“Graves Act” Offenses: N.J.S.A. 2C:43-6

Practice Areas
Menu
Legal News

Graves Act Offenses in New Jersey

Essex County Gun Possession Attorney

NJ Graves Act LawyerThe Graves Act is a New Jersey statute that requires judges to follow strict sentencing guidelines in gun cases. The statute is harsh and unforgiving. Even a first-time offender with no prior criminal record may be subject to mandatory prison time and a lengthy period of parole ineligibility. Additionally, NJ gun charges carry a presumption of incarceration; you will almost certainly be going to prison if you are convicted under the Graves Act. Beyond that, the Graves Act limits prosecutorial discretion. The law is not on your side in New Jersey gun cases, but an experienced attorney can help you fight your charges.

The attorneys at the Tormey Law Firm represent clients accused of weapons offenses and gun crimes in Cedar Grove, Newark, and everywhere else in Essex County, NJ. The firm’s founding partner, Travis J. Tormey, previously worked for two of the largest law firms in the State of New Jersey and successfully defended countless clients against gun charges. Additionally, our litigation team includes a former county and municipal prosecutor who previously prosecuted gun cases in New Jersey; now she defends clients, like you, against these same charges.

Call Us Today

The Tormey Law Firm is uniquely positioned to assist you with your gun case because we have experience on both sides of the aisle and know how to anticipate prosecution strategies. Call us now at 201-654-3464 to discuss your gun charges.

The Graves Act: N.J.S.A. 2C:43-6

As set forth by N.J.S.A. 2C:43-6, anyone convicted of an offense enumerated in the Graves Act is subject to a mandatory minimum term of incarceration in New Jersey State Prison. This means that if you are convicted of a gun crime in New Jersey, you will be sentenced to at least three years behind bars. Moreover, you will be ineligible for parole during this time.

If you are convicted of one of the following offenses, you will be subject to enhanced penalties and sentencing guidelines:

The Graves Act also applies when a person is caught in possession of a firearm during certain criminal offenses, including:

Graves Act Waivers in Essex County, NJ

Although prosecutors do have limited discretion when recommending sentences in gun cases, the Graves Act creates severe hurdles for any defendant looking to make a plea deal. Your attorney will have to apply for a Graves Act Waiver and get it signed by both the presiding judge and the prosecutor in the case. The prosecutor will typically need to be shown that mitigating circumstances exist in your case.

Free Consultation with a Verona Graves Act Offense Lawyer

The right lawyer can make all the difference in a New Jersey gun case. Call the Tormey Law Firm today at 201-654-3464 to discuss your case and learn more about Graves Act implications, or email us to schedule a meeting at our Newark office.

What our clients say about us

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

Request a Free Consultation

Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.


Hackensack Law Office

254 State Street

Hackensack, NJ 07601

Get Directions

Newark Law Office

1 Gateway Center, Suite 2600

Newark, NJ 07102

Get Directions