Passaic County and Morris County NJ Possession of a Weapon for an Unlawful Purpose Defense Attorney

Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Wayne, Paterson, Woodland Park, Totowa, Denville, Morristown, Parsippany, and Roxbury, who have been charged with weapons offenses such as possession of a weapon for an unlawful purpose, unlawful possession of a weapon, certain persons offenses, and possession of prohibited weapons and devices.

Ms. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former Assistant County Prosecutor and Special Deputy Attorney General, who handled a host of matters involving weapons, such as homicide, armed robbery, and possession of handguns during the course of her distinguished career.

Being charged with possession of a weapon for an unlawful purpose means potential exposure to a lengthy term of imprisonment in New Jersey State Prison, a large portion of which must be served without the benefit of parole. It also means a host of collateral consequences, such as a permanent restriction on your right to bear arms. Having a skilled, experienced defense attorney fighting on your behalf can make all the difference. Contact Ms. Hascup anytime at 862-257-1200 for an initial consultation, which is always provided free of charge.

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

Possession of a Weapon for an Unlawful Purpose is codified under N.J.S.A. 2C:39-4, which provides:

a. Firearms.

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.

2. 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.

b. Explosives. 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.

c. 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.

d. Other weapons. 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.

e. Imitation firearms. 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.

Possession of a Weapon for an Unlawful Purpose Sentencing Guidelines

Subsection (a) of the statute is subject to sentencing under the Graves Act, meaning that an individual convicted of such an offense must be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.

A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.

A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.

A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.

Contact a Totowa NJ Possession of a Weapon for an Unlawful Purpose Defense Lawyer Today

The consequences of a conviction for Possession of a Weapon for an Unlawful Purpose can be severe. Alissa D. Hascup has the experience and the know how to help. If you find yourself in a situation where you or a loved one have been charged with a weapons offense, contact Ms. Hascup immediately to set up your free consultation.