Weapons Charges Lawyer in Bergen County, NJ — What Are Your Defense Options?
Weapons charges in Bergen County, NJ, are serious offenses under N.J.S.A. 2C:39 that can lead to years in prison and a permanent criminal record. A conviction for unlawful possession of a weapon can result in a mandatory minimum sentence under the Graves Act. Law Offices Of SRIS, P.C.
New Jersey Weapons Charges Law
New Jersey has some of the strictest weapons laws in the country. The primary statute governing weapons offenses is N.J.S.A. 2C:39, which covers unlawful possession, possession for unlawful purposes, and certain persons not to possess weapons. The law distinguishes between different types of weapons, such as firearms, handguns, rifles, shotguns, and other prohibited devices like switchblade knives and defaced firearms. The Graves Act, codified within these statutes, imposes mandatory minimum periods of parole ineligibility for certain firearms offenses, meaning a judge has limited discretion during sentencing.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s weapons laws, refer to the N.J.S.A. 2C:39 (official New Jersey Legislature site). Court procedures and forms for Bergen County are available through the Superior Court of NJ, Bergen Vicinage website.
Handling a Weapons Charge in Bergen County Court
Weapons charges in Bergen County are typically heard in the Criminal Division of the Superior Court in Hackensack. The process is complex, especially with the Graves Act’s mandatory sentencing provisions. An early and aggressive defense is critical. In this court, prosecutors take weapons offenses very seriously, and pre-indictment negotiations can be key.
- Initial Arrest and Complaint: The case begins with an arrest and the filing of a criminal complaint detailing the weapons charge.
- First Appearance and Detention Hearing: New Jersey uses a Public Safety Assessment (PSA) to determine pretrial release, not cash bail. A detention hearing may be held.
- Grand Jury Indictment: For indictable weapons offenses, the case is presented to a grand jury. If indicted, the case proceeds in Superior Court.
- Discovery and Pre-Trial Motions: Your attorney will review all evidence and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations or Trial: Most cases are resolved through negotiation. If a plea cannot be reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows, which for Graves Act offenses includes mandatory minimum prison terms.
Potential Penalties for Weapons Charges in NJ
In Bergen County, weapons charges carry severe penalties, including mandatory prison under the Graves Act for certain firearms crimes and lengthy sentences for other offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Possession of a Handgun (Graves Act) | 2nd Degree Crime | 5-10 years (3-5 year parole ineligibility) | Up to $150,000 | Firearms forfeiture | Mandatory minimum; permanent felony record |
| Possession of a Weapon for Unlawful Purpose | 2nd or 3rd Degree | 3-10 years | Up to $150,000 | Weapon forfeiture | Enhanced if weapon is a firearm |
| Certain Persons Not to Possess Weapons | 2nd Degree Crime | 5-10 years | Up to $150,000 | Lifetime ban | Applies to prior convicts |
| Unlawful Possession of a Rifle/Shotgun | 3rd Degree Crime | 3-5 years | Up to $15,000 | Firearms forfeiture | No mandatory minimum |
| Possession of a Prohibited Weapon (e.g., switchblade) | 4th Degree Crime | Up to 18 months | Up to $10,000 | Weapon forfeiture | Disorderly persons if minor |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with New Jersey Weapons Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We understand the high stakes of a weapons charge in New Jersey. Our approach involves a detailed review of the arrest circumstances, the validity of any search, and the specific elements the state must prove. We work to protect your rights from the initial investigation through trial or resolution.
Case Results and Client Advocacy
SRIS actively practices in Bergen County. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Our weapons charges law firm Bergen County NJ focuses on building defenses that challenge the prosecution’s evidence, such as filing motions to suppress weapons obtained through an illegal search or seizure. We explore all options, including diversionary programs like Pre-Trial Intervention (PTI) where applicable, to avoid the severe consequences of a conviction.
Results may vary. Prior results do not aim for a similar outcome.
Weapons Charges Attorney Bergen County NJ — Contact Our Office
Our New Jersey location serves clients throughout Bergen County. We are accessible via I-80, the NJ Turnpike, Route 17, and the George Washington Bridge. If you need a weapons charges lawyer near Hackensack, Fort Lee, Paramus, or other Bergen County communities, we are here to help.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 200-6648
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
Frequently Asked Questions
What is the Graves Act in New Jersey?
Yes. The Graves Act is a New Jersey law that mandates a period of parole ineligibility for certain firearms offenses. For example, unlawful possession of a handgun carries a mandatory minimum of 3 to 5 years in prison before parole eligibility. Defenses often focus on challenging the evidence or seeking a waiver.
Can I get PTI for a weapons charge in Bergen County?
It depends. Pre-Trial Intervention (PTI) is generally not available for Graves Act offenses or crimes of violence. However, for some fourth-degree weapons offenses or for defendants with no prior record, a PTI application may be possible. An attorney can assess your specific eligibility.
What does “Certain Persons Not to Possess Weapons” mean?
This is a separate, serious charge under N.J.S.A. 2C:39-7. It applies to individuals previously convicted of certain crimes (like aggravated assault, robbery, or other indictable offenses) who are found in possession of any firearm. It is a second-degree crime with severe penalties.
Is a BB gun considered a weapon in NJ?
Yes. Under New Jersey law, an “imitation firearm” or a BB gun can be considered a weapon if it is used in a manner that would lead a reasonable person to believe it is a real firearm. This can lead to charges like possession of a weapon for an unlawful purpose.
What should I do if I’m arrested for a weapons charge?
Do not speak to law enforcement without an attorney. Invoke your right to remain silent and your right to a lawyer. Contact a weapons charges attorney Bergen County NJ immediately. The details of your arrest and the evidence against you will be critical to your defense strategy.
Related Pages: For other legal issues in Bergen County, see our pages on DUI defense and general criminal defense. For a broader view, visit our New Jersey Criminal Defense hub.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.