In New Jersey, prosecutors can charge you with unlawful possession of a firearm even if police did not find a firearm on you. New Jersey law recognizes that you may be “in possession” of a firearm through constructive possession. Prosecutors may argue constructive possession of a firearm if police found the gun in a place that you could access.
The consequences of a firearms conviction can be serious, but fortunately, there are several legal strategies that a skilled Monmouth County criminal defense lawyer may use in your defense. Contact Keith Oliver Criminal Law for a free consultation. Let us use our experience and knowledge to protect your freedom and future.
What Is Constructive Possession of a Gun?
Constructive possession may be charged if police recover a firearm in a place that a defendant
- Had access to
- Knew that a firearm was there
- Intended to exercise control over the firearm.
Constructive possession does not require a person to have a firearm in their hand or on their person.
Circumstances that could lead to prosecutors alleging constructive possession of a gun include:
- A firearm found in the glovebox or center console of a vehicle
- A firearm found in a bedroom closet
- A firearm found in a locker
Why Choose Keith Oliver Criminal Law?
Gun cases based on constructive possession can involve complex legal issues. You need a seasoned criminal defense attorney who can identify weaknesses in the prosecution’s case and help you seek a positive outcome.
We are proud of the comments that former clients have shared about the legal services we provided:
“I was charged with illegal possession of guns. My guns were returned to me quickly. I found Keith Oliver to be courteous, prompt, attentive, and extremely knowledgeable and helpful. I would therefore like to bring to your attention that Mr. Oliver has reinstated and buttressed my confidence in lawyers and their ability to perform admirably jobs which they are assigned.” — Ron, former client
Let the legal team at Keith Oliver Criminal Law help you present a robust defense to gun possession charges in Monmouth County.
- Our firm focuses exclusively on criminal defense, giving us in-depth knowledge of the New Jersey criminal justice system.
- Our lawyers have the resources to investigate your case thoroughly and leverage the weaknesses in the prosecution’s evidence.
- We have working professional relationships with Monmouth County prosecutors and court staff.
- Our law firm is available 24/7 to talk about your case and help you make informed decisions.
What Must Prosecutors Prove Under New Jersey Law?
A constructive possession theory will require prosecutors pursuing a firearms charge to prove several elements, including:
- Knowledge of presence: The defendant must know of the presence of the firearm in the place where police found it.
- Knowledge of illegality: A defendant also must know that the firearm is illegal (such as the defendant not having obtained New Jersey firearms permits or having a prior conviction that disqualifies them from possessing firearms).
- Ability to control: The defendant must have the means to access and control the firearm, such as having a key or combination code to access the firearm’s location.
- Intent to exercise control: The evidence must show that the defendant intended to exercise control over the firearm, such as evidence of the defendant’s purchase or use of the firearm.
What Is the Difference Between Actual and Constructive Possession?
Prosecutors may prove an unlawful firearm possession charge by showing that a defendant had actual or constructive possession of the gun. The differences between actual possession vs constructive possession require that prosecutors pursue gun charges differently depending on the theory of possession. Actual possession means that a person physically possessed the firearm by holding it in their hand or carrying it on their person in a holster, in their waistband, or in a bag.
The doctrine of constructive possession also allows a jury to find that a defendant illegally possessed a firearm even if they did not have it in their physical possession. A person found in constructive possession of an unlawful firearm may still face criminal prosecution.
Can a Gun Found in a Shared Vehicle or Home Lead to Charges?
When police find a firearm in a vehicle or home that two or more people share, prosecutors can charge an owner or occupant of that vehicle or home with joint constructive possession. Joint possession of a firearm does not preclude the state from filing unlawful possession charges. Prosecutors may charge each of the owners and occupants with unlawful gun possession if none of them could lawfully possess the firearm and each of them had equal access to it.
What Evidence May Prove Constructive Possession?
In most cases, prosecutors may rely on evidence of the circumstances surrounding the firearm’s discovery to prove that a defendant constructively possessed the weapon. Some of the factors that may show constructive possession include:
- Mail or documents bearing the defendant’s name in proximity to the firearm
- Other property belonging to the defendant stored in proximity to the firearm
- The defendant had sole access to the room, vehicle, or container where police found the firearm
- Photographs showing the defendant holding the firearm
- The defendant’s fingerprints on the firearm
- The defendant’s efforts to prevent law enforcement from accessing or searching the room, vehicle, or container with the firearm. That may serve as evidence of knowledge of the firearm’s presence
- Witness testimony about the defendant’s statements regarding the firearm
What Defenses Can Challenge Constructive Possession?
A defendant facing criminal charges of firearms possession based on a theory of constructive possession may pursue various legal defenses to weaken the prosecution’s case. Some of the most common defenses to alleged constructive possession of a firearm include:
- Lack of knowledge: The defendant may argue that they had no knowledge of the firearm’s presence. There may be reasonable doubt about to whom the gun belonged. Mere proximity to a firearm (such as a firearm in the glove box of a borrowed vehicle) does not necessarily prove the person charged had knowledge of a weapon.
- Lack of access: A defendant may highlight the lack of evidence showing they could access the location where police found the firearm.
- Lack of intent: Defendants may argue that the evidence fails to prove their intent to control the firearm, especially if the prosecution presents little physical evidence connecting a defendant to the firearm.
- Unlawful search: A defense attorney can seek to have a firearm excluded as evidence by showing that police did not have a search warrant and found it through an illegal search.
Contact a Monmouth County Gun Possession Lawyer
Have police charged you with a gun crime based on allegations that you had constructive possession of an illegal firearm? You could face harsh criminal penalties if found guilty of firearms charges. Any person accused of weapons offenses in Monmouth County, New Jersey needs an experienced criminal defense attorney to develop a strong defense. Contact Keith Oliver Criminal Law today for a free case review with a knowledgeable criminal defense attorney. A seasoned gun possession lawyer is ready to discuss your legal options for fighting gun possession charges in Monmouth County.