New Jersey’s gun laws are some of the strictest in the country, and Mercer County prosecutors pursue gun charges aggressively. A conviction can lead to steep fines and mandatory prison time, even for a first offense.
If you or a family member is facing gun charges in Trenton, Hamilton, Ewing, or anywhere else in Mercer County, New Jersey, you need a Mercer County gun charge lawyer who understands how to protect your future. At Keith Oliver Criminal Law, we focus exclusively on criminal defense, and we’re ready to talk with you about your case now.
Contact us today for a free case review from an experienced criminal defense attorney in Mercer County.
What Gun Charges Are Common in Mercer County?
New Jersey’s gun laws cover many types of conduct involving firearms, so the specific charges you may face depend on factors like the type of weapon, your alleged intent, and your background.
Below are some of the gun possession charges often brought in Mercer County:
- Unlawful possession of a handgun – Carrying or possessing a handgun without a valid permit, even if you obtained the firearm legally in another state
- Unlawful possession of a rifle or shotgun – Possessing a rifle or shotgun without a firearms purchaser identification card, or possessing a loaded rifle or shotgun without authorization
- Possession of a weapon for an unlawful purpose – Having a firearm with the intent to use it against another person or their property
- Possession of an assault firearm or machine gun – Possessing a weapon classified under New Jersey’s assault firearm or machine gun statutes without the required license or registration
What Happens After a Gun Arrest in Mercer County, NJ?
An arrest for illegal gun possession or a similar charge initiates a formal legal process. After police take you into custody, you’ll appear before a judge for an initial detention hearing. At the hearing, the court will decide whether you should be released from custody while the court process plays out.
From there, indictable gun offenses in Mercer County generally proceed through the Mercer County Criminal Courthouse at 400 South Warren Street in Trenton.
Many gun possession charges and similar offenses fall under New Jersey’s Graves Act, a sentencing law that requires mandatory minimum sentences and periods of parole ineligibility for certain gun crimes.
A Graves Act waiver can offer a path around the mandatory prison sentences in certain situations. Through the waiver process, a prosecutor can agree to handle the offense outside the Graves Act’s requirements, which may open the door to reduced charges, lesser penalties, or diversionary programs in lieu of prison time.
Not every Graves Act-eligible charge qualifies for a waiver, and prosecutors evaluate each request individually. It is best to work with a skilled criminal defense lawyer who has established relationships with the Mercer County Prosecutor’s Office – an attorney like those at Keith Oliver Criminal Law.
What Penalties and Graves Act Requirements Apply to Gun Charges?
New Jersey classifies most gun possession offenses as second- or third-degree indictable crimes, which are equivalent to felonies in other states. The potential penalties vary based on the specific charge:
- Unlawful possession of a handgun – A second-degree crime, punishable by 5 to 10 years in prison. The Graves Act generally applies and may require a minimum term of parole ineligibility.
- Unlawful possession of a rifle or shotgun – Typically a third-degree crime, punishable by 3 to 5 years in prison. Some Graves Act provisions carve out exceptions for the possession of certain air guns and similar devices.
- Possession of a weapon for an unlawful purpose – A second-degree crime, punishable by 5 to 10 years in prison. Graves Act minimums generally apply.
- Possession of an assault firearm or machine gun – A second-degree crime that can carry an enhanced mandatory minimum of 10 years without parole in cases involving the use or possession of the prohibited firearm during certain other offenses.
How Can a Mercer County Gun Charge Lawyer Defend Your Case?
An effective defense strategy usually starts with a close look at how law enforcement obtained the evidence against you. Our attorneys can examine whether police had a valid basis to stop, search, or arrest you, since an unlawful search can lead to dismissal of the prosecution’s evidence.
We can also scrutinize whether the state can prove that you knowingly possessed the weapon, whether any licensing exemptions apply, and whether the Graves Act hearing requirements were properly satisfied. In some cases, we can negotiate directly with prosecutors to pursue a Graves Act waiver, a downgraded charge, or entry into a diversionary program like pretrial intervention that can avoid a criminal record.
Why Choose Keith Oliver Criminal Law for a Mercer County Gun Case?
Keith Oliver Criminal Law exclusively practices criminal defense law. That focus gives us the depth of experience that all Mercer County gun cases demand. We’ve built strong working relationships with local prosecutors and courts. We put that knowledge to work for every client we represent.
Our results demonstrate our skill in these complex cases. For example, in State v. N.B., our attorneys secured a Graves Act waiver on behalf of a client facing gun and drug charges, and the client was accepted into pretrial intervention as a result. While past results do not guarantee a similar outcome in the specific circumstances of future cases, they do show our level of experience successfully handling complex Graves Act cases and other gun charges.
We’re also proud of the positive client reviews our law offices have received, such as this testimonial from a former client:
“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
FAQs About Gun Charges in Mercer County and Trenton
Will I automatically go to prison if I’m convicted?
Not necessarily. While the Graves Act imposes mandatory minimum sentences for many offenses, a waiver, plea negotiation, or successful defense can change the outcome.
Can I get my seized firearms back?
In some cases, yes. It depends on the specific charges you face, the outcome of your case, and any prior convictions in your criminal history.
Do I need a lawyer for a gun charge in Mercer County?
Yes. Because many gun-related criminal charges carry mandatory minimum prison sentences, you should work with an experienced criminal defense attorney who knows the local courts and can give you the best chance of a favorable outcome.
Contact a Mercer County or Trenton Gun Charge Lawyer for a Free Consultation
If you’re facing criminal charges involving an alleged Graves Act offense or other weapons charges in Mercer County, do not wait to get help from the defense team at our law firm. Contact Keith Oliver Criminal Law today for a free, confidential case review, and let us start building your defense.