New Jersey gun laws impose strict regulations on firearm possession, making it illegal to carry or own weapons without the necessary permits. If you’re found guilty, you can face up to $150,000 in fines and 5 to 10 years in prison for this second-degree offense.
However, depending on your unique circumstances, it may be possible to fight back against these charges in court. Here’s an overview of five ways attorneys can defend their clients in weapon possession cases.
First, an Overview of New Jersey Weapon Possession Charges
To convict someone of unlawful possession weapons charges in New Jersey, prosecutors must prove that the defendant knowingly possessed the weapon and that it was either obtained illegally or used with criminal intent.
Certain firearms offenses, such as possession of a machine gun or an assault rifle without proper authorization, are classified as a first-degree crime and carry severe penalties. If convicted, individuals could face years in New Jersey state prison, depending on the severity of the crime.
Several Possible Possession of Firearm Defenses
Invoking Fourth Amendment Rights
The Fourth Amendment protects against illegal search and seizure, which is a crucial factor in many weapon possession defenses. Law enforcement officers must have probable cause or a valid warrant before conducting a search that could uncover a firearm or other weapon.
If a defense attorney proves that there was an illegal search, any evidence obtained from that search can be suppressed in court. Without this key evidence, prosecutors may struggle to prove unlawful possession and increase the chances of dismissal. A criminal defense attorney will carefully examine police reports to determine if law enforcement violated the constitutional rights of their client.
Establishing Lack of Intent
For a person to be convicted of possession of a weapon, prosecutors must show that they knowingly and willingly had control over it. If a firearm was unknowingly placed in a defendant’s bag or vehicle, a strong argument can be made that no crime occurred.
In the event intent cannot be established, the defendant may avoid a conviction. A defense attorney may argue that their client lacked knowledge of the weapon’s presence and create reasonable doubt that weakens the prosecution’s case.
Challenging the Prosecution’s Evidence
Many common defenses against weapons charges focus on the reliability and admissibility of evidence. Prosecutors must present clear proof that the accused had criminal possession of the weapon. If forensic tests are inconclusive, police mishandled evidence, or chain of custody procedures were not followed, the case may fall apart.
Additionally, firearm possession cases can rely on witness testimony, which can be challenged by an experienced weapons charges attorney. By exposing inconsistencies in the testimony and other aspects of the prosecution’s case, a criminal defense lawyer can seek a dismissal or reduction of charges.
Disputing Constructive Possession
New Jersey unlawful possession laws allow prosecutors to pursue cases even when a weapon is not found directly on the accused. This is known as constructive possession, where a firearm is discovered in an area accessible to the defendant, such as a shared home or vehicle.
A criminal defense lawyer can argue that multiple people had access to the location, making it difficult to prove the weapon belonged to the defendant. If there is no direct evidence linking the accused to the firearm, it can create reasonable doubt. Without clear proof of possession, penalties for weapons charges may be avoided.
Proving Entrapment Occurred
Entrapment happens when law enforcement coerces or pressures someone into committing a crime they would not have otherwise committed. This defense is particularly relevant in gun charges stemming from undercover operations. If officers encouraged a defendant to possess firearms or engage in an unlawful transaction, an attorney can argue that entrapment took place.
Defenses against weapons charges in entrapment cases often rely on proving that police actions crossed legal boundaries. By demonstrating that the crime resulted from law enforcement tactics rather than genuine criminal intent, a defense attorney can help the accused avoid serious consequences, including second-degree or third-degree crime convictions.
To Speak With Professional New Jersey Criminal Defense Attorneys, Call The Law Offices of Zapicchi & Liller
Since New Jersey gun laws impose harsh penalties for unlawful possession, speaking with a legal professional is in your best interests. At The Law Offices of Zapicchi & Liller, our experienced criminal defense attorneys use their legal knowledge and expertise to defend clients charged with weapon offenses and other crimes.
Contact us to schedule a consultation and start speaking with our legal experts.