Firearms and Weapons Crimes
New Jersey Imposes Mandatory Jail Terms For Certain Firearm Offenses
A New Jersey Sentencing Statutes referred to as "The Graves Act" was amended on January 13, 2008 to include a number of possessory firearm related crimes that were formerly outside the mandatory parole ineligibility sentencing provisions required by the Act. N.J.S.A. 2C:43-6c. Surprisingly, I still run into criminal defense attorneys who are unfamiliar with the implications of this change in the law. A complete recitation of the provisions and its nuances is beyond the scope of this posting. Read the rest of this entry »
New Jersey Firearms and Handgun Possession – Effect of Proposed Federal Legislation
It used to be that a charge for Unlawful Possession of a Firearm or Handgun in New Jersey would expose a defendant to little more than a probationary sentence. On January 13, 2008, the penalties in New Jersey for Unlawful Possession of a Firearm took on a whole new meaning even for first time offenders. Effective on that date, the Unlawful Possession of a Firearm or Handgun offense (N.J.S.A. 2C: 39-5b.) was elevated from a Third Degree offense (maximum 3 to 5 years in prison) to a Second Degree offense (maximum 5 to 10 years in prison). More importantly to those accused in New Jersey, the presumption of non-incarceration for a third degree offense no longer applied. In other words, even if it is your first offense, you are staring in the face of State Prison and mandatory parole ineligibility time pursuant to the Graves Act. (N.J.S.A. 2C: 43-6c.). Read the rest of this entry »
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