Gun Charges Defense Attorney in New Jersey

Your Rights Matter—Our Defense Is Your Advantage

If you face gun charges in New Jersey, the team at Roberts & Teeter, LLC helps you protect your future from day one. Our gun charges defense attorneys understand what is at stake. We focus on defending your reputation, record, and freedom. You get personalized support at every stage.

Many clients worry about their families, jobs, and futures when facing firearm accusations. We recognize that one arrest can affect employment, relationships, housing, and travel for years. Our team sits down with you to explain potential risks, answer your questions, and prepare you for every possibility.

Protect your freedom now. Contact a dedicated gun charges defense attorney in New Jersey at (732) 607-5553 or reach out online to schedule your free consultation—we offer affordable services and 24/7 availability.

Understanding New Jersey Gun Laws and Weapon Offenses

Most criminal gun charges in New Jersey fall under a few critical statutes within the New Jersey Code of Criminal Justice (N.J.S.A. Title 2C). The key distinction in many of these cases is whether the defendant had the required state permit or was in possession of a prohibited weapon.

Unlawful Possession of a Weapon

This is the most common gun charge and its severity depends on the type of weapon:

• Handguns: Possession of a handgun without a valid permit is typically a Second Degree crime.
• Assault Firearms & Machine Guns: Possession of these without the highly restricted legal permit is a Second Degree crime.
• Rifles & Shotguns: Possession of a rifle or shotgun without a valid Firearms Purchaser Identification Card (FPIC) is generally a Third Degree crime.
• "Other Weapons": Possessing instruments like switchblades, brass knuckles, or certain knives under circumstances "not manifestly appropriate for lawful uses" is a Fourth Degree crime.

Possession of a Weapon for Unlawful Purpose

This charge occurs when a person possesses any weapon (even if legally owned) with the intention of using it unlawfully against a person or property. This is a severe charge, often a Second Degree crime, and always triggers the Graves Act.

Certain Persons Not to Have Weapons

This statute prohibits individuals who have certain prior criminal convictions, a history of domestic violence, or have been committed to a mental institution from possessing a firearm. This is often a second-degree crime and also subjects the defendant to mandatory minimum sentencing.

As your gun charges defense attorney in New Jersey, we analyze every detail of the stop, search, and seizure to determine if the state can prove every element required for conviction under these harsh statutes.

The Gravity of the Graves Act

The most significant threat in any New Jersey gun case is the application of the Graves Act (N.J.S.A. 2C:43-6(c)). This law removes much of the judge's discretion and imposes mandatory minimum prison sentences with periods of parole ineligibility for most firearm offenses, including simple unlawful possession.

If you are convicted of a Graves Act offense, you face immediate, non-negotiable prison time:

• Second Degree Crimes (Handguns, Assault Weapons): The mandatory minimum period of parole ineligibility is the greater of 42 months (3.5 years) or one-third to one-half of the total sentence imposed. This means you must serve this time before you are even eligible for parole.
• Third Degree Crimes (Rifles/Shotguns): These often carry a mandatory minimum parole ineligibility period of 18 months.

The Graves Act means that simply traveling through the state with a legally owned out-of-state handgun can lead to a minimum prison term of over three years. We understand that fighting the Graves Act is the absolute priority in any defense by a competent New Jersey gun crimes lawyer.

Our Comprehensive Defense Strategy as Your New Jersey Gun Crimes Lawyer

Fighting a Graves Act case demands expertise that transcends typical criminal defense. As your dedicated New Jersey gun crimes lawyer, our firm employs strategic defenses designed to dismantle the prosecution's case.

• Challenging Constitutional Rights (Fourth Amendment): The vast majority of unlawful possession cases begin with an investigatory stop or a vehicle search. We attack the legality of the police conduct, seeking suppression of the seized evidence:
• Lack of Probable Cause: We argue that the police lacked the necessary legal grounds to stop your vehicle or search your person.
• Unlawful Search or Seizure: If the gun was found during a search without a warrant, we demand proof that consent was voluntary, or that a valid exception to the warrant requirement existed. If we can prove the police violated your Fourth Amendment rights, the gun evidence is thrown out, leading to a likely dismissal of the gun charges defense attorney in New Jersey case.
• Attacking the Knowledge Element: For individuals who borrow a car, live with roommates, or are unaware of a weapon's presence, we argue that the prosecution cannot prove the client had the requisite knowledge of the weapon or the intent to control it. This is particularly effective in constructive possession cases where the evidence is purely circumstantial.
• Securing Mitigation through the Waiver Process: When the evidence is strong, we shift focus entirely to the Graves Act Waiver. We highlight mitigating factors such as:
  • An isolated and aberrational incident.
  • Minimal or no exposure of the firearm to the public.
  • Confusion arising from legally possessing a weapon in another state.

We fight for a waiver that results in a reduced mandatory minimum (down to one year) or, ideally, admission into the Pre-Trial Intervention (PTI) program, which results in the eventual dismissal of the charges and no criminal record.

Personalized Guidance from Your Dedicated Defense Team

When you choose Roberts & Teeter, LLC, you partner directly with attorneys Michael Brett Roberts and Matthew Teeter. Every client receives attention from a gun charges defense lawyer in New Jersey with years spent in criminal courts statewide. 

Unlike at larger firms, we never pass your case off to paralegals or junior staff. Our client-focused approach means you always speak with the lawyers representing you. We communicate updates and explain your options, so you never feel overlooked or left in the dark.

We handle only criminal law cases, giving us a close view of current statutes, emerging court decisions, and changing local practices around firearms charges. Because New Jersey updates regulations and procedures frequently, staying informed matters—a small change in the law can impact available options.

Don't risk mandatory prison time under the Graves Act. Call our New Jersey gun crimes lawyer immediately—Dial (732) 607-5553 or reach out online to schedule a free consultation 24/7.