Illegal Possession of Assault Weapon Results in Probationary Sentence and No Jail Time

Essex County NJ Assault Weapons Charge Lawyers

NJ Firearms Attorneys with offices in Newark, NJ

Assault Weapons Charges in NJ
Assault Weapons Charges in NJ

Need a lawyer for an assault weapons charge in Essex County? Call us now.

The Essex County weapons defense lawyers at the Tormey Law Firm recently kept another client out of prison. Our client was charged with the unlawful possession of an assault rifle, which carries a presumption of mandatory incarceration without parole eligibility, pursuant to New Jersey’s sentencing guidelines set forth in the criminal code and the Graves Act. According to N.J.S.A. 2C:39-5(f) any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.A. 2C:58-5, registered pursuant to N.J.S.A. 2C:58-12, or rendered inoperable pursuant to N.J.S.A. 2C:58-13. Fortunately, after taking on our client’s case, we succeeded in working with the Essex County Assistant Prosecutor to obtain a Graves Act waiver and our client ended up with a sentence of two years of non-custodial probation.

N.J.S.A. 2C:39-1(w) defines “assault firearm” as any of the following firearms: Algimec AGM1 type, any shotgun with a revolving cylinder such as the “Street Sweeper” or “Striker 12,” Armalite AR-180 type, Australian Automatic Arms SAR, Avtomat Kalashnikov type semi-automatic firearms, Beretta AR-70 and BM59 semi-automatic firearms, Bushmaster Assault Rifle, Calico M-900 Assault carbine and M-900, CETME G3, Chartered Industries of Singapore SR-88 type, Colt AR-15 and CAR-15 series, Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types, Demro TAC-1 carbine type, Encom MP-9 and MP-45 carbine types, FAMAS MAS223 types, FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms, Franchi SPAS 12 and LAW 12 shotguns, G3SA type, Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1, Intratec TEC 9 and 22 semi-automatic firearms, M1 carbine type, M14S type, MAC 10, MAC 11, MAC 11-9mm carbine type firearms, PJK M-68 carbine type, Plainfield Machine Company Carbine, Ruger K-Mini-14/5F and Mini-14/5RF, SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types, SKS with detachable magazine type, Spectre Auto carbine type, Springfield Armory BM59 and SAR-48 type, Sterling MK-6, MK-7 and SAR types, Steyr A.U.G. semi-automatic firearms, USAS 12 semi-automatic type shotgun, Uzi type semi-automatic firearms, Valmet M62, M71S, M76, or M78 type semi-automatic firearms, Weaver Arm Nighthawk.

Additionally, assault firearms include any firearm manufactured under any designation which is substantially identical to any of the firearms listed above, a semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock, a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds, and a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

Assault Rifle Charges in Newark NJ? Contact Us Now

The bottom line when it comes to possession of an assault firearm in New Jersey is that the offense is punishable by five to ten years in prison, and the Graves Act requires a mandatory term of imprisonment, without parole eligibility, unless the Assignment Judge issues a Graves Act waiver. In our client’s case, we were able to obtain a Graves Act waiver, keeping our client out of prison. If you are facing weapons charges in New Jersey, don’t hesitate to contact the experienced weapons defense lawyers at the Tormey Law Firm.

Newark NJ Police Investigate Fatal Shootings on City Streets
Newark NJ Police Capture Two Burglary Suspects
Client Reviews
testimonials reviews
  • "Travis Tormey is the only lawyer I seek out to handle my legal affairs. Over the last four years, I have used Mr. Tormey’s services on numerous occasions to my great benefit. He promptly returns my messages, takes the time..."

  • "Travis Tormey is a superb attorney. He is skilled and knowledgeable. He handled my case with respect, kindness and quiet assurance. I would trust him with all future legal needs. He has many contacts in the legal profession..."

  • "Mr. Tormey is a consummate professional. Our case was sensitive and complicated and unusually lengthy for a juvenile case. For 8 months Mr. Tormey faithfully worked our case and never failed to show for court once. Punctual, disciplined..."

  • "Travis Tormey is an outstanding attorney. He helped me tremendously, more so than I ever could have imagined. He handled all aspects of my case with compassion, respect, and immense competence. He is a skilled and knowledge..."

  • "I was extremely nervous and anticipating the worst situation possible for my cases. Travis was a very reliable lawyer and everyone at his firm was extremely helpful. Travis went above and beyond inside and outside of the court room for me! ..."

Our Offices

Hackensack Law Office

254 State Street Hackensack, NJ 07601

Get Directions Hackensack Law Office

Newark Law Office

1 Gateway Center, Suite 2600 Newark, NJ 07102

Get Directions Newark Law Office