2C:39-4 – Possession of a Weapon for Unlawful Purposes in New Jersey
The prosecution has the burden of proving your intent to possess a weapon for an unlawful purpose.
It’s our job to create doubt in your case regarding your intentions with the weapon in question. The prosecution may not even be able to prove you possessed the weapon in the first place.
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What are the 2C:39-4 Penalties in New Jersey?
Possession of a weapon for an unlawful purpose is governed by New Jersey statute 2C:39-4. Under the statute, an individual who is in possession of a weapon, specifically a firearm, with the purpose to use it for an unlawful purpose against another individual is guilty of a crime of the second degree. Upon conviction, the individual will face between five and ten years in a New Jersey state prison.
Under 2C:39-4 section (a) (2) An individual who possesses, receives or transfers a gun which is deemed a community gun is guilty of a crime of the second degree and upon conviction will be sentenced to a term of imprisonment between five and ten years. In addition, the term of imprisonment will include a period of parole ineligibility which will be one half of the overall sentence and or three years, whichever is longer. Therefore, upon conviction of this statute, an individual can be sentenced up to 10 years with 5 years of that period being a period of parole ineligibility. Meaning the individual will have serve at least five years before they are eligible to be considered for release on parole.
Under section (D) of 2C:39-4, any individual who possess any other weapon for an unlawful purpose, except for a firearm, and they possess that weapon with the intent to use it against another person in an unlawful manner, will be guilty of a crime of the third degree and be subject to a sentence of between three and five years in New Jersey state prison upon conviction. Under this statute, objects which ordinarily have a lawful purpose, can still be considered weapons if they are used in an unlawful manner such a motor vehicles, kitchen knives or tools.
Common Defenses to Possession for Unlawful Purposes
There are many defenses to the charge of possession of a weapon for an unlawful purpose. Some of those defenses include challenging the evidence that the individual was in possession of a weapon at all and or whether they actually possessed that weapon with the intent to use it in an unlawful manner. The actual defenses which are applicable will be specific to the facts and circumstances of each individual case.
Contact A Gun Crimes Defense Attorney Today
If you or someone you know would like to speak with one of our gun possession attorneys call us day or night. Our attorneys will take the time to speak with you and explain all of the possible defenses to possession of a weapon for an unlawful purpose. Additionally, if you retain our law firm to handle your possession of a weapon for an unlawful purpose matter, our attorneys will aggressively defend the charges, raising all possible defenses. We are available 24/7 and offer a free consultation to all individuals. If we can be of any assistance, to you, call us or click on the contact us form on this site.