Gun Charges Attorney in New Brunswick

Facing Gun Crime Allegations in New Brunswick? Get Support from Trusted Defense Attorneys

Gun charges in New Jersey can result in life-changing penalties. If you, a family member, or someone you care about is facing a firearm accusation in New Brunswick, working with a seasoned gun charges defense attorney makes a difference. 

At Roberts & Teeter, LLC, our team develops a legal strategy tailored specifically to your situation, ensuring you receive the dedicated attention only an established gun charges defense lawyer in New Brunswick can provide. Our attorneys protect your rights and help you understand how New Jersey firearm laws may affect your options at every stage of your case.

Fight for your freedom and your rights against mandatory sentencing. Call (732) 607-5553 or reach out online for a free consultation. Roberts & Teeter, LLC is your dedicated gun charges defense attorney in New Brunswick.

The Graves Act: Mandatory Minimum Sentencing

The Graves Act (N.J.S.A. 2C:43-6) applies to nearly all firearm offenses, fundamentally altering the sentencing landscape in New Jersey by removing judicial discretion.

New Jersey is known for its tough gun laws. If you are charged in New Brunswick, your case may involve issues like illegal firearm possession, transporting weapons, or accusations of using a weapon during another alleged crime. 

Key Graves Act Offenses

Most common gun crimes that trigger the mandatory minimum include:

• Unlawful Possession of a Handgun: Possessing a handgun without a valid New Jersey Permit to Carry is typically a Second-Degree Crime, punishable by 5 to 10 years in prison.
• Unlawful Possession of a Rifle or Shotgun: Possession without a valid Firearms Purchaser Identification Card is generally a Third-Degree Crime, punishable by 3 to 5 years in prison.
• Possession for an Unlawful Purpose: Possessing any weapon with the intent to use it unlawfully against another person or property (a Second-Degree Crime).
• Certain Persons Not to Have Weapons: Possessing a firearm if legally prohibited due to a prior felony or domestic violence conviction (a Second-Degree Crime).

The Harsh Mandate

A conviction for a Graves Act offense requires the judge to impose a minimum term of parole ineligibility—a mandatory period that must be served entirely before you can even be considered for release. For most Second-Degree gun crimes, this term is fixed at 42 months (3.5 years) or one-third to one-half of the imposed sentence, whichever is greater.

Collateral and Career Consequences

A New Jersey felony conviction for a gun crime results in devastating, lifelong consequences:

• Permanent Loss of Firearm Rights: Conviction for any crime under N.J.S.A. 2C:39 results in a lifetime federal and state ban on possessing firearms.
• Loss of Employment: A felony conviction is a permanent bar to many careers, including law enforcement, security, and jobs requiring government clearance.
• Immigration Status: A conviction for a Second-Degree gun crime is generally classified as an Aggravated Felony under federal law, leading to mandatory detention and deportation for non-citizens.

Our Strategy: Avoiding the Mandatory Prison Sentence

In a Graves Act case, the defense's focus is on either defeating the charge entirely or securing a Graves Act Waiver to avoid the mandatory minimum.

Challenging Constitutional Violations (Fourth Amendment)

The strongest defense often involves attacking the legality of how the weapon was found. We meticulously investigate the circumstances of the arrest and search to determine if your rights were violated:

• Illegal Stop: Did the police officer lack reasonable suspicion for the traffic stop that led to the discovery of the gun?
• Illegal Search: Was the weapon seized through an unlawful search of your vehicle, home, or person without probable cause or a valid warrant?

If we can prove a Fourth Amendment violation, the weapon—the core evidence—can be suppressed (excluded), often leading to the dismissal of the entire case.

Seeking a Graves Act Waiver

If the evidence of unlawful possession is strong, the only way to avoid the mandatory prison term is to obtain a Graves Act Waiver from the Middlesex County Prosecutor's Office. This is an extremely difficult, discretionary motion that requires the prosecutor to agree that the mandatory minimum sentence "does not serve the interests of justice."

• Out-of-State Defense: We specialize in presenting mitigation for out-of-state residents who innocently brought a firearm into New Jersey, proving a lack of criminal intent.
• Negotiating the Plea: A successful waiver allows the judge to sentence you below the mandatory minimum, sometimes permitting you to enter the Pretrial Intervention (PTI) program (for first-time offenders) or receive a probationary sentence instead of incarceration.

Challenging the Element of Possession

We challenge the State's ability to prove possession and knowledge. If the firearm was found in a shared space, such as a large vehicle or a common area of a home, we argue that the State cannot prove the defendant had knowing control over the weapon.

Why Choose Our Gun Charges Defense Lawyers in New Brunswick

When facing gun crime charges, selecting an experienced gun charges defense lawyer in New Brunswick is critical. We earn client trust by providing the clarity, attention, and communication you expect from a boutique criminal defense firm dedicated to serving individuals in the area.

• Direct attorney involvement: Michael Brett Roberts and Matthew Teeter personally guide your defense. We never hand your case off to junior staff or paralegals.
• Exclusive focus on criminal law: Our practice centers only on criminal defense. This commitment means we stay updated on key changes and use strategies that match New Jersey firearm and weapons cases.
• Collaborative defense strategies: When appropriate, we partner with respected professionals, such as private investigators or psychological consultants, to build a thorough and documented approach.
• Accessible, clear communication: From your first free consultation through every step of the process, we listen closely to your concerns and answer questions, returning your calls promptly so you are never in the dark about your case.
• Personalized case preparation: We develop a legal strategy that reflects your facts and future, relying on many years of direct experience with Middlesex County and New Jersey criminal courts.

We build relationships through open discussion and honesty, encouraging clients to share specifics that can impact their defense. Details often change a case’s direction, and we treat every matter as unique. 

Our lawyers remain a steady source of guidance, giving clients reliable information about Middlesex County court practices so that you understand local processes and what to expect in gun crime cases.

Gun charges can destabilize daily life and cause anxiety about your job, reputation, or family responsibilities. From the outset, we address these concerns and keep the communication lines open, so you always have a trusted advisor throughout your legal challenge.

Local Difference for Gun Charges in New Brunswick

Courtrooms in New Brunswick and throughout Middlesex County operate under detailed procedures, and local judges and prosecutors pay close attention to firearm cases. Key hearings can take place soon after arrest, which can catch defendants by surprise. 

Choosing an experienced gun charges defense lawyer in New Brunswick ensures that you understand these deadlines and court expectations, and that you are prepared for every phase, from bail hearings to possible pretrial alternatives.

Police in New Brunswick coordinate closely with Middlesex County authorities to move quickly on gun charges, often resulting in fast-tracked cases. We take extra care to examine every aspect of the process, reviewing law enforcement actions and how evidence was collected.

Take the Next Step & Protect Your Rights Today

If you are facing allegations or charges related to firearms in New Brunswick, you do not need to handle the legal process on your own. Contact Roberts & Teeter, LLC for a confidential, free consultation. 

When you call, you connect directly with an experienced gun charges defense attorney who answers your questions, reviews your options, and provides honest advice about your case from the very beginning.

Let us help you find the best path forward—call (732) 607-5553 or reach out online today to get started.