Freehold Gun Crime Lawyer

Freehold Gun Crime Attorney

Gun crimes are taken very seriously in New Jersey, as the state holds some of the toughest gun laws in the nation. Violations can lead to mandatory prison sentences, hefty fines, and the permanent loss of your right to carry a firearm. A Freehold gun crime lawyer from Michael Rosas Law PC offers experienced legal defense for individuals facing a gun-related charge.

Gun Crimes in New Jersey

In the U.S., New Jersey has the fifth-lowest gun violence rate of all states. Overall, the nation saw a major increase in gun violence from 2013 to 2022, while New Jersey experienced a decrease. Even still, the state loses an average of 435 people each year to gun violence.

New Jersey law is particularly strict when it comes to gun laws. Even honest mistakes like traveling through the state with an out-of-state weapon can result in a criminal charge. This is not uncommon, with major highways running through the state, such as I-95, I-195, and the New Jersey Turnpike.

Most gun offenses are governed by the Graves Act. This imposes a mandatory prison sentence and parole ineligibility for certain firearm offenses.

Common Types of Gun Charges

Some of the most common types of gun charges in New Jersey include:

• Unlawful possession of a weapon. This charge occurs when someone possesses a firearm without the necessary permit or license.
• Possession of a weapon for an unlawful purpose. This applies to anyone allegedly intending to use the firearm to commit a crime, such as assault, intimidation, or robbery.
• Certain persons are not to possess weapons. If you have a prior conviction for a felony, a history of mental illness, or a domestic violence charge on your record, you may not be permitted to possess a firearm in New Jersey.
• Transporting firearms illegally. Even if you legally own a gun, transporting it incorrectly, such as loaded or not locked in a case, can lead to serious charges.

Penalties for gun crimes vary based on the severity of the charge. The Graves Act requires mandatory sentencing. This may involve prison time, large fines, and a permanent criminal record.

Michael Rosas Law PC looks at the unique circumstances of your charges and develops a defense strategy tailored to your needs. Our team holds a thorough understanding of New Jersey gun laws and how to create a defense that protects the rights and freedoms of our clients.

Defending Against a Gun Crime Charge

A variety of defenses can be employed when fighting a gun charge in New Jersey. These can include:

• Challenging the stop, search, and seizure. Many gun arrests arise from traffic stops or searches of your vehicle or home. Law enforcement needs probable cause and sometimes a warrant as well to make these searches. Otherwise, your Fourth Amendment rights could be in violation.
• Disputing possession. In some cases, prosecutors may not be able to prove you knew the gun was in your possession. This can happen in situations like sharing a living space or a vehicle.
• Graves Act waiver. If you’re facing mandatory prison time under the Graves Act, our team can aggressively pursue a waiver or downgrade, especially if you’re a first-time offender. This can provide the opportunity for probation, pre-trial intervention, or non-custodial sentencing instead of prison time.
• Examining intent. If there is no evidence of a plan to use the weapon illegally, we fight to have the charges reduced or dismissed.
• Negotiating plea bargains or going to trial. In some cases, negotiation resolves the issue. Other cases need to go to trial. The Freehold gun crime lawyers of Michael Rosas Law PC can fight on your behalf in the courtroom.

What To Do if You’re Arrested for a Gun Crime in Freehold

If you’ve been arrested or charged with a gun offense, it’s important to remain silent. Don’t answer questions without having an attorney present. An experienced attorney can guide you on how to protect yourself through your responses. It’s also imperative that you don’t give permission for searches. The investigating officers should obtain a warrant for this. Contact Michael Rosas Law PC as soon as possible, as early intervention can be the key to success in the face of a gun charge in Freehold.

FAQs

Q: What Is the Maximum Sentence for a Gun Charge?

A: The maximum sentence for a gun charge depends on the type of offense and where the offense occurred. The severity of the charge increases the sentencing. If a gun is involved in a violent crime, life imprisonment could be possible. State laws vary, with some imposing harsher penalties for repeat offenders or the possession of illegal firearms.

Q: What Is the Penalty for Carrying a Gun Without a Permit in New Jersey?

A: New Jersey has strict firearms laws that apply regardless of whether the firearm was loaded or used. Carrying a gun without a permit is a second-degree crime and can come with several years of prison time. Legal representation is crucial if you’re facing this charge, as exceptions to the penalties associated with carrying a gun without a permit are limited and tightly regulated.

Q: Can You Beat a Gun Charge in New Jersey?

A: It is possible to beat a gun charge in New Jersey, but you’ll need a strong legal strategy for defense. Common defenses include a lack of knowledge of the firearm, improper police procedures, and illegal search and seizure. If you can successfully challenge the validity of the arrest, it may lead to a dismissal of charges.

Q: Can You Get Probation for a Gun Charge in New Jersey?

A: Probation for a gun charge in New Jersey is rare, as the state holds minimum mandatory prison terms with parole ineligibility, according to the Graves Act. However, a prosecutor may apply for a Graves Act waiver, which allows for probation or reduced sentencing. This would require certain mitigating factors, like an otherwise clean record, cooperation, or special circumstances.

Contact a Freehold Gun Crime Lawyer

The severity of gun crime offenses can impact the rest of your life. With the right legal defense, you have a better chance of avoiding jail time, keeping your record clean, and protecting your future. Contact the office of Michael Rosas Law PC today to schedule a consultation. Our team is dedicated to creating a strong defense on your behalf and protecting your rights and future.