Illegal Weapons to Possess in Mercer and Bucks County

Brass Knuckles and Other Illegal Weapons Charges in NJ and PA

Illegal Weapons to Possess in Mercer and Bucks County

Citizens often have many questions surrounding the possesion of weapons. Lack of knowledge of the law is often claimed in criminal defense cases where people are charged with possession of a weapon for an unlawful purpose or unlawful possession of a weapon. Knowledge of which weapons can be legally owned in New Jersey can help to prevent the forfeiture of weapons such as brass knuckles and others that you are not legally allowed to possess.

Kamensky Cohen & Riechelson is a legal team that has been representing clients in New Jersey and Pennsylvania since 1972. Our skilled attorneys have supported a myriad of clients charged with unlawful possession of a weapon in Mercer County, NJ, including Trenton, Hightstown, and Ewing. We understand how seriously NJ prosecutors take weapons offense cases, which is why we will do everything viable to contest your charges and keep you out of custody. Contact us online or call KCR today anytime at (215) 337-4915.

Trenton Possession of Brass Knuckles Attorneys

In New Jersey, it is illegal to carry weapons around with you. However, some weapons are permitted for self-defense, and though it is difficult, you may be able to get a gun permit. Under N.J.S.A. § 2C:39-3, it is illegal to possess certain kinds of arms, which includes weapons like brass knuckles, knuckle dusters, a cestus, or reinforced gloves.

The New Jersey administrative code for firearms and weapons lists specific weapons that you cannot own. To do so will result in facing gun possession charges for not having a permit or license, but you can also fall subject to criminal penalties for possession of some weapons or weapon components, such as:

  • “Destructive devices”
  • Sawed-off shotguns
  • Silencers
  • Altered firearms
  • Armor piercing ammunition
  • Handcuffs
  • Stun guns/Tasers
  • Bump stocks and trigger cranks

In addition, it is illegal to have possession of other specific conventional weapons. These weapons are illegal because they are typically carried to harm or maim others and not for self-defense. Moreover, the possession of such weapons for unlawful purposes or in the commission of a crime poses additional repercussions. Whatever the reason for having one of these weapons on your person, it is illegal to own certain weapons, including the following:

  • Switchblades
  • Daggers
  • Billy clubs
  • Blackjacks
  • Brass knuckles (called “metal knuckles” in the statute)
  • Slingshots
  • Ballistic knives

Charges for the Possession of Brass Knuckles Mercer County NJ

The possession of an illegal weapon in New Jersey is a fourth-degree crime. Crimes are divided into “disorderly persons offenses” and “indictable crimes” (often just called “crimes”), which roughly equate to “misdemeanors” and “felonies” in other states. Crimes of the fourth degree are the lowest level of crime in New Jersey, but they can still carry considerable penalties.

Fourth-degree crimes are punished by up to 18 months in jail and fines up to $10,000. These penalties are merely the maximum, and judges do not usually order the full penalties unless your crime was particularly dangerous or heinous. For a first-time offender or someone with a clean criminal record, judges may order reduced penalties.

This crime has no mandatory sentence. Meaning a judge may issue you a fine only or may include a period of probation as part of your final judgment. This may allow you to circumvent jail time, but it is still a harsh punishment that could include paying penalty charges, checking in with a probation officer, attending crime deterrence courses, performing community service, and remaining free from further crime. It is, therefore, crucial to talk to an attorney about the potential penalties for your weapons charges.

Carrying brass knuckles for an unlawful purpose, such as the commission of a crime, is elevated to a third-degree crime. This is punished by 2-5 years in prison and fines up to $15,000.

Contact our Trenton NJ Weapon Charges Attorneys

The criminal defense attorneys Kamensky, Cohen, & Riechelson, will do everything in their power to help you eradicate your weapons possession charges and avoid New Jersey’s strict penalties. Let us handle your case as we have been doing for over four decades in New Jersey and local Pennsylvania towns like Northeast Philadelphia, Bensalem, Levittown, Penndel, Millbrook, Feasterville, and all of Bucks County. Contact us online or at our Trenton or Bensalem offices by calling (215) 337-4915 today to speak with a member of our legal team in a free and personal consultation regarding your claim.

