Weapons Charge Lawyers in Essex County, NJ

Our Skilled New Jersey Lawyers Build a Strong Defense for Clients Arrested on Weapons Charges in Montclair, NJ and Throughout Essex County

Despite the fact that the U.S. Constitution guarantees your right to own a weapon, that right is significantly limited by the parameters of New Jersey law.  New Jersey imposes some of the harshest penalties in the country for weapons charge convictions. The bottom line is that even taking a lawfully owned firearm from your home for lawful purposes can expose you to significant jail time under these unforgiving New Jersey laws. 

Not only are the penalties for weapons crimes tough, but they are strictly enforced by the police and prosecutors.  If the weapon is a firearm, you might even face mandatory minimum jail time in Essex County under the New Jersey Graves Act.

Regardless of the type of weapons charge involved, you don’t have to fear judgment when seeking our legal help.  We treat all of our clients with the dignity and respect that you deserve—and we take your weapons charge seriously.  Our weapons charge defense lawyers know what’s at stake when you’re accused of a weapons offense. We leave nothing to chance. We know that every piece of evidence matters, so we examine every detail of your case to identify the strongest defense strategies available. 

At Birkhold & Maider, LLC, our lawyers have a comprehensive understanding of New Jersey weapons laws necessary to get the best possible result in your case.  We know that you may be completely unfamiliar with the criminal justice system. We’re here to protect your future and your freedom, so call or contact us online today for a free consultation to tell us what happened in your case.

New Jersey Law Imposes Harsh Penalties for Weapons Charge Convictions in Essex County

Weapons charges can apply under many different circumstances, including:

• Possessing an illegal weapon (a type of weapon, usually a gun, that is itself illegal),
• Possessing a weapon while committing some other crime,
• Using an imitation firearm,
• Possessing a gun without proper permits or licenses,
• Possessing a weapon after being convicted of a felony,
• Possessing a weapon while on parole or probation,
• Possessing a weapon as a juvenile,
• Bringing a weapon into or near a school.

One common scenario that we see involves clients arrested on a weapons charge for transporting their lawfully purchased gun out of the home.  You might even be carrying your gun to the shooting range. Unfortunately, permits for carrying your gun outside the home are almost never issued and strict requirements apply for transporting a gun.  You can face second-degree criminal charges that can result in:

• A minimum sentence of five years in prison, and up to ten years in prison,
• No eligibility for parole for the first three years under the New Jersey Graves Act,
• Significant financial penalties that can reach $150,000,
• A felony-level conviction on your criminal record (meaning that you will be barred from legally possessing a weapon in the future).

Other weapons charges may be punished as third or fourth-degree crimes, which may carry less substantial jail sentences.  This is usually the case if the weapon involved is not a gun. Third and fourth-degree convictions are still felony convictions, however, and will result in significant negative consequences.

How Can the Skilled Weapons Charge Defense Lawyers at Birkhold & Maider Help in Your Essex County Case?

After we secure your bail, our team of weapons charges defense lawyers will jump into action immediately to obtain every piece of evidence in your case.  Our goal is to build the strongest and most effective defense possible in your case. Effective defenses may include:

• Police violations of your Miranda rights,
• Constitutional violations, including improper searches of your property or vehicle without a warrant,
• Mistaken identity,
• Failure by police to follow proper standards when questioning you.

To avoid mandatory jail time without parole, we may be able to apply for what is known as a “Graves Act waiver”.  If you are a first-time offender, we may be able to secure admission to the New Jersey pre-trial intervention (PTI) program.  Upon completion of PTI, your weapons charges may be dismissed and you can avoid jail and even conviction.

Our team of top-level defense lawyers will work tirelessly to identify every weakness in the prosecution’s case.  This involves carefully analyzing the circumstances of your arrest and developing a strategy that presents all evidence in a favorable light.  We never let the prosecution win without a fight. Contact us today so that we can begin our fight in your case.

Arrested on Weapons Charges?  Call Our Talented Lawyers Today for a Strong and Effective Defense in Your Essex County Case

If you or a loved one have been charged with committing any type of weapons offense in New Jersey, you can’t afford to take the allegations lightly.  Your first step should be to contact an experienced lawyer so that we can begin forming your defense immediately. Remember, it can take time to gather the necessary evidence in your case, so time really does matter. 

To discuss options for your defense, call our experienced Essex County weapons charges defense lawyers today.  We are based in Nutley, NJ, and serve clients throughout northern New Jersey.

Frequently Asked Questions About Weapons Charges in Northern New Jersey