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Illegal Use and Possession of Weapons: What to Do if You’re Facing Charges

Laws regulating weapons, especially gun laws, vary depending on where you live. And if you or someone you know are facing charges for illegal use of weapons, it’s crucial to understand the laws that apply to the case, your rights, and the steps you can take next to protect yourself. 

It’s helpful to have some general background knowledge about weapons charges in New Jersey. But it’s also essential to contact a skilled criminal defense attorney to learn more about your legal options. Here are some things to know as you begin the process. 

What constitutes the illegal use or possession of a weapon?

In New Jersey, it’s illegal to use or possess certain weapons in a way that could be dangerous to others. 

Here are some situations in which you could face an illegal use of weapons charge: 

It’s important to note that even if you did not intend to cause bodily harm to anyone, you could still be charged with illegal use of a weapon if your actions are deemed to have posed a threat to others, or sometimes you can be charged simply for the act of possessing the weapon.

Weapons that are illegal in New Jersey 

You could face an illegal use of weapons charge for using many designated weapons, including the following weapons in New Jersey: 

Note: This is not an exhaustive list. If you don’t see your weapon listed, consult with a criminal defense attorney for more clarity. 

Weapons that are illegal without proper authorization

Unless you are a law enforcement officer or member of the military, possessing or using the following types of weapons is illegal in New Jersey:

There may be some exceptions, however. For example, a member of the military is not allowed to use certain types of weapons outside of training and official duties. The specific nature and circumstances of any given situation may very much affect whether there is a basis for criminal charges, so it is important to consult with a criminal defense attorney for more clarity about your specific situation. 

What are the penalties for the illegal use of a weapon?

Penalties for the illegal use of a weapon in New Jersey vary depending on the specific circumstances of each case. Often, they can be severe and life-altering—which is why it is important to contact an experienced criminal defense attorney when you are facing an illegal use of weapons charge. 

Common scenarios that may lead to weapons charges include the following four actions.

Illegal possession of a firearm

Illegal possession of a firearm can result in up to ten years in prison and a fine of up to $150,000.

Discharging a firearm in the commission of a crime

Discharging a firearm in the commission of a crime can result in a mandatory minimum sentence of five years in prison, in addition to penalties for other charges. 

Carrying a concealed weapon without a permit

Carrying a concealed weapon without a permit can result in up to five years in prison and a fine of up to $15,000. 

Using a weapon to threaten or intimidate another person

Using a weapon to threaten or intimidate others can result in up to ten years in prison and a fine of up to $150,000. 

Even after the time is served and fines are paid, having a weapons charge on your criminal record may make it more challenging to secure loans, housing, employment, and career opportunities in the future.

What should you do if you are charged with illegal use or possession of a weapon?

If you are charged with illegal use of a weapon in New Jersey, quick action is crucial. When you first learn of the charges, contact a criminal defense attorney who has experience handling weapon-related charges in New Jersey without delay. 

Choose an attorney you trust, who can help you: 

What are the legal options for a person charged with illegal use or possession of a weapon?

Depending on the unique circumstances of your case, your attorney might employ a variety of legal defense strategies to fight your illegal use of weapons charge. 

However, it is important to note that each of these defense strategies involves many nuances. The strategy that is appropriate in one situation may not be appropriate in another. No criminal defense attorney can guarantee a specific outcome for your case.

Depending on your attorney’s analysis of the situation, one or more of the following defense strategies may be useful to achieve a lesser sentence: lack of intent, self defense, or unlawful search.

Lack of intent

Depending on the circumstances and weapon in question, the prosecutor may be willing to downgrade your charges if the weapon was possessed accidentally with no intention to break the law or cause harm. 

Self-defense

If you only used the weapon to defend yourself or someone else, the prosecutor may decide to be more lenient in your charges. 

Unlawful search and seizure

If law enforcement officials obtained your weapon as a result of an unlawful search and seizure, a judge may decide to suppress the weapon, which could lead to dismissal of your charges.

Facing a criminal weapons charge in New Jersey? Consult with an attorney now!

The mere accusation of a weapons offense can feel frightening, but you do not have to face it alone. 

Time is of the essence. Consult with an experienced criminal defense attorney as soon as possible. Your future—and your freedom—could depend on it.

The criminal defense attorneys at Dughi, Hewit & Domalewski have substantial experience defending clients charged with weapons-related offenses. We are dedicated to helping you navigate the complexities of New Jersey’s legal system to achieve the best possible outcome for your particular situation.

To learn more, schedule your consultation with our team today.

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