Trenton NJ Graves Act Offenses Lawyer
With Offices in Trenton and Pennington, NJ
New Jersey lawmakers adopted the Graves Act to discourage certain weapons offenses. Pretty much any firearm possession conviction in New Jersey will trigger enhanced penalties under the statute. Even you legally obtained the firearm, you can be charged with a Graves Act offense for carrying it outside your home without a valid carry permit. Moreover, the reach of the Graves Act was expanded in 2008 so that even possession of an imitation firearm, such as a BB gun or an Airsoft gun, could result in minimum mandatory terms of incarceration. Regardless of the circumstances of your charge, it is crucial for you to speak with an experienced attorney immediately because a conviction will probably result in significant prison time.
Kamensky Cohen & Riechelson is a legal team with more than 40 years of experience handling gun possession cases in Mercer County, NJ, including Princeton, Hightstown, and Hamilton. We have a wealth of experience and contacts in local courts. Additionally, we have a proven track record of success that you can count on if your case goes to trial. Call KCR today to discuss your firearm charges and begin your defense immediately.
Graves Act Offenses in Mercer County NJ
The Graves Act is set forth in N.J.S.A. 2C:43-6(c). The statute requires all firearms to be registered. The law even requires owners of imitation firearms like BB guns, pellet guns, and Airsoft guns to register the weapons.
The Graves Act applies to gun-related crimes, including:
- Illegal Possession of a Handgun
- Illegal Possession of a Machine Gun
- Illegal Possession of a Rifle
- Illegal Possession of a Shotgun
- Illegal Possession of a Sawed-Off Shotgun
- Defacement of a Firearm
- Unlawful Possession of a Defaced Firearm
- Possession of a Firearm While Committing a Drug Distribution Offense
- Certain Persons Offenses
- Unlawful Manufacture, Transport, or Disposition of a Firearm
The Graves Act also applies to anyone who is convicted of committing certain crimes while using a firearm. These crimes include:
- Aggravated Assault
- Sexual Assault
- Aggravated Sexual Contact
Enhanced Penalties for Graves Act Offenses in Princeton NJ
The Graves Act requires courts to impose a term of imprisonment with a minimum period of parole ineligibility, which is set at one-third to one-half of the imposed sentence or 3 years, whichever is greater. For example, a second degree handgun possession offense is ordinarily punishable by 5–10 years in NJ State Prison. In accordance with sentencing guidelines set forth by the Graves Act, an offender who is convicted of this crime must serve a minimum of 3 years in prison before becoming eligible for parole.
If the offender is convicted of a lesser crime, such as a fourth degree firearm offense, the Graves Act calls for the offender to serve a minimum term of incarceration of 18 months in NJ State Prison with no parole eligibility.
Repeat offenders are also subject to enhanced penalties under the Graves Act. For example, if the offender has previously been convicted of a firearm offense, the Graves Act calls for a mandatory term of incarceration with a minimum period of parole ineligibility set at one-third to one-half of the imposed sentence or 5 years, whichever is greater.
Graves Act Waiver in Pennington NJ
Under certain circumstances, your attorney might be able to apply for a Graves Act waiver. If your application for a Graves Act waiver is approved, it might then be possible to apply for admission into a diversionary program like Pre-Trial Intervention (PTI).
Prosecutors will consider whether anyone was placed in danger by the weapon when evaluating an application for a Graves Act waiver. Prosecutors will also consider whether the offender has a prior criminal record. Additionally, it is vital that anyone applying for a Graves Act waiver obtained the gun legally. That’s why most Graves Act waiver applications involve out-of-state residents who had legal permits to own and carry the weapon in another state.
Free Consultation with Trenton NJ Graves Act Attorneys
The criminal defense lawyers at Kamensky Cohen & Riechelson are prepared to fight your handgun charges and keep you out of prison. Call us now to discuss your charges over the phone, or fill out the online contact form to schedule a free consultation at our offices in Pennington or Trenton.