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Possession of a Weapon for an Unlawful Purpose

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Palisades Interstate Park NJ Possession of a Weapon for an Unlawful Purpose Defense Attorneys 

Bergen County NJ Criminal Defense Lawyers

Weapons Possession Charges Bergen County NJ
Weapons Possession Charges Bergen County NJ

Possession of a weapon for an unlawful purpose is a serious felony charge in NJ. New Jersey has some of the strictest gun laws in the country. Under the Graves Act, a defendant charged with a firearms offense, even with no prior record, is facing mandatory state prison time and parole ineligibility. If you have been arrested on a handgun or weapons charge in New Jersey, you need straight answers from an experienced weapons offenses defense attorney. Possession of a weapon for an unlawful purpose charge? You’ve come to the right place.

Travis J. Tormey and the attorneys at The Tormey Law Firm have extensive experience representing clients charged with illegal gun offenses, including unlawful possession of a weapon, certain persons offenses, and unlawful disposition of a firearm in Bergen County and throughout New Jersey. Representing clients in towns such as Franklin Lakes, Oakland, and Ridgewood on a regular basis has allowed them to hone their crafts in the realm of criminal and DWI defense. In fact, Mr. Tormey was named one of the Top 10 Criminal Defense Attorneys Under 40 In New Jersey in 2014 by the National Academy of Criminal Defense Attorneys and also heralded as one of the Top 40 Attorneys Under 40 in the Nation in 2014 by the National Trial Lawyers Association.

For a free consultation about your weapons charges in New Jersey, call (201)-330-4979, submit an online contact form, or schedule an appointment to meet with us in person at our convenient Hackensack office location. You can also review our client testimonials page for additional information and check out our client reviews on Avvo.com.

Success Stories in New Jersey Gun Cases 

If you or a loved one has been charged with an illegal firearm offense in New Jersey, Travis Tormey can help. Here are just a few of the weapons cases that Mr. Tormey has recently handled:

  • United States Marine charged with illegal weapons possession in Hudson County. Graves Act offense which requires jail time and parole ineligibility. Defendant sentenced to probation and no jail time.
  • United States Marine and his wife charged with illegal gun possession in Morris County. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program, resulting in no criminal record when successfully completed.
  • 18-year-old kid and his friend charged with illegal weapons possession when visiting Cape May on vacation from their home state of Pennsylvania. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program, resulting in no criminal record when successfully completed.

To view more of our many victories in court, access our success stories page.

Possession of a Weapon for an Unlawful Purpose: N.J.S.A. 2C:39-4

In New Jersey, N.J.S.A. 2C:39-4 governs charges for possession of a weapon for an unlawful purpose. The statute provides, in pertinent part:

§ 2C:39-4. Possession of weapons for unlawful purposes

a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.

b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

Penalties for Possession of a Weapon for an Unlawful Purpose

According to the above statute, a charge for possession of a weapon for an unlawful purpose can be a second degree, third degree, or fourth degree offense, depending on the circumstances of the alleged crime and the weapon involved. Second degree charges have a range of five (5) to ten (10) years in state prison , with a presumption of imprisonment even when the defendant has no prior criminal record. By contrast, a third degree charge has a range of three (3) to five (5) years in state prison, and it does not contain a presumption of imprisonment. Finally, a fourth degree charge includes up to 18 months in state prison if convicted.

 

If you have been charged with possession of a weapon for an unlawful purpose, it is imperative that you speak to an experienced criminal defense lawyer. Contact Mr. Tormey today at (201)-330-4979 for immediate assistance and a free consultation about your case.

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Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.