Prosecutor Wants to Forfeit Your Car, Cash, or Home Once Charged With a Crime

Contesting Civil ForfeitureMunicipalities that are strapped for cash have turned to some fairly creative methods of generating revenue. One method is police and prosecutors seizing and forfeiting cars, boats, money, computers, guns and even homes that were “used in, or facilitated a charged criminal activity”. Although many cases involve significant crimes and the forfeitures are justified, far too often persons charged with fairly low-level drug sales or purchases are routinely having their cars and homes seized. These fines and forfeitures are often used to supplement local and state budgets, including those of the very agencies that seized and forfeited the property. They also have produced complications in the area of criminal defense as those charged with crimes must not only defend their freedom but also their property.

Being indicted on any criminal offense is a serious situation. The legal system can be very intimidating and the potential for loss of freedom, finances and property is enough to cause anyone worry. However, even if you have been charged with a crime our Constitution grants us all the right to be free of excessive fines and protects our property from unfair and unwarranted government seizures. The law firm of Kamensky, Cohen & Riechelson has more than four decades of experience defending clients who are facing criminal charges and civil forfeiture across New Jersey and Mercer County areas. Our attorneys will help you through the often complicated legal process with the goal of defending your freedom, your property and your finances.

Contact us online or call us at (215) 337-4915 today for a free and confidential consultation with a member of our experienced and skilled legal team.

Problems With Mercer County Civil Asset Forfeiture

The problem is that many Civil Asset Forfeitures may be extremely excessive when compared to the criminal activity charged in addition to exceeding the financial penalties that the law dictates for a particular offense. In a current case before the U.S. Supreme Court , Timbs v. Indiana, the defendant pled to one count of dealing. He was sentenced to a year of home detention, five years of probation, and $1,200 in fines and court costs which is normal for this type of case. However, in a separate civil forfeiture proceeding, the State sought to forfeit his expensive Land Rover asserting that it was used in the commission of the crime. The value of the car was well over $42,000. The trial and appellate courts held that the forfeiture was excessive, disproportionate to even the maximum fine of $10,000 under the drug statute. The Indiana Supreme Court, however, reversed and allowed the forfeiture. The U.S. Supreme Court must now decide whether the excessive fines clause in the Bill of Rights applies to the states.

Civil Asset Forfeiture Expanding Across New Jersey

Every day across New Jersey and elsewhere, local and state law enforcement seize cars, homes and other property they allege were used in or facilitated criminal activity – whether that consists of relatively minor drug sales, transportation of stolen property or other crimes involving the “use” of the car. Even if the person charged is admitted into a pretrial diversion program or receive probation and a minor fine, the government may still proceed to forfeit their property civilly or as part of the criminal sentence. That forfeiture is often grossly disproportionate to the underlying criminal charges.

The ACLU in New Jersey compiled data, from January through May 2016, and found that police departments in New Jersey seized $5.5 million in cash over that time period, along with 234 cars as well as several homes.

Contact our Experienced Mercer County Civil Asset Forfeiture Attorneys Today

The criminal defense attorneys of Kamensky, Cohen & Riechelson have extensive experience defending clients from unfair, unwarranted and excessive civil asset forfeitures in Mercer County including Trenton, Lawrence, Princeton, and Pennington NJ. Our firm believes in aggressively defending our clients freedom, rights and property. You can rely on the experience we have cultivated since opening our doors in 1972.

For a free and confidential consultation regarding your case, please contact us online or through our Trenton offices by dialing (215) 337-4915 today.

 

Video – Drug Crime Attorney in Trenton, NJ

Because law enforcement takes any violation of drug laws extremely seriously there is no such thing as a “minor” drug charge in New Jersey or Pennsylvania. If you are found by police in possession of even a single marijuana joint or evidence of drug paraphernalia in your vehicle, you may be arrested and charged with very serious drug possession offenses. These are offenses that can carry some very strict penalties.  Moreover, in drug cases prosecutors will often seek maximum punishments.  A conviction could lead to significant prison time, stiff fines as well as a permanent criminal record that be very damaging to your life going forward.

