Charged with Possessing a Prohibited Weapon in Monmouth County
It is well known by now that when it comes to firearms in New Jersey, our legislature’s have taken a very hard stance. In fact, the Country as a whole is probably well aware of that fact. But what might come as a surprise to some, is that weapons in general, whether it be a switchblade, dagger, brass knuckles, slingshot or something more obvious like a sawed-off shotgun or a silencer, tended to be treated very seriously as well. As you will see below, some of these types of weapons on their face are considered illegal (i.e. silencer, sawed-off shotgun) and some, if they are possessed without an “explainable lawful purpose”, will be considered illegal. If law enforcement determines that any of the aforementioned weapons were possessed unlawfully, it will lead to the individual being charged with felony criminal offenses. Remember, this crime is simply for possessing the weapon, this is not for the unlawful use of the weapon, there is a separate criminal offense, possession of a weapon for an unlawful purpose.
Need a Lawyer for a Knife Possession Charge in Freehold New Jersey
Weapon’s related offenses are not something to underestimate in New Jersey. The potential consequences an individual faces if convicted a possessing a prohibited weapon can be life altering. As you will see below, certain prohibited weapon charges could result in an individual being sentenced to up to a half a decade behind bars. If you have unfortunately found yourself being charged with a weapons related offense, whether it be unlawful possession of a gun, possession of a prohibited device, certain persons not to possess a weapon or possession of a weapon for an unlawful purpose in Monmouth County, the Law Office of Proetta, Oliver & Fay can help. Our office has been defending those accused of weapons related offenses in towns throughout Monmouth County for years now. Our office is well aware of the proactive, aggressive approach that the Monmouth County Prosecutor’s Office takes when it comes to individual’s facing weapons related charges. As such, we are dedicated to aggressively exploring every angle when it comes to defending these types of allegations. If you would like to set up an initial consultation today, please contact our office at 732.858.6959 or you can try contacting us online.
What is Considered a Prohibited Weapon in New Jersey?
The New Jersey Criminal Code has numerous subsections that surround the weapon related offenses. Some subsections are meant to prosecute the unlawful possession of an otherwise lawful weapon, some are meant to prosecute the unlawful use of a potential lawful weapon and others are meant to prosecute certain individual who are forbidden from possessing certain weapons. N.J.S.A. 2C:39-3, Prohibited Weapons and Devices, is meant to prosecute those who are caught possessing certain specific weapons.
The first subsection, N.J.S.A. 2C:39-3a, covers destructive devices. Anyone caught possessing a destructive device will be facing a third degree indictable offense, which is New Jersey’s version of a felony. If convicted of this offense, an individual will be facing up to five years in a State Penitentiary and up to a $15,000 fine.
The second subsection, N.J.S.A. 2C:39-3b, covers sawed-off shotguns, this weapon on its face is unlawful. This as well is considered a third degree crime. The same penalties mentioned directly above would be applicable.
The third subsection, N.J.S.A. 2C:39-3c, covers silencers, these as well are unlawful on their face in New Jersey. Anyone caught in possession of a silencer will be facing a fourth degree felony. A fourth degree felony subjects an individual to up to 18 Months in a State Prison and a fine up to $10,000.
The fourth subsection, N.J.S.A. 2C:39-3d, deals with defaced firearms. Unless the firearm is classified as an antique firearms, all defaced firearms will be considered illegal in New Jersey. Just as with the unlawful possession of a silencer, this offense is a crime of the fourth degree and the applicable penalties if convicted are mentioned directly above.
The fifth subsection, N.J.S.A. 2C:39-3e, deals with certain specific weapons. The statute specifically addresses: gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckles, sandclub, slingshot, cestus or similar leather band studded with metal filings and ballistic knife. Unlike all of the other aforementioned subsections, these weapons are no per se illegal, if the individual can establish an explainable lawful use, then it will not be considered illegal to possess them. If not, they will be facing a crime of the fourth degree, which as previously stated could land an individual behind bars for up to 18 Months a fine up to $10,000.
The sixth subsection, N.J.S.A. 2C:39-3f, deals with dum-dum bullets and armor piercing ammunition, which is more commonly referred to as “hallow-points”. Anyone caught possessing anyone of these items will be charged with a crime of the fourth degree. As previously stated numerous times above, a conviction for a crime of the fourth degree will expose an individual to up to 18 months in a State Prison and a fine up to $10,000.
Need a Lawyer for a Hallow-Point Bullet Charge in Monmouth County NJ
Unfortunately, possession of prohibited weapons are typically tack on charges. In other words, these types of items are usually discovered as a result of a law enforcement investigation, for example a search incident to arrest. Therefore, these types of charges can quickly turn a bad situation worse. If you have been charged with possession of hallow-point bullets, unlawful possession of a handgun, possession of a weapon for unlawful purpose, resisting arrest, disorderly conduct or any other offense for that matter in Monmouth County, we can help. We serve all of Monmouth County, including Freehold Township, Howell, Belmar, Wall Township, Asbury Park, Middletown, Holmdel, Long Branch, Manalapan and Tinton Falls. To schedule a free initial consultation today, please call 732.858.6959.