Machine Gun Offense Lawyer Bergen County, NJ

Facing a machine gun offense in Bergen County, New Jersey, is a serious matter. Contact us to request a consultation with an experienced criminal defense attorney. Machine gun charges—often filed under New Jersey’s comprehensive weapons statutes—are not routine disorderly persons matters; they are indictable crimes prosecuted in the Superior Court of New Jersey, Bergen Vicinage. A conviction can lead to significant incarceration, steep fines, and a permanent felony record that may affect employment, housing, and firearm rights for life. The court at 10 Main Street, Hackensack, NJ 07601, handles these cases with gravity, and pretrial release is determined not by money bail but by a computerized Public Safety Assessment under New Jersey’s 2017 bail reform. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team focus on defending clients against serious weapons charges, including machine gun offenses, throughout Bergen County. For a consultation, call (888) 437-7747.
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Machine Gun Offenses in New Jersey: What You Need to Know

New Jersey law categorizes machine gun offenses as high-level criminal matters. Under N.J.S.A. Title 2C, unlawful possession, use, or trafficking of a machine gun falls outside the Municipal Court’s jurisdiction and proceeds directly to the Superior Court’s Criminal Division. While a disorderly persons offense—the equivalent of a misdemeanor in other states—carries a maximum of six months in jail, a machine gun charge is invariably an indictable crime. Depending on the specific allegations, it can be graded as a second-degree or first-degree offense, exposing an accused to decades in prison. The No Early Release Act (NERA) often applies to first- and second-degree violent crimes, requiring a defendant to serve at least 85% of any prison term before parole eligibility.

In Bergen County, the prosecution of weapons offenses is taken seriously. The Bergen County Prosecutor’s Office handles the investigation and prosecution of these cases, frequently involving specialized units and forensic analysis. A conviction does not simply mean time behind bars; it can also trigger asset forfeiture, a criminal record that follows you permanently, and, for non-citizens, immigration consequences. Because New Jersey abolished cash bail in 2017, a person arrested for a machine gun offense will not have the option to post a bond for release. Instead, a detention hearing is held, where the court decides whether the individual may be safely released pending trial using a risk-assessment tool. Experienced legal counsel can advocate at that hearing for the least restrictive conditions of release.

Frequently Asked Questions

What is a machine gun offense under New Jersey law?

Under New Jersey statutes, machine gun offenses cover the unlawful possession, manufacture, transport, sale, or use of automatic firearms, often charged as second-degree or first-degree indictable crimes. The relevant provisions are found in N.J.S.A. Title 2C, Chapter 39, which regulates firearms and weapons. A “machine gun” is generally defined as any firearm that shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger. Even possessing an unregistered machine gun or certain parts can lead to these severe felony-level charges. Because the law treats these weapons as per se dangerous, the penalties are among the stiffest in the New Jersey criminal code.

Is a machine gun charge a disorderly persons or indictable offense?

A machine gun charge is always an indictable offense—the equivalent of a felony—and is heard in the Superior Court, not the Municipal Court. New Jersey distinguishes between disorderly persons offenses, which are handled at the local level, and indictable crimes, which are the domain of the county prosecutor and the Superior Court. Machine gun violations fall into the latter category because of their inherent seriousness. The case will proceed through grand jury indictment, arraignment, pretrial motions, and, if not resolved, trial before a Superior Court judge in the Bergen Vicinage. Because the stakes are so high, having a lawyer who regularly handles indictable weapons offenses in Bergen County is critical.

What penalties can I face for a machine gun offense in Bergen County?

A conviction for a machine gun offense carries the possibility of a lengthy state prison sentence, substantial fines, and a permanent criminal record. While the exact penalty depends on the degree of the crime and any aggravating factors, a second-degree crime typically carries a prison term of five to ten years, and a first-degree crime can result in ten to twenty years or more. In many cases, the No Early Release Act (NERA) applies, meaning you must serve at least 85% of the sentence before becoming eligible for parole. Additionally, New Jersey imposes heavy fines—often up to $150,000 or more—for certain weapons offenses, and you may face mandatory minimums if the firearm was used in the commission of another crime. A felony conviction will also strip you of the right to possess firearms under both state and federal law.

Does New Jersey have cash bail?

No. New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Bergen County is determined by a Public Safety Assessment (PSA)—a computerized risk score, not money. There are no bail bondsmen in New Jersey. If you are arrested for a machine gun offense, you will be brought before a judge for a detention hearing, where the prosecutor may argue for your detention without bail. A skilled defense attorney can argue against detention by presenting evidence of community ties, lack of criminal history, or other factors that rebut the presumption of dangerousness. Because you cannot simply pay to get out of jail, having an attorney present at this early stage is essential to secure your release.

What is Pre-Trial Intervention (PTI) in Bergen County, New Jersey?

PTI is a diversionary program for first-time indictable offenders in Bergen County that, upon successful completion of one to three years of supervision, results in a complete dismissal of charges. However, PTI is generally not available for serious violent crimes like machine gun offenses, which are often excluded based on the nature of the charge. The prosecutor has broad discretion to object to a PTI application, and the court will consider the circumstances of the offense and your background. While it is unlikely for a weapons offense of this severity, an experienced attorney can evaluate whether any alternative diversion programs or plea options exist that might mitigate the consequences. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can I get bail after a machine gun arrest in New Jersey?

Because New Jersey no longer uses cash bail, you cannot post a bond for release; instead, you must attend a detention hearing where a judge decides whether you will be detained or released under supervision. The court evaluates several factors, including the nature of the offense, your criminal history, ties to the community, and the risk of flight or danger to the public. A machine gun offense, particularly if it involves allegations of violence or drug trafficking, may trigger a motion for pretrial detention by the prosecutor. Your attorney can present a compelling case for release by highlighting your stability, employment, family relationships, and lack of prior serious offenses. If released, you will likely be subject to conditions such as electronic monitoring or regular check-ins. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What court handles machine gun offenses in Bergen County?

Machine gun offenses are prosecuted in the Superior Court of New Jersey, Bergen Vicinage, located at 10 Main Street, Hackensack, NJ 07601. This court has jurisdiction over all indictable crimes, including serious weapons charges. The Bergen County Prosecutor’s Office typically prosecutes these cases, and they are heard by a Superior Court judge. Because the legal process involves multiple stages—initial appearance, detention hearing, pre-indictment conference, grand jury presentation, arraignment, and trial—it is important to have an attorney who is familiar with the local procedures and the court personnel. Mr. Sris and his Of Counsel team appear regularly in the Bergen Vicinage and understand the expectations of the court when it comes to weapons offense litigation.

What defenses are available against a machine gun charge?

Defenses in a machine gun case can include constitutional challenges to the search and seizure, lack of knowledge that the item was a machine gun, and insufficient evidence of possession. Because weapons offenses often arise from traffic stops, home searches, or other police encounters, a thorough review of whether law enforcement violated your Fourth Amendment rights is a common first step. In some instances, the firearm may not meet the legal definition of a machine gun, or there may be no proof that you knew the weapon was automatic. An experienced attorney will examine every detail of the