Possession of a weapon for unlawful purpose is a very serious felony offense in New Jersey, one that could land a Defendant behind bars for up to ten (10) years if convicted. As you will see below, possession of a weapon for unlawful purpose can be either a second, third or fourth degree felony. What will control in determining what degree of a felony a Defendant is charged with is the type of weapon in question. For more information on the breakdown in degrees and the applicable penalties if convicted, see below. Clients facing possession of a weapon for unlawful purpose charges may also find themselves facing unlawful possession of a weapon, aggravated assault, aggravated assault with a deadly weapon, armed robbery or burglary.
If you are facing possession of a weapon for unlawful purpose in Morris County, in towns like Madison, Dover, Denville, Parsippany, Morristown, Roxbury or Hanover you need to speak to an experienced criminal defense attorney immediately. The Law Office of Jonathan F. Marshall has over 200 years of combined experience, including years of prior prosecuting experience as well. Our team of eight criminal defense attorneys on staff makes our office one of the largest criminal defense firms in the State let alone Morris County. If you would like to discuss your options with one of criminal defense lawyers, please contact our Morristown office at 973.309.7050.
Possession of a Weapon for Unlawful Purpose Lawyers in Montville NJ
The governing statute in New Jersey for possession of a weapon for unlawful purpose is N.J.S.A. 2C:39-4.
- With respects to Firearms, it states, in pertinent part:
- Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
- With respects to Explosives, it states in pertinent part:
- Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- With respects to Destructive Devices, it states in pertinent part:
- Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- With respects to “Other Weapons”, it states in pertinent part:
- Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
- With respects to Imitation Firearms. it states in pertinent part:
- 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 is guilty of a crime of the fourth degree.
Penalties for Weapon Attorney in Rockaway NJ
- Second Degree Felony:
- 5 to 10 years a in New Jersey State Prison,
- Fine up to $150,000,
- Felony Criminal Record and
- Potentially Mandatory State Prison & Mandatory Parole Ineligibility Pursuant to Graves Act.
- Third Degree Felony:
- 3 to 5 years in a New Jersey State Prison,
- Fine up to $15,000 and
- Felony Criminal Record.
- Fourth Degree Felony:
- Up to 18 months in New Jersey State Prison,
- Fine up to $10,000 and
- Felony Criminal Record.
Possession of Knife Lawyers in Parsippany NJ
As you can tell from above, a conviction for possession of a weapon for unlawful purpose can not only lead to a felony criminal record and high fines but also a potentially lengthy State prison sentence. If you or a loved one has been charged with a criminal offense like heroin possession, cocaine distribution, possession of marijuana with the intent to distribute or Oxycontin possession, in towns like Morristown, Rockaway, Dover, M0unt Olive, Butler or Pequannock the Law Office of Jonathan F. Marshall can help. If you would like to set up a free consultation please contact our office at 973.309.7050. Our Morris County criminal defense attorneys are available 24/7 to help assist in anyway possible.