What Are the Defenses for a Weapons Charge in New Jersey?

When you are charged with possession of a weapon, you could face serious consequences including hefty fines, a lengthy term of imprisonment, and more. However, it is important to be aware of the potential defenses that can be used to challenge your charges or reduce the severity of the penalties you are subject to. To learn more about the possible defenses for a weapons charge in New Jersey, continue reading below. Secure the skilled representation and legal advice of a Bergen County gun crime defense lawyer today.

What is a Weapons Charge?

A “weapons charge,” as it is referred to here, is a criminal offense involving the illegal ownership, possession, or use of a weapon. In New Jersey, weapons charges generally involve handguns, shotguns, assault rifles, knives, razors, box cutters, or any other dangerous instrument.

When used illegally or improperly, these items can cause significant damage and result in injuries or death. Because of the potential for harm and fatalities, these weapons are closely regulated under New Jersey state law.

What Are the Defenses for a Weapons Charge in NJ?

If you are facing criminal charges for illegal possession or use of a weapon in New Jersey, it is crucial that you understand your legal rights and defensive options. Depending on the details of your circumstances, you may be able to implement one or more of the following defensive strategies during your case.

• Unlawful search and seizure: One of the most effective arguments in a criminal case involving illegal possession or use of weapons is a violation of the Fourth Amendment. The U.S. Constitution grants individuals the right to avoid unreasonable searches and seizures of property without a warrant or probable cause. If the arresting officer violated your rights during their search, then any evidence obtained could be deemed inadmissible in court. This can severely damage the prosecution’s argument or even result in the case being dismissed.
• Self-defense: If you were acting in defense of yourself or another person, it could be a valid argument during your weapons-related charges. If you can prove that your use of the weapon was justified because you were in imminent danger, you may be able to use self-defense as a valid defensive strategy.
• Lack of intent: An important part of a weapons-related charge is the defendant’s intention to use the weapon. Maybe you did not know you were in possession of the item or you genuinely did not intend to use it in the way that you did. While it can be difficult to prove, it can present an effective defense.

The defense you use should be tailored to your specific case. Because of the possible consequences associated with this type of crime, it is crucial that you obtain help from an experienced defense attorney. Work with a skilled lawyer at the Law Office of Kevin T. Conway to learn more about your rights and defensive options.