Gun Offenses can be particularly confusing in New Jersey as they cover a wide range of offenses in New Jersey and are prosecuted harshly in all counties including Hunterdon, Mercer, Warren, and Somerset County. These charges can carry serious ramifications including state prison time and a period of parole ineligibility. It is important to hire Jenna Casper Bloom who has handled a variety of these charges and achieved dismissals or reduced charges as part of a plea agreement.
What are the different types of Gun Offense in Flemington, New Jersey?
- Unlawful Possession of a Weapon
- Possession of a Weapon for an Unlawful Purpose
- Certain Person not to possess a weapon
What are the penalties for gun offense?
Second Degree Offenses
- Up to 10 years state prison
- Fine up to $150,000.0
Third Degree Offenses
- Up to 5 years state prison
- Fine up to $15,000.00
Fourth Degree Offenses
- Up to 18 months state prison
- Fine of $10,0000
What makes gun cases so difficult in New Jersey is that they are treated under the Graves Act. The Graves Act requires an individual serve a state prison sentence with a period of parole ineligibility. Sometimes the individual is required to serve the whole prison sentence before they are released. The Graves Act leaves very little discretion to the prosecutors or the Judge to resolve your case in a way that doesn’t involve state prison time. It is a necessity to hire someone that not only has experience handling these cases but knows how to get them dismissed or reduced to a lesser charge. Jenna Casper Bloom is extremely capable in handling these charges and knows how to provide an aggressive defense .
Jenna Casper Bloom represented an individual charged as a certain persons not to poses a weapon. This charge was under the Graves Act. His plea offer was a five year state prison sentence with a five year period of parole ineligibility. Jenna Casper Bloom went to trial on these charges in Trenton in Mercer County which resulted in a hung jury. The client eventually pled to a lesser offense for a term of probation. Jenna Casper Bloom knew how to challenge the credibility of the officers as well as the state’s evidence like the operability report which is included in every gun case in order to receive a favorable outcome for her client.
What constitutes possession of a weapon for an unlawful purpose in Flemington, New Jersey?
- Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
- Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
- Imitation firearms. 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.
What constitutes a Certain Person Charge in Flemington, New Jersey?
- Any person, having in their possession a firearm, and also having been convicted in this State or elsewhere of the below listed crime is charged as a certain person not to possess a weapon, a second degree offense
- The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole. If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.
- A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.
- A person whose firearm is seized pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991,c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991,c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.
What constitutes a pointing in Flemington, New Jersey?
- Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded.
- Pointing is a fourth degree offense in New Jersey. However, it carries a prison sentence of eighteen months with an eighteen month period of parole ineligibility.
Contact a Flemington Firearm Offense Attorney
Jenna Casper Bloom has over fourteen years experience handling all criminal matters including thefts, drug offenses, weapons offenses, sexual assault, aggravated assault, domestic violence, Megan’s Law offenses, Graves Act, DWI/DUI, traffic tickets, Pre-trial intervention, gun cases, marijuana charges, and expungements. She has handled cases from all stages and hearings including motions to suppress, Miranda hearings and has extensive trial experience. She provides an aggressive defense for any crime that one is charged with which results in her clients receiving favorable outcomes. Additionally, many times Jenna Casper Bloom gets cases dismissed for her client or plead guilty to a lesser offense. She has also argued probation and parole violation hearings which resulted in her clients being able to stay on probation or parole and not return to prison. She especially has experience with detention hearings, allowing her clients to be released pending their trial instead of languishing in jail.
If you can be charged with the crime, Jenna Casper Bloom has experience in defending it. She practices in Mercer County, Hunterdon County, Warren County, and Somerset County as well as in the towns of Trenton, Flemington, Clinton, Raritan, Annandale, Union, Pennington, East Amwell, West Amwell, Lawrenceville, Ewing, and Princeton.
Jenna Casper Bloom will treat you as the person you are, not the crime you have been charged with. Contact her today for a free consultation.