Warren County Possession of a Weapon for an Unlawful Purpose Lawyer

Weapons Charges Defense Attorneys in Belvidere, New Jersey

Possession of Weapon for unlawful purpose

Under the New Jersey Criminal Code, it is one thing to unlawfully possess a weapon and another to possess a weapon for an unlawful purpose. That is, it is illegal to possess guns, explosives, destructive devices, knives, stun guns and any other weapon, including imitation firearms, with the purpose of employing the weapon for some unlawful use. For example, if a person possesses a handgun without a carry permit and he uses that handgun to threaten another person, he will be charged not only with the unlawful possession of a weapon but also the possession of a weapon for an unlawful purpose, or threatening another person.

The experienced criminal defense attorneys at the Tormey Law Firm have handled weapons cases in Sparta, Newton, Belvidere, Phillipsburg, Vernon, and throughout New Jersey. If you have been charged with possession of a weapon for an unlawful purpose and you are scheduled to appear in Sussex or Warren County Superior Court, contact the knowledgeable weapons defense attorneys at the Tormey Law Firm at 973-755-1695 today. One of our skilled lawyers will be happy to discuss your case and outline your options in a cost-free consultation.

Possession of a Weapon for an Unlawful Purpose Charges in New Jersey:  , N.J.S.A. 2C:39-4

According to the New Jersey Criminal Code, N.J.S.A. 2C:39-4(a)(1), 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. Additionally, under N.J.S.A. 2C:39-4(e), 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. So whether or not a real gun or an imitation gun is used in the commission of another crime or unlawful purpose, it will constitute a separate offense.

Likewise, under N.J.S.A. 2C:39-4(b) and (c) any person who has in his possession or carries any explosive substance or 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; and pursuant to N.J.S.A. 2C:39-4(d) 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.

NJ Penalties for Possession of a Weapon for an Unlawful Purpose

Under the New Jersey sentencing guidelines, setting aside the fines, a second degree charge is punishable by five to ten years in prison and there is a presumption of incarceration even if the defendant has no criminal record; a third degree crime is punishable by three to five years in prison but there is no presumption of incarceration, and a fourth degree crime is punishable by up to eighteen months in prison. And because of the Graves Act, N.J.S.A. 2C:43-6(c), which applies to certain weapons offenses, possession of a firearm for an unlawful purpose also imposes mandatory incarceration and parole ineligibility. The bottom line is that a conviction for the possession of a weapon for an unlawful purpose will have a drastic impact on your life including a potential mandatory prison sentence.

Contact Warren County Weapons Defense Lawyers Today

If you’re facing charges for possession of a weapon for an unlawful purpose in Sussex or Warren County, contact the weapons defense attorneys at the Tormey Law Firm at 973-755-1695 to learn more about what can be done to fight the charges. We provide consultations free of charge.