A criminal offense that is extremely serious and frequently encountered by our team is weapon possession. The weapons we are referring to not only include the classic handgun, shotgun, assault rifle or knife, but also such things as a bat, bottle, hammer, or pipe. Whenever charges involve allegations of a “weapon”, the potential for jail and other penalty exposure can be great.  It is therefore very important to enlist an experienced weapons attorney on your behalf.

Weapon Offense in Hudson County New Jersey

The New Jersey Criminal Code outlines many weapon offenses. Some of these violations occur more frequently than others. The more common weapon charges dealt with at the Hudson County Superior Court are:

• 2C:39-3. Prohibited Weapons and Devices, including a sawed off shotgun, silencer, defaced firearm, body armor, hollow tip bullets, stun guns, handcuffs, and large capacity magazines.
• 2C:39-4. Possession of a Weapon for Unlawful Purposes
• 2C:39-5. Unlawful Possession of a Weapon, including Possession of a Handgun without a Permit 
• 2C:39-7.  Certain Persons Not to Have a Weapon or Firearm
• 2C:39-4.1 Possession of a Firearm or Other Weapon during the Course of a CDS Offense

Whether you were arrested following motor vehicle stop where a handgun was discovered, as a result of a search warrant at your apartment/house or because you were allegedly involved in criminal activity (e.g. distributing CDS, aggravated assault, etc.), the consequences of a conviction are extreme. The gun laws in New Jersey are some of the strictest in the country with the potential for state prison in many cases. A complaint or indictment that accuses you of illegal possession handgun or other weapon is therefore something that requires the services of a skilled attorney. 

Hudson County Handgun Defense Attorney

The lawyers at The Law Offices of Jonathan F. Marshall are well versed in all of these weapon offenses.  They are also knowledgeable in all applicable sentencing guidelines including the No Early Release Act (NERA) and the GRAVES ACT ,and other Parole Ineligibility provisions provided under NJ law. If you were charged as a certain persons, for possession of a weapon for unlawful purpose, possession of a prohibited weapon, or possession of a handgun without a permit, you need an experienced attorney to fight for your rights. Attorneys on our staff are available to help you in this capacity 24/7,

Aggravated Assault for Pointing a Firearm at a Police Officer

Whether the weapon is loaded, unloaded, an imitation firearm or even a laser, pointing it at a police officer results in an aggravated assault offense.  

Aggravated Assault for Brandishing, Pointing or Using a Firearm Against a Police Officer

It is a crime of the third degree to: (1) knowingly; (2) point, display, aim, waive, or use; (3)a firearm; (4) at or on a law enforcement officer; AND (5) it is done in a manner that illustrates an extreme indifference to the value of human life. Merely pointing or displaying a gun towards a police officer is grounds for conviction under N.J.S.A. 2C: 12-1(b)(9), third degree aggravated assault.  This aggravated assault carries a punishment of up to five years in prison.

Individuals charged with this crime need not intend to use the weapon, nor is it a defense that the firearm was not loaded.  Typically, New Jersey’s assault provisions are construed to protect individuals from feeling threatened or scared.  A number of the assault provisions criminalize behavior that merely presents the appearance or possibility of harm.  This victim centric approach is even more protective of police officers in the line of duty.  Persons that give law enforcement officers the impression that risk of harm exists can often be charged with, and later convicted of, aggravated assault.

Aggravated Assault for Pointing or Displaying an Imitation Firearm at a Police Officer

This subsection, unlike the preceding provision, requires that the individual intend to threaten or scare the officer when he points or displays the gun.  Accordingly, the prosecution must prove beyond a reasonable doubt that the defendant desires to intimidate or threaten the officer.  The court will determine whether this element is satisfied based on the circumstances surrounding the incident, and will consider any associated verbal threats or conversations, the individuals body language, and whether the gun was displayed to facilitate an escape or flight.

This statute merely requires that the individual display or point an imitation or fake firearm or gun.  The New Jersey Legislature defines an “imitation firearm” as an object or device reasonably capable of being mistaken as a firearm.  Accordingly, pellet guns, bb guns, airsoft guns, or even plastic toy guns in some cases pose sufficient potential for mistaken identity to qualify as “imitation firearms” under this provision.

Persons convicted under this section, N.J.S.A. 2C:12-1(b)(10), are guilty of a third degree crime with a possible punishment up to five years in prison and $15,000 in fines.

Using or Activating a Laser Sight Against A Police Officer

It is a third degree offense if convicted under N.J.S.A. 2C:12-1(b)(11) for using a laser aiming device on a police officer.  A person violates this section if they: (1)use or activate (2)a laser sighting system or device (3) in a manner that would cause a reasonable person to believe that it is a device for aiming weapons.  Under this section, a “laser sighting system or device” is any system or device that is integrated with or affixed to a firearm and sends out a laser beam that assists in aligning or aiming the weapon.

Given the definition of a “laser sighting system or device” it is more difficult to meet the requirements of this section than it first appears.  The sighting system must be attached to a weapon to satisfy the statute.  A separate laser pointing device, one that is independent of any gun or firearm does not meet the statutory definition.  If, however, a person glances a laser sight towards officers when it is affixed to a firearm, the person commits third degree aggravated assault regardless of any intentions or desires they may have carried.