The esteemed law firm of Kamensky Cohen & Riechelson has a proven track record of success and more than 40 years of experience handling drug crime cases in New Jersey and Pennsylvania. Our lawyers have successfully defended numerous clients against charges of drug possession and drug distribution throughout Mercer County, including Lawrence, Princeton, and East Windsor. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915

Common Drug Offenses Mercer County Drug Offense Attorneys

Being arrested for drug possession or drug distribution in New Jersey is serious. Seeking representation from an experienced lawyer as soon as possible should be your first step. Do not give any statements to the police without first securing qualified legal counsel. Kamensky Cohen & Riechelson handles drug crime cases in New Jersey courtrooms regularly. Some of the most common drug charges that we have successfully defended clients against include:

Trenton Drug Offense Attorney Discusses Drug Charges and Penalties

Drug penalties have increased dramatically throughout the years, what used to be minor offenses are major offenses and it’s really important that we get ahead of that game do our investigation before the police have nailed down every witness and done every bit of their investigation.

It’s my job to get to work and build a real case that defends you, we need to get the witnesses on our side, what we need to do is show the prosecution that we’ve got a strong case, because our strong case makes their case a weak case that’s when we bring them to their knees instead of them bringing you to your knees.

When you call us, we’ll get to work for you. It’s a wide range of drug problems it’s a wide range of drug prosecutions they all take a little bit different approach we know the approach, know the prosecutors and we know what to do to get you the best outcome possible.

Contact Our Mercer County and Bucks County Criminal Defense Attorneys Today

Since 1972, we have defended clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, from all types of drug related charges.

Kamensky Cohen & Riechelson is a highly experienced firm skilled at getting results for our clients. Our legal team is made up of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney who has been selected for inclusion in the prestigious NJ “Super Lawyers,” meaning they are in the top five percent of all New Jersey lawyers. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys are second to none and have a proven record of success defending our clients against criminal prosecution. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915

 

Congratulations to Our Partner Kevin S. Riechelson

Congratulations to our partner Kevin S, Riechelson

Though the award winning legal career of our partner Kevin S. Riechelson has been extensive we are pleased to congratulate him on yet again receiving the highest possible rank in the prestigious Martindale-Hubbell® Peer Review Ratings™ in both legal and ethical standards.

Martindale-Hubbell Peer Review Ratings recognizes only the top 10% of attorneys; making his inclusion in this distinguished list for the 4th year in a row a true honor and a testament to his professionalism as well as his dedication to the highest legal and ethical standards.

The Distinguished Legal Career of Attorney Kevin S. Riechelson

Mr. Riechelson, is currently Managing Partner at the Pennsylvania practice of Kamensky Cohen & Riechelson.  He has been involved in a variety of complex litigation including product liability, construction, toxic tort, mass tort and multi-district litigation, fire damage, premises liability, private and commercial motor vehicle, assault and battery and other general litigation cases. In addition Mr. Riechelson has spoken on and given presentations about various aspects of the Law including New Jersey Auto Insurance issues, the use of Technology & the Internet in the Law Profession, and Products Liability.

After graduating with honors from Temple University School of Law in 1990, Mr. Riechelson began his legal career at the Pennsylvania Department of Transportation and later became a Partner in the Philadelphia Law Firm of Margolis Edelstein. Later he became the Managing Attorney for the Trenton Office of a New Brunswick New Jersey based Law Firm.

Moreover, Mr. Riechelson holds a degree from Drexel University in Business Administration/Accounting. As a partner at Kamensky Cohen & Riechelson, Mr. Riechelson is responsible for all aspects of general litigation cases with particular emphasis on complex Commercial and serious personal injury matters as well as nursing home abuse cases.

At the Pennsylvania offices of Kamensky Cohen & Riechelson, Mr. Riechelson has built a stellar reputation focusing on several critical areas of the law including but not limited to:
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The Experienced, Skilled and Dedicated Legal Team of Kamensky Cohen & Riechelson

Kamensky Cohen & Riechelson is a highly experienced firm skilled at getting results. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney who has been selected for inclusion in the prestigious NJ “Super Lawyers,” meaning they are in the top five percent of all New Jersey lawyers. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys have a proven record of success defending our clients against criminal prosecution as well as helping injured people and their families obtain fair and just financial compensation for their losses.

Since 1972, we have worked with clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, on all types of legal matters such as employment law, traffic violations, workers’ compensation, commercial law, criminal defense as well as personal injury to name but a few.

