New Jersey has some of the strictest gun control laws in the United States. One of the most important is the Graves Act, which sets mandatory minimum sentences for many gun-related offenses. Consequently, defendants convicted of offenses under the Graves Act could spend many years behind bars before they are even eligible for parole.
What Is the Graves Act?
The Graves Act has been a key part of New Jersey’s firearm laws since 1981. Named after former Assemblyman Franklin Graves, who championed tougher firearm sentencing laws, the act imposes mandatory minimum prison sentences for certain gun-related offenses, even for first-time offenders.
Under the Graves Act, individuals convicted of unlawful gun possession or specific firearm crimes must serve a mandatory minimum term without parole eligibility. Lawmakers enacted the law to combat gun violence by ensuring consistent and severe penalties in these cases.
Types of Gun Offenses Impacted by the Graves Act
The Graves Act affects most New Jersey gun offenses, including:
- Unlawful Possession of a Handgun – Possessing a handgun without a valid permit is a Graves Act offense, regardless of whether the gun is loaded.
- Unlawful Possession of a Rifle or Shotgun – Even owning a rifle or shotgun without a valid firearms purchaser identification card falls under the Graves Act.
- Possession of a Firearm During the Commission of a Crime – Carrying or using a gun while committing another offense, such as robbery or assault, usually triggers harsher prison sentences under the Graves Act.
- Possession of a Firearm by Certain Persons – Individuals prohibited from owning firearms, such as those with prior felony convictions, face mandatory sentences for gun possession under the Graves Act.
- Possession of an Assault Weapon – Owning or transporting assault weapons, which are heavily regulated in New Jersey, also falls under the rules of the Graves Act.
- Possession of a Defaced Firearm – Having a gun with a removed or altered serial number qualifies as a Graves Act violation.
- Transporting a Firearm Without Proper Documentation – Carrying a legally owned firearm without following New Jersey’s strict transport laws can lead to mandatory penalties under the Graves Act.
Mandatory Sentencing Under the Graves Act
Under the Graves Act in New Jersey, individuals convicted of certain gun-related offenses face mandatory prison sentences, regardless of the circumstances. In these cases, the law typically requires a minimum prison term of 42 months or half the total sentence imposed by the court, whichever is longer. For fourth-degree crimes, the mandatory minimum is 18 months. During this period, the defendant is ineligible for parole.
The mandatory sentencing rules ensure consistent penalties for specific firearm offenses, removing much of the discretion from judges. Prosecutors must prove at a sentencing hearing that the offender used a firearm while committing a crime to trigger these penalties. Additionally, those with prior convictions for firearm-related crimes can face extended terms of imprisonment.
How the Graves Act Affects Gun Possession Sentencing in Freehold, NJ
The Graves Act affects gun possession sentencing by imposing harsh minimum sentences for these offenses, even for first-time offenders. The strict minimum sentences include 18 months in prison for fourth-degree gun offenses (such as unlawful possession of a weapon) and 42 months or between one-third and one-half of the sentence for many other weapons crimes. Offenders do not become eligible for parole until they serve out these minimum sentences, and there are only a handful of exceptions.
Exceptions and Defenses to the Graves Act
While the Graves Act imposes minimum sentences for most people accused of New Jersey gun crimes, there are limited exceptions to these provisions. One is through a Graves Act waiver, which allows judges to bypass mandatory penalties in specific circumstances, typically for first-time offenders or cases with factors like the following:
- Others were not exposed to risk because of the violation.
- The alleged offense was an isolated and aberrant incident.
- The defendant proactively alerted police to the presence of the weapon.
- The defendant had surrendered the weapon to another party for safekeeping.
- The defendant was from out-of-state and did not know they were violating the law.
Defendants can request this waiver with the prosecutor’s support. If the judge grants the waiver, the defendant could receive reduced penalties, probation, or entry into a diversion program instead of mandatory prison time.
In many cases, contesting a Graves Act offense is a better option than seeking a waiver. Some common defense strategies in these cases include:
- Unlawful Search and Seizure – If the police violated your constitutional rights by conducting an illegal search or seizure, any evidence they seized (such as a gun you unlawfully possessed) could be suppressed, leading to reduced or dismissed charges.
- Evidence Inadmissibility – Elatedly, issues with forensic testing, chain of custody, or witness credibility can weaken the prosecution’s case, leading to lesser or dismissed charges.
- Lack of Knowledge – If you didn’t know the firearm was in your possession (such as in cases of borrowed or shared vehicles), you could use that fact to argue you did not break the law, meaning you wouldn’t face any penalties under the Graves Act.
- Possession of a Permit or License – If you had a valid permit or firearm identification card, this could potentially mitigate your penalties or lead to the dismissal of your charges.
Working with a Criminal Defense Lawyer in Freehold, NJ
Working with a gun possession defense lawyer is crucial to avoid the consequences of a Graves Act offense. An experienced Freehold, NJ, gun possession defense attorney can pinpoint weaknesses in the prosecution’s case or help you seek a waiver from the Graves Act. They can also explain your options and their potential consequences, represent you in court, and help you make bail while your case works through the legal system.
Without a lawyer’s help with weapons offenses, you’ll face the justice system alone and are much more likely to be sentenced to a lengthy prison term under the Graves Act.
Contact Our NJ Gun Possession Defense Lawyer for Help
Don’t risk the consequences of a Graves Act violation by foregoing the help of an experienced criminal defense attorney in New Jersey. Instead, call Keith Oliver Criminal Law now or reach out online for a free consultation about your rights and options. Our legal team understands New Jersey law when it comes to weapons charges, and we can help you understand your rights and guide you through the legal system.
