Possession of a Weapon for Unlawful Purpose Lawyers in Monmouth County
Altercations are going to happen and at times they will become physical but if a weapon is used during an altercation, things will quickly escalate from bad to worse. As such, if you have been arrested and charged with the possession of a weapon for unlawful purpose in New Jersey, then you could be detained in the Monmouth County Jail without bail, pending trial. However, in order to do so, the prosecution must file for and be successful at what is known as a Detention Hearing. For more information on Detention Hearings, please contact one of our Monmouth County criminal defense attorneys at (732)858-6959. As you can tell already these are very serious charges and that they require the assistance of an experienced criminal defense attorney. As you will see below, a Defendant charged with the possession of a weapon for unlawful purpose could be facing not only a significant State Prison sentence but one that requires a substantial parole ineligibility period as well.
Need to Consult with a Lawyer for Possession of Weapons for Unlawful Purpose Case in NJ
If you have been charged with a criminal offense in Monmouth County, in towns like Middletown, Tinton Falls, Freehold, Neptune, Long Branch, Ocean Township, Asbury Park, Wall Township or Howell, Keith Oliver Criminal Law can help. Our Monmouth County criminal lawyers have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey, including Monmouth County. We are well aware of what a felony weapons conviction let alone a lengthy jail sentence could do to someone’s life. If you would like to come into our Middletown office and have a face to face consultation with one of our attorneys, then please contact us at (732)858-6959. We can be reached 24/7 at the aforementioned number and as always, our initial consultations are free of costs. Now here is some key information on the Possession of a Weapon for Unlawful Purpose offense, including the breakdown in the different degrees.
How Serious is Possession of a Weapon for Unlawful Purpose Charge in NJ
The governing statute in New Jersey for Possession of a Weapon for Unlawful Purpose is N.J.S.A. 2C:39-4 and as you will see it has been broken down into five different sections. In essence the legislature chose to separate each section based on the different type of weapon alleged to have been used. Here is a breakdown:
What are the Elements of a Possession of a Weapon for Unlawful Purpose Charge:
“Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another”.
The key under this section is the fact that the Defendant used a “firearm”. This is a second degree felony offense and it also falls under the Graves Act as well. Therefore, if convicted a Defendant is facing up to ten (10) years in a New Jersey State Prison and a fine up to $150,000. In addition, since this is a Graves Act offense too, the Defendant will not only be required to serve a mandatory State Prison sentence but that sentence will also require a mandatory parole ineligibility period as well.
“Any person who has in his possession any weapon with a purpose to use it unlawfully against the person or property of another”.
The key under this section is what will be considered a weapon. A weapon has been defined as “anything readily capable of lethal use or of inflicting serious bodily injury”. This is a third degree felony offense and if convicted a Defendant faces up to five (5) years in a State Prison and a fine up to $15,000.
“Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose”.
The key to this section is determine what would qualify as an imitation firearm. An imitation firearm as been defined as any “object or device reasonably capable of being mistaken for a firearm”. This is a fourth degree felony in New Jersey and if convicted a Defendant could be facing up to eighteen (18) months in a State Prison and a fine up to $10,000.
Common Charges Associated with a Possession of a Weapon for Unlawful Purpose Case in NJ
It is extremely rare to see an individual charged with possession of a weapon for unlawful purpose alone. In theory, there would have to be at least two other criminal offenses, one covering the weapon that is alleged to have been possessed and the other covering the alleged “unlawful purpose”. Some of more common ancillary charges that we surrounding a possession of a weapon for an unlawful purpose include but are not limited to the following: aggravated assault, robbery, carjacking, burglary, terroristic threats, aggravated assault by pointing, homicide, manslaughter and kidnapping. It probably goes without saying but these additional offenses will unquestionable make a bad situation far worse.
Possession of a Weapon for an Unlawful Purpose is always a Felony in NJ
All possession of a weapon for an unlawful purpose charges, regardless of the weapon alleged, will be considered an indictable offense, which is New Jersey’s version of a felony. That means that anyone charged with this offense in one of the municipalities in Monmouth County will be required to have their charges transferred from the local municipal court to the Monmouth County Superior Court, which is in Freehold for disposition.
Looking to Consult with a Lawyer on a Possession of a Weapon for Unlawful Purpose Case in Asbury Park
Keith Oliver Criminal Law is an experienced Monmouth County criminal defense firm. If you have been arrested and charged with possession of a weapon for unlawful purpose, eluding, certain persons, armed robbery, armed burglary, endangering the welfare of a child or any other criminal offense for that matter in Monmouth County, we can help. We serve all of Monmouth County including towns like Hazlet, Aberdeen, Matawan, Manalapan, Belmar, Marlboro, Freehold, Neptune City, West Long Branch, Oceanport, Manasquan and Holmdel. As you can tell these are very serious charges and should not be taken lightly. Our criminal defense attorneys are dedicated to making sure that no stone is left unturned when it comes to defending our clients. If you would like a free initial consultation then please contact us at (732)858-6959.