Contact the New Jersey and Pennsylvania Lawyers at KCR for Any Legal Assistance You May Need

Good legal advice and representation can be absolutely critical. No matter what legal dilemma you may be facing it is important to have a skilled and tenacious advocate in your corner. The experienced and compassionate lawyers at Kamensky Cohen & Riechelson look forward to speaking to you about your case and helping to guide you through the often difficult legal process. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915.

Sentencing Changes for 3rd Time DWI Mercer County NJ

Changes in Sentencing for Third Time DWI OffendersA third driving while intoxicated charge in New Jersey means a non-negotiable sentence of 180 days in jail if convicted.  This portion of the penalties is unavoidable if you are found guilty of repeat drunk driving offenses. Recently, an Appellate Court in New Jersey clarified the requirements of third DWI jail time. Specifically, the New Jersey appeals court ruled that those individuals convicted of third and subsequent DWI offenses in New Jersey no longer qualify for programs that allow them to serve their jail sentences intermittently. Intermittent jail time means serving a few days a week in jail until the completion of your sentence. It is often referred to as “weekend jail”, “weekend service,” or “periodic service”.

Kamensky Cohen & Riechelson is a highly respected law firm with a strong record of success in DWI cases. Our firm has more than 40 years of experience defending clients against DWI charges throughout New Jersey. Our mission is to provide clients with the best possible outcome to their case, which is why you can count on us for legal representation of the highest quality. With our team of criminal lawyers and highly trained litigators, lead by Brian McCauley, we will gather evidence, examine the facts, and prepare for litigation if a jury trial becomes necessary. We understand the gravity of the situation given the fact that your freedom could be at stake, so our team will do whatever it takes to help you acheive the most facvorable outcome. Contact us online or by phone at (609) 528-2596 today and begin preparing for the rest of your life.

3rd DWI Sentencing Case Overturned in NJ

The case involved Newark restaurant owner Pedro Anicama, who had been convicted of his third DWI in 2015. A Municipal Court judge modified his mandatory 180-day jail sentence following his conviction to allow him to serve two days a week in jail. The judge came to this conclusion and sentence because he recognized the negative impact a 180-day jail term would have on his business if he were obligated to serve consecutive days. Using his discretion the judge allowed allowed him to serve two days at a time.

However, shortly after Anicama’s sentencing, the State filed an appeal and took the case before a Superior Courty. A Hudson County Superior Court judge reversed the decision of the lower court. Upon reaching a New Jersey appeals court, the panel was in agreement with the Superior Court judge’s decision and overturned a prior ruling in the case of State v. Grabowski (388 N.J. Super. 431 (Law Div. 2006)).

Judge George Leone, of the New Jersey Appellate Division, wrote the Appellate Court’s opinion, stating: “We disapprove Grabowski and hold that a third or subsequent DWI offender is ineligible for periodic service of the mandatory 180-day sentence. Weekend service is not an option. Nowhere is there any indication the legislature intended to weaken the penalties for third or subsequent DWI offenders by allowing them to be periodically released before they have served the 180 days.”

Harsh Penalties for Mercer County Residents Convicted of Third DWI

In short, the court ruled that the jail sentence for a third DWI offense may not be served periodically. This will represent a significant change in the lives of those convicted of third and subsequent DWI charges in Trenton, Hamilton, Jackson, Mercer County and across New Jersey. Spending 180 days in jail can impose a complicated and significant burden on work life for business owners, managers, and employees alike.

A mandatory jail sentence for third DWI offenses is accompanied by a host of other very severe penalties, including a $1,000 fine, an ignition interlock device installed on your vehicle, and the suspension of your driver’s license for 10 years. These penalties are fixed, meaning you cannot negotiate a plea to a lesser sentence for DWI if convicted in New Jersey.

Speak With Our Mercer County NJ DWI Attorneys

Please do not make the mistake of trying to represent yourself in a drunk driving case. DWI is a serious issue and the law is incredibly complicated and involves a number of procedural and fact based issues. It is critical to have a knowledgeable and experienced advocate in your corner. The experienced DWI attorneys at Kamensky Cohen & Riechelson have worked with clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick as well as all over Mercer County New Jersey. The Criminal Defense Team are uniquely positioned to fight your charges and help you avoid the most serious penalties as well as help you retain your driving privileges. Please Contact us online or by phone in at (609) 528-2596.