New Jersey has some of the country’s strictest weapons laws. If you have been charged with a weapons offense in Mercer County or elsewhere in New Jersey, you need dedicated legal counsel to help you fight back and protect your freedoms.
Don’t leave your future to chance. Contact Keith Oliver Criminal Law for a free case review with a Mercer County weapons offense lawyer to get the guidance and support you need during this challenging time.
Why Choose Keith Oliver Criminal Law for a Mercer County Gun or Weapons Case?
If you have been charged with a weapons offense in Mercer County, you need experienced legal counsel to protect your rights and seek a positive outcome in your case. Choose the team from Keith Oliver Criminal Law to assist you with your case because:
- Our firm handles only criminal defense, so we have developed extensive knowledge of New Jersey criminal law.
- Our attorneys have decades of combined experience handling criminal cases ranging from minor disorderly persons offenses to the most serious weapons and violent offenses.
- Our team has excellent working relationships with Mercer County prosecutors, judges, and court staff, which we use to ensure you can anticipate what to expect in your case.
- Our firm has a proven history of success representing clients facing weapons charges, including having gun charges dismissed for one client and securing pretrial intervention for another client charged with brandishing a firearm. Although our record does not guarantee future results, it reflects our dedication to providing stellar representation.
As one of our past clients wrote about his experience working with our firm:
“Keith Oliver went over and beyond my expectations as my lawyer. Any time I had a question or needed to get in touch with him, he was available. After hiring him, I wouldn’t use any other attorney to represent me.” – George
Common Gun and Weapons Charges in Mercer County
Common examples of a possession of weapon charge in Mercer County include:
- Possession of a weapon for an unlawful purpose
- Possession of an illegal weapon
- Unlawful possession of a firearm
- Possession of a handgun without a permit
- Certain persons not to have firearms (for example, felons, domestic violence offenders, etc.)
- Possession of defaced firearms
What Penalties Can You Face for a Gun or Weapons Charge in New Jersey?
New Jersey treats weapons offenses extremely seriously. As a result, the law grades most offenses as indictable crimes, known as felonies in most other states. Convictions for weapons offenses can therefore lead to substantial criminal sentences.
Weapon offense penalties under New Jersey law can include:
- First-degree crime – 10 to 20 years in prison and a fine of up to $200,000
- Second-degree crime (for example, possessing a firearm for unlawful purposes) – 5 to 10 years in prison and a fine of up to $150,000
- Third-degree crime (for example, possession of illegal firearms) – 3 to 5 years in prison and a fine of up to $15,000
- Fourth-degree crime (for example, possession of firearms with defaced serial numbers) – Up to 18 months in prison and a fine of up to $10,000
How Does the Graves Act Affect Mercer County Gun Charges?
In New Jersey, the Graves Act requires mandatory minimum prison terms for many weapons offenses under state criminal law. Under the Graves Act, a court must sentence a defendant convicted of an eligible weapons offense to a minimum term equal to the greater of one-half of the total sentence or 42 months, or to a minimum of 18 months for fourth-degree crimes, during which a defendant cannot obtain parole.
What Defenses Can Apply to Mercer County Weapons Charges?
Possible defenses to a charge of possession of a weapon for an unlawful purpose include:
- Lack of possession – Defendants may argue that the prosecution’s case fails to prove that they had actual (physical) or constructive (control) possession of the weapon.
- Self-defense – For certain offenses, a defendant may argue that they possessed or used a weapon in self-defense or defense of others.
- Mistaken identity – A defendant in a weapons charge case may argue that a victim or witness erroneously identified them as the individual possessing the weapon.
- Inadmissible or unreliable evidence – When prosecutors use DNA or fingerprint evidence to tie a weapon to a defendant facing weapons charges, the defense may challenge the evidence’s reliability. Or they may seek to exclude the weapon from the case if police found it in an illegal search.
What Happens After a Weapons Arrest in Mercer County?
After a local police department in Mercer County arrests someone for a weapons offense, they will fingerprint and process the arrestee. If the Mercer County prosecutor’s office obtains an indictment, the arrestee will make an initial appearance in court to hear the charges and enter an initial plea. The court will also decide whether to grant the defendant pretrial release with conditions or detain them pending trial.
Mercer County Weapons Charges FAQs
How long do prosecutors have to file weapons charges?
Under New Jersey’s statute of limitations for criminal offenses, the state must begin prosecution for a weapons offense graded as a disorderly persons or petty disorderly persons offense within one year of the offense, or for an offense graded as an indictable crime within five years of the offense.
Will I always face Graves Act penalties for a weapons charge?
Under the Graves Act, a prosecutor can agree to waive the mandatory minimum sentences and periods of parole ineligibility imposed by the Graves Act for a defendant who does not have a prior conviction of a Graves Act-eligible offense. A prosecutor may move to waive Graves Act penalties if they certify that the penalties do not serve the interests of justice in a defendant’s case.
Will a conviction for a weapons charge bar me from owning firearms in the future?
A criminal conviction for a weapons offense will likely result in a convicted defendant becoming ineligible to possess firearms, especially if the law grades the offense as an indictable crime (felony).
Contact a Mercer County Weapons Offenses Attorney for Help
After Mercer County prosecutors charge you with a weapons offense, you need a dedicated criminal defense attorney due to the seriousness of such crimes under New Jersey law.
Contact Keith Oliver Criminal Law today for a free, confidential consultation with an experienced criminal defense attorney at our law offices. We’ll discuss your charges in Mercer County and how our firm can help you seek the best possible resolution under the circumstances of your case.