New Jersey possession of a weapon for unlawful purpose lawyer Adam M. Lustberg of Lustberg Law Offices, LLC has published an informative article explaining what it means to be charged with possession of a weapon for an unlawful purpose in New Jersey. The article outlines how this offense is defined under state law, the penalties associated with it, and possible legal defenses, providing important insights for individuals facing this serious criminal charge.
Possession of a weapon for an unlawful purpose is covered under N.J.S.A. 2C:39-4, which criminalizes having any weapon with the intent to use it unlawfully against another person or property. The New Jersey possession of a weapon for unlawful purpose lawyer explains that this charge can apply to a range of situations, including possessing a gun, knife, bat, or even a household object if prosecutors believe it was intended for use in committing a crime.
“It’s not just the weapon itself; it’s what the prosecution believes the person intended to do with it that triggers the charge,” New Jersey possession of a weapon for unlawful purpose lawyer Adam M. Lustberg states.
This offense is often charged in connection with other alleged crimes, such as robbery, assault, or burglary. Prosecutors use the unlawful purpose statute to enhance penalties, arguing that the presence of a weapon elevated the threat or actual harm in a criminal incident. As a result, those convicted of this charge can face severe consequences, including second-degree felony penalties of 5 to 10 years in prison and substantial fines.
In cases involving firearms, New Jersey’s strict gun laws impose mandatory minimum sentences under the Graves Act, which often requires a period of parole ineligibility. “Even if it’s a first offense, New Jersey law leaves little room for leniency when weapons and intent to harm are involved,” Lustberg explains.
However, Adam M. Lustberg also emphasizes that intent is a key element the prosecution must prove beyond a reasonable doubt. It is not enough for someone to simply possess a weapon, the state must demonstrate that the person intended to use it unlawfully. “Intent is often inferred from circumstances, but that’s where strong legal defense can expose gaps in the prosecution’s case,” he says.
Potential defenses include lack of intent, mistaken identity, legal possession of the weapon, or that the object in question is not legally classified as a weapon. In some cases, unlawful search and seizure may be challenged, which could lead to the exclusion of key evidence. “If law enforcement violated constitutional rights during the arrest or search, the entire case may be undermined,” Lustberg adds.
The article also discusses how prosecutors sometimes overcharge by combining possession of a weapon for unlawful purpose with related offenses to pressure defendants into accepting plea deals. Adam M. Lustberg advises individuals not to make any decisions without first consulting a defense attorney. “The stakes are high, and early legal representation is critical to protecting one’s rights and developing an effective strategy,” he warns.
In addition to defending clients at trial, Lustberg also negotiates with prosecutors to reduce or dismiss charges where possible, especially in cases involving first-time offenders or weak evidence. Alternative sentencing, such as probation or entry into diversion programs, may be pursued when applicable.
Adam M. Lustberg’s article provides a clear explanation of what’s at risk when facing a possession of a weapon for unlawful purpose charge in New Jersey. With potentially life-altering penalties on the line, understanding the law and acting quickly can make a significant difference in the outcome of a case.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey criminal defense firm led by Adam M. Lustberg. The firm represents clients in weapons cases, violent crime charges, drug offenses, and other serious criminal matters. Known for aggressive defense strategies and individualized representation, Lustberg Law Offices is dedicated to protecting the rights of individuals facing serious charges throughout New Jersey.
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