Camden NJ Unlawful Purpose Defense Lawyer
Possession of a weapon for an unlawful purpose is a serious weapon offense in Camden County and elsewhere in New Jersey. It is a crime to possess an object that can serve as a weapon “with a purpose to use it unlawfully against the person or property of another”. The severity of the penalties for this charge hinge primarily on the type of weapon involved with firearms carry the worst potential consequences. If you were arrested in Cherry Hill, Gloucester Township, Winslow, Lindenwold or another town for allegedly violating N.J.S.A. 2C:39-4, the lawyers at Marshall, Bonus, Proetta & Oliver are equipped to effectively defend you. Our staff of former prosecutors and skilled attorneys have over 100 years of combined experience. A lawyer with the knowledge and ability to capably handle your case is available immediately by calling our Cherry Hill Office at 856-662-8300. Initial consultations are free of charge.
Charged With Possession of a Weapon for Unlawful Purpose
The starting point for any violation of 2C:39-4 is the possession of a “weapon”. The term weapon is defined by the Criminal Code as any object or device that is capable of being used to inflict “serious bodily injury”. A serious bodily injury is a condition which creates “a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” If something has the ability to be swung, plunged, fired, sprayed or utilized in any fashion so as to cause this level of injury, then it qualifies as a “weapon” under this law. The second requirement to proving this offense is the establishment of an unlawful intent. Possession alone of a weapon is not a violation of 2C:39-4; the accused must intend to use the object against person or property unlawfully (i.e. in a way that would constitute a criminal offense). Possession of a weapon for purposes of sport, work or other lawful Accordingly, if it is an individual’s purpose to possess the item for sport, work or another reason which is lawful therefore will not give rise to a violation.
Grading of this Offense. Grading of this offense is dependent on the type of weapons that is being possessed contrary to this law. Possession of a firearm for an unlawful purpose is a second degree offense. Explosives and other destructive devices also fall within the second degree grading. Possession of a weapon that is not a firearm or imitation firearm is a third degree crime. Possession of an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed with an unlawful purpose is a crime of the fourth degree.
Penalties If Convicted of Possessing A Weapon For An Unlawful Purpose. A second degree unlawful purposes offense carries the possibility of incarceration for 5 and 10 years, as well as fines of up to $150,000. Third degree possession of a weapon for unlawful purpose results in jail exposure of 0-5 years, as well as fines of up to $15,000. A fourth degree conviction triggers a potential prison term of 18 months, along with a fine that can reach $10,000.
Cherry Hill Possession of a Weapon for Unlawful Purpose Attorneys
At Marshall, Bonus, Proetta & Oliver, our attorneys have over a century of experience defending weapon violations, including those involving allegations of unlawful purpose. We have the tools to help you avoid a conviction at the Camden County Superior Court whether the offense was filed in Pennsauken, Lawnside, Waterford, Voorhees or elsewhere in the region. To speak to an attorney on our staff immediately, call 856-662-8300.