Gun Lawyer Piscataway, NJ
The Graves Act in Egg Harbor, NJ
New Jersey continues to be at the forefront of gun violence prevention and they continue to tighten their gun laws. The state, under second amendment rights to keep and bear arms, allows its residents to do so. However, if you are convicted of an offense in Egg Harbor NJ that involves the use of firearms, the state will undoubtedly subject you to serious penalties, as it takes any weapons offenses seriously.
To curb the possession of firearms illegally as well as reduce gun violence in the state, New Jersey introduced the Grave Act which helps to control several weapons offenses by guiding sentencing rules.
What Is the Graves Act?
The Graves Act is a provision in the law that states that anyone who is found guilty of an unlawful possession of firearms and certain crimes should be punished by being sentenced to prison with compulsory jail time.
Specifically, the Graves act demands that before you can be eligible for parole, the court must sentence you to prison for at least one third or one half of your sentence. The court can even sentence you to 42 months in prison, before you become eligible for parole.
When Is the Grave Act Applied?
As stated earlier, for the Grave Act to be applied, the defendant would have to possess a firearm illegally. The other instant where the graves act can come into place is when the defendant commits a violent crime while in possession of a firearm.
Violent Crimes That Could Trigger the Graves Act in Egg Harbor NJ
Certain violent crimes when committed while in possession of a firearm could set off the graves act, resulting in mandatory jail time. These include; murder, possession of firearms for an unlawful purpose, kidnapping, aggravated sexual assault, robbery, manslaughter, aggravated assault, and burglary.
Possession of firearms illegally could also trigger the application of the graves act. Instances when the grave act can be applied include; unlawful possession of a sawed-off shotgun, machine guns, handguns, assault firearms and rifles, possession of defaced arms, certain persons not to have weapons offense and possessing firearms while committing a drug offense. If you have been charged with the illegal possession of a firearm, then you should contact an experienced gun, firearms & weapons attorney in Egg Harbor NJ as soon as possible.
Will The Court Consider If the Firearm Was Unloaded When the Crime Was Committed?
No, the court will not consider if the gun was loaded or unloaded during the crime. If the crime committed, sets off the application of the graves act, it does not matter. This means that one the graves act comes into place, then the matter of whether the firearm was loaded is futile.
Graves Act Waiver
Once the graves act comes into play, then the law requires you to serve mandatory jail time for a certain period. The only way to escape this, is to get a waiver. The graves act waiver is the only way that you can avoid serving time in jail if the court has convicted you of a fitting crime.
Acquiring the graves act waiver is a complicated and extremely burdensome process. The law states that the waiver, can only be obtained from the prosecutor and this is after applying to the presiding judge.
The laws of the State of New Jersey are harsh and complicated. If you have been convicted of a weapons offense, and the Graves Act comes into place, you are going to need a highly skilled attorney to help you fight these charges. Contact a gun, firearms & weapons charges attorney Evan Nappen Law who can provide further guidance with your case and help you fight these charges.