Possession Of Assault Rifles
In New Jersey, possession of an assault rifle without a valid license and or the proper authorization to possess an assault rifle can be a very serious offense which can carry very serious penalties. Under the statute, the unlawful possession of an assault rifle is a crime of the second degree. This means that upon conviction an individual will face between five and ten years in a New Jersey state prison. Additionally, because the offense is one of the second degree, the individual will be presumed to receive a state prison sentence upon conviction. Admission into the pretrial intervention program and or a sentence to probation upon conviction, are not likely outcomes if an individual is convicted of a second degree possession of an assault rifle charge.
Additionally, the possession, sale and or transportation of an assault rifle can be a federal crime subjecting the individual to various federal penalties. Federal weapons convictions ordinarily carry prison sentences upon conviction. Additionally, in the federal system, parole is not an option. This means that an individual who is sentenced to prison in the federal system will have to complete eighty five percent of their sentence before they are eligible for release.
There are however various defenses to possession of an assault rifle charges. First and foremost, the state and or federal government will have to prove that the individual charged was actually in possession of the assault weapon. If the state or federal government is unable to establish this beyond a reasonable doubt, the individual will not be convicted of the assault weapons offense. Additionally, if the assault rifle was seized subject to a search that violated the New Jersey or Federal Constitution, the assault rifle recovered may be suppressed. This means that the assault rifle will not be used in the prosecution of the individual and the charges will likely be dismissed.
If you or someone you know has been charged in either the New Jersey state courts of the Federal courts will the unlawful possession of an assault rifle, call our New Jersey gun charge defense firm day or night. Our attorneys will take the time to discuss the charges and any and all possible defenses with you. We will aggressively raise any and all defenses on your behalf.
Call us today for a free consultation.