Weapon Possession Charges in the Essex Juvenile Division
Was you child arrested for possessing a gun or other weapon in Essex County. If this is the case, the charge shall be heard at the Essex County Juvenile Division, Newark NJ, and there frequently is county detention, if not state detention at Jamesburg/Johnstone, when a serious weapon offense (e.g. handgun possession) is involved. Your child definitely stands the best opportunity for avoiding life altering consequences if he/she is represented by an attorney who is highly experienced in the defense of juvenile weapon charges. That is precisely what the Newark Criminal Attorneys at our firm can offer you, including the former prosecutors, even those formerly with the Essex County Prosecutors Office. Call us at 973-710-1520 for a no obligation appointment anytime 24/7.
Basics of NJ Juvenile Weapon Offenses
While our attorneys can certainly provide your with in depth guidance concerning a particular juvenile weapon charge, it is our intention to provide you with a working knowledge concerning the more frequently encountered varieties of this type of violation. The following is what you should know:
Illegal Weapon. An illegal weapon is one that is prohibited from possession or use under any circumstance under NJ Law. The type of weapons falling within this category include, but are not limited to, brass knuckles, explosives, assault firearms, large capacity magazines, body armor, switchblades, and slingshots. Most of the time, an illegal weapon charge involves a fourth degree crime.
Unlawful Purpose. A common juvenile weapon violation is possession of a weapon for unlawful purpose. This charge arises where an individual possesses some object that is capable of causing injury with the intention of using it for some illegal act. Typically, this is a third degree crime although the grade can escalate where a firearm/handgun is involved.
Illegal/Unlicensed Handgun. If someone possesses a handgun without a permit or license, a violation under N.J.S.A. 2C:39-5 arises. This is an extremely serious matter as it not gives rise to a second degree crime but also triggers the Graves Act. A conviction can result in significant detention.
Possession Of A Firearm Without A Permit. Whenever a firearm, whether its a handgun, rifle, or shotgun, is possessed without a permit/license, it results in a criminal violation. The offense is usually a third degree crime if the weapon involves a shotgun or rifle.
BB, Pellet, & Airsoft Guns. What parents often fail to realize is that a bb gun, pellet gun or even an airsoft gun, is considered a firearm, in most cases, under NJ Law. As a result, if a child possesses or, worse yet, uses it illegally, he/she is looking at potentially significant consequences.
Graves Act & Juvenile Firearm Violations
The Graves Act imposes mandatory periods of parole ineligibility in certain juvenile gun cases. While there are exceptions, for example, where a bb gun or related “toy” type weapon is involved, the mandatory minimum jail terms set forth in the Graves Act apply to all illegal handgun convictions and some involving shotguns/rifles.
Newark NJ Juvenile Weapon Defense Attorneys
Even in juvenile courts that have a higher exposure to weapon cases like the one in Newark, prosecutors tend to take a hard line. This is particularly true in the case of handguns as the law is extremely potent in terms of penalties in the event of conviction. This is a primary reason why selection of the right attorney to defend your child is so important. Call our former prosecutors and skilled juvenile weapons attorneys for the care and attention you need.