New Jersey gun crime attorney Adam M. Lustberg (https://www.lustberglaw.com/blog/what-are-the-penalties-for-illegal-firearm-possession-in-new-jersey/) of Lustberg Law Offices, LLC provides detailed insight into the serious legal consequences of illegal firearm possession in New Jersey. With a reputation built on courtroom diligence and trial advocacy, Adam M. Lustberg outlines the layered structure of charges and potential penalties individuals may face under the state’s strict firearms laws.
Illegal firearm possession in New Jersey is treated as a grave offense, and those charged can face severe repercussions including prison time and large fines. According to New Jersey gun crime attorney Adam M. Lustberg, even a single conviction can lead to at least five years in prison. These penalties are often intensified under statutes such as the Graves Act, which mandates minimum prison sentences for certain weapons offenses.
Understanding the different classifications of firearm possession charges is critical. As a New Jersey gun crime attorney, Adam M. Lustberg explains that unlawful possession may range from lacking a carry permit to being found with a banned weapon or being legally prohibited from owning any firearm. In all these scenarios, the consequences can include felony charges, mandatory incarceration, and lifelong barriers to employment and housing opportunities.
New Jersey organizes firearm-related offenses into degrees of seriousness. First-degree charges, typically applied to trafficking operations, can carry 10 to 20 years of imprisonment and fines of up to $200,000. Second-degree offenses, which include carrying a handgun without a permit or possessing an assault firearm, come with a mandatory 5 to 10 year prison sentence and fines up to $150,000. These offenses also fall under the Graves Act, which requires a mandatory minimum term of 42 months before parole eligibility—unless a rare judicial waiver is granted.
"Even a plea to a lesser fourth-degree offense can leave you with a felony record that blocks jobs, housing, and firearm ownership," notes Adam M. Lustberg. This sobering statement underscores the long-term implications of a conviction, even for relatively minor offenses such as possession of an imitation firearm or large-capacity magazine.
As a New Jersey gun crime attorney, Adam M. Lustberg emphasizes that charges can escalate based on the weapon involved and the circumstances of the arrest. For instance, carrying a handgun without a permit is a second-degree offense, but possessing a sawed-off shotgun without proper authorization can also lead to third-degree charges. Even fourth-degree offenses, such as having a defaced firearm, can result in an 18-month prison sentence and a $10,000 fine.
Adam M. Lustberg also discusses the broad definition of what constitutes a weapon in New Jersey. The list is extensive and includes items ranging from traditional firearms to stun guns, brass knuckles, and even fists—when used or intended to inflict serious bodily harm. This classification can affect the severity of charges and the type of legal defense needed.
For individuals facing charges under the Graves Act, the stakes are even higher. The Act requires judges to impose mandatory prison terms without the possibility of early release unless specific waivers are granted. Offenses include unlawful possession of handguns, rifles, or shotguns, as well as having a firearm during a drug transaction or while committing a bias offense.
In cases where a firearm is possessed during the commission of another crime—such as a controlled dangerous substance (CDS) offense—the law dictates that prison time must be served consecutively with any other sentence. Adam M. Lustberg explains that the law is unforgiving in such circumstances, and early legal intervention is essential to developing a strong defense strategy.
Adam M. Lustberg, a practicing New Jersey gun crime attorney since 2004, has built his practice on helping clients navigate these exact types of high-stakes legal situations. His background includes work with the Essex County Public Defender’s Office and over 14 years of courtroom experience. He has represented clients in both Municipal and Superior Courts throughout New Jersey, often achieving favorable outcomes even in complex gun crime cases.
People charged with illegal possession of firearms often face overwhelming legal challenges, but Adam M. Lustberg believes early legal action can make a difference. With the possibility of negotiating with prosecutors, questioning search procedures, or advocating for alternative sentencing, individuals may still have viable paths toward protecting their freedom.
For those confronting illegal firearm possession charges in New Jersey, taking swift action can help protect their rights and future. Contacting a qualified attorney like Adam M. Lustberg may provide critical support and guidance through each phase of the legal process.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC represents individuals throughout New Jersey in criminal defense matters, with a strong focus on gun crime cases. Led by Adam M. Lustberg, the firm brings over a decade of experience in helping clients address serious legal charges through detailed case preparation and dedicated courtroom representation.
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Email: alustberg@lustberglaw.com
Website: https://www.lustberglaw.com/
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Company Name: Lustberg Law Offices, LLC
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Phone: (201) 880-5311
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State: New Jersey 07601
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Website: https://www.lustberglaw.com/
