Possessing a weapon with the intent to use it in an unlawful manner can result in up to ten years in prison. As stated in New Jersey State law 2C:39-4, the offense is defined as “Any person who has in his possession any weapon with a purpose to use it unlawfully against the person or property….” The prison sentence varies based on the type of weapon involved. The laws cover a wide range of weapons, from firearms and explosives to imitation firearms. New Jersey law states, in reference to fake guns, “Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.”
Penalties for Possession of Weapons for Unlawful Purposes
The penalties vary based on the type of weapon involved. Below are the specific penalties associated with each weapon:
- Firearms: second degree (five-to-ten-year prison sentence)
- Explosives: second degree (five-to-ten-year prison sentence)
- Destructive devices: second degree (five-to-ten-year prison sentence)
- Other weapons: third degree (three-to-five-year prison sentence)
- Imitation firearms: fourth degree (up to an eighteen-month prison sentence)
Defense against Possession of Weapons for Unlawful Purposes
If faced with these charges, then you want a professional attorney who has experience creating a defense against this crime. Fred Sisto can help build your defense by using some of the tactics below, along with many others:
- Creating reasonable doubt regarding whether the weapon was going to be used for unlawful purposes
- Proving the gun was not in the possession of the defendant
- Assessing whether the police gathered evidence in a lawful manner
Call Fred Sisto today at 732-898-3232 for a free consultation to discuss your case and how to avoid a prison sentence.
