Unlawful possession of a weapon in New Jersey, including firearms, knives, and other prohibited items, can put your freedom at risk. That is, prison is on the table if you’ve been charged with this crime. Given the serious potential consequences, you have to have an experienced defense team that can use the effective strategies we discuss below to defend your freedom and protect you from overzealous prosecution.
The is the third article in a four-part series about gun possession in New Jersey. The criminal defense attorneys at Shuttleworth Law P.C. can help you with the best defense possible when faced with an unlawful weapons possession charge.
Absence of Control
A strong foundational defense exists in situations where you were unaware of the presence of the weapon or lacked control over it during the incident that led to the criminal charges. This is particularly relevant in shared spaces, like when a gun is found in a car or home. Our job is to prove that you didn’t have exclusive control or awareness of the weapon, to introduce reasonable doubt and challenge the prosecution’s case effectively.
In shared living situations where a firearm is discovered, we can focus on a key element to emphasize the access other people have to the living space. This can significantly weaken the prosecution’s assertion of your exclusive control over the weapon, casting doubt on the merits of the charge.
Unlawful Search
The legality of the search that led to the charges you may be facing is a cornerstone of many defenses, rooted in the Fourth Amendment’s protection against unreasonable searches and seizures. As your advocates, we may file a motion to suppress evidence. A motion to suppress argues that the police found the weapon through an unconstitutional (thereby illegal) search. If successful, the court then suppresses, or excludes, key evidence from trial. This strategy can potentially dismantle the prosecution’s entire case.
Our expertise and ability to dive deep into the legality of police procedure and officer conduct and the validity and basis of the warrant are critical in many possessory crime cases.
Lawful Possession
An additional defense to a weapons charge in New Jersey may be lawful possession. Here, we prove that your possession of the weapon at issue was legal and fully complied with New Jersey weapon laws. This may involve detailing the permit process that you went through and how you fulfill the necessary criteria for lawful possession. Another factor may be your legal need/right to possess the weapon for professional duties like law enforcement or security work, or it might involve you lawfully transporting the weapon.
Self-Defense
Self-defense or justification involves arguing the weapon was necessary to protect yourself from imminent harm. This kind of unlawful weapon possession defense requires substantial and credible evidence and, possibly, eyewitness testimony. As your defense team, along with gathering witness statements as well as vetting their credibility, we need to convincingly argue that possession of the weapon was a reasonable response by you to an immediate threat, carefully balancing your right to self-defense with that of the legal restrictions on weapon possession.
Entrapment
An entrapment defense involves a scenario where you were induced by a law enforcement officer to commit a crime you otherwise would not have considered. In order to successfully raise an entrapment defense, we’d focus on highlighting the proactive role of law enforcement pressuring you to engage in a criminal act, focusing specifically on their interactions to show how they coerced you.
Protect Your Rights! Call our New Jersey Criminal Defense Lawyers.
Navigating a charge of unlawful weapon possession in New Jersey requires the nuanced legal understanding and strategic defense approach that the skilled attorneys at Shuttleworth Law P.C. bring to every case we defend. Tailoring your defense to the case’s specifics and leveraging our expertise are crucial for effective representation. We are dedicated to protecting your rights and your freedom.
A seasoned legal team understands the importance of giving your defense our full attention and dedication. We have cultivated nearly 20 years of trial experience in defending clients facing unlawful weapon possession charges. We’ll put those years of experience behind your case while supporting it with a personalized strategy.
Get your Free Case Evaluation now by calling 856-681-0185 or by messaging us confidentially online. We’ll carefully review the details of your case, assess the evidence against you, and develop a strategic defense for your specific situation. Our legal team can meet with you in person or via secure video conferencing. Our offices are conveniently located on Mantua Pike in Wenonah, NJ.
