Criminal defense attorney Brad Shuttleworth of Shuttleworth Law P.C. presents the first article in a four-part series on dealing with gun charges in New Jersey. Brad is an experienced gun defense lawyer and has represented many defendants who have needed a lawyer for gun charges in New Jersey.
Understanding the Elements of a Weapons Charge
New Jersey stands out as one of the most stringent states in the nation regarding gun policy and enforcement. In fact, New Jersey has an expansive definition of what qualifies as a weapon. Under the law, a weapon is defined as any object readily capable of lethal use or inflicting serious bodily injury. The law also specifically includes firearms and handguns in the definition of a weapon.
The state’s stance on weapon possession laws is serious. Violating these laws can result in severe consequences. New Jersey imposes substantial fines, mandatory minimum prison sentences, and periods of parole ineligibility for individuals convicted of firearm and other weapon offenses.
Hiring an experienced gun defense lawyer is the first step to protecting your rights and freedom. The gun lawyers at Shuttleworth Law P.C. have decades of experience challenging the state’s evidence in gun charge cases. If the state can’t prove every element of an offense, then the court can’t find you guilty.
Required Elements That the Prosecution Must Prove
In New Jersey, the prosecutor must prove the following elements beyond a reasonable doubt to obtain a conviction:
1. The Instrument Involved Was a Weapon as Defined by N.J.S.A. 2C:39-5
In cases involving regulated firearms or prohibited weapons, the prosecutor needs to demonstrate that the weapon meets the legal definition and classification under New Jersey law. This includes establishing whether the weapon is a firearm, assault weapon, or another prohibited device.
2. The Defendant Knowingly Possessed the Weapon
This can include actual possession, where the weapon is physically on the defendant’s person or within their immediate control, or constructive possession, where the defendant has control over the weapon even if it is not directly on their person. The prosecutor must establish that the defendant was aware of the presence and nature of the weapon. This element is crucial, particularly in cases of constructive possession, where the defendant may mount a defense that he lacked knowledge about the presence of the gun.
3. The Defendant Intended It to be Used as a Weapon
For certain weapons possession offenses, such as possession for unlawful purposes, the prosecutor must prove that the defendant possessed the weapon with the intent to use it for an unlawful purpose. This could include using the weapon to commit a crime, harm another person, or intimidate others.
4. The Defendant Did Not Have the proper Permit or License
The state also has to prove that you didn’t have a permit to purchase or carry a firearm outside of your residence or business to prove your guilt.
Serious Nature of a Weapon’s Charge in New Jersey
As you can see, the state must jump through several hoops to prove someone is guilty. However, a conviction for the New Jersey Unlawful Possession of a Weapon statute will result in serious consequences upon a convicton. That’s why hiring a handgun lawyer like the handgun lawyers at Shuttleworth Law P.C. can help you escape the drastic fines and mandatory minimum prison sentences involved in these cases.
The NJ Criminal Statute (N.J.S.A. 2C:39-5) breaks down the penalties involved in these offenses by the type of weapon that was unlawfully possessed. For example, possession of a handgun, machine gun or assault firearm is an offense in the second degree, which can result in up to ten years in prison. With that sentence, the New Jersey Graves Act requires a mandatory minimum term of imprisonment and a period of parole ineligibility.
Then, for example, the unlawful possession of a shotgun or rifle is an offense in the third degree, which carries a maximum of five years in prison. We’ll go into detail about the penalties for gun charges in the next article in this series.
Your Lawyer Can Assert Multiple Defenses to Gun Charges
In another post, Defense Strategies in New Jersey Unlawful Weapon Possession Cases, you’ll see that there are various defenses that your gun lawyer can assert. Defenses include:
- Missing elements of the charge
- Lack of knowledge
- No control
- Unlawful search or seizure
- Lawful possession
- And more
Most defenses are considered to be waived unless they’re asserted and properly litigated. The best time to win your case is in the beginning of the case in the trial court, and not on an appeal.
Get Your Free Case Evaluation With a New Jersey Gun Defense Lawyer
From fighting for your righs in court to negotiating with prosecutors for reduced charges or penalty, an experienced lawyer can make the difference in your case. Don’t leave your future to chance — contact us now to protect your rights and defend against unlawful weapons possession charges in New Jersey.
You can complete our easy online form or you can call us at 888-529-3486 to schedule your free case evaluation. Your freedom and future are too important to risk going to court without the help we can provide.
