Trenton NJ Possession of a Weapon for an Unlawful Purpose Attorney
With Offices in Trenton and Pennington, New Jersey
New Jersey has some of the toughest weapons laws in the country. Even if you had a valid license or permit to carry a gun, you can still be charged with Possession of a Weapon for an Unlawful Purpose. Moreover, even if you are caught carrying an object like a knife or a baseball bat, you can be charged with this very serious offense. Regardless of the circumstances of your arrest, it is imperative that you contact an attorney because the penalties for possessing a weapon with an unlawful purpose include mandatory prison time.
Kamensky Cohen & Riechelson is a highly respected law firm that has been representing clients in New Jersey and Pennsylvania since 1972. Our criminal defense attorneys fight weapons offense charges in Robbinsville, Lawrence, and everywhere else in Mercer County. We are dedicated to providing clients with the best possible outcome for their legal issues, which is why you can expect legal representation of the highest quality when you hire us. Call KCR now to discuss your gun charges and begin your defense.
Possession of a Weapon for an Unlawful Purpose: N.J.S.A. 2C:39-4
N.J.S.A. 2C:39-4 prohibits anyone from possessing a weapon for an unlawful purpose anywhere in New Jersey.
The prosecution must prove several elements in order to secure a conviction in these cases:
- Weapon: One of the elements of the offense is that the item in question was actually a “weapon.” NJ prosecutors interpret the statute broadly so that any object capable of causing death or serious bodily injury may be classified as a weapon. These objects include: knives, brass knuckles, slingshots, daggers, and razor blades. In fact, practically any sharp object can be considered a weapon.
- Possession: Another element of the offense is that the offender possessed the weapon. Possession can either be actual or constructive. This means that if the weapon was nearby and you intended to exercise control over it, the prosecution may be able to establish that you were in possession of it.
- Intent: Another requirement element of this offense is intent. When determining your intent, the court will consider whether you had an honestly held belief that the weapon would be used in a lawful manner. For example, if you believed that you were using the weapon simply to go hunting – and not to harm another person – the court may find that you did not intend to use the weapon for an unlawful purpose.
Penalties for Possession of a Weapon for an Unlawful Purpose in Mercer County NJ
Anyone convicted of possessing a weapon for an unlawful purpose faces significant penalties. These penalties are usually determined by the type of weapon:
- Firearm: Second degree felony, punishable 5–10 years in NJ State Prison and a fine of $150,000.
- Any Other Deadly Weapon: Third degree felony, punishable by 3–5 years in NJ State Prison.
- Imitation Firearm: Fourth degree felony, punishable by up to 18 months in NJ State Prison.
Additional Charges: Unlawful Possession of a Weapon in Pennington NJ
If you did not have a permit to carry the weapon, you will also face charges for Unlawful Possession of a Weapon. This can result in even more severe penalties and make your defense that much more difficult.
Additionally, keep in mind that if you use a weapon during the commission of a crime such as armed robbery, you may face both weapons charges and charges for the underlying crime. Moreover, the sentences in these cases are often imposed consecutively.
Free Consultation with Ewing NJ Gun Crime Lawyers
The lawyers at Kamensky Cohen & Riechelson know what it takes to win a weapon possession case in New Jersey because we understand the nuances of NJ gun laws. Call us today to speak with a member of our litigation team, or fill out the online contact form to schedule a meeting at our offices in Pennington or Trenton.