you have the best opportunity for success. Depending on the specific circumstances of your case, we may be able to obtain a pre-trial dismissal, suppress incriminating evidence, get a trial acquittal, or negotiate a lighter sentence.

The lawyers at our law firm are available 24/7, so don’t wait to get the help you need. Contact us anytime to schedule a free initial consultation by calling 732-462-1197. You may also contact us online. Irrespective of the route you choose, an attorney with the know-how and experience to help you will give you the time and attention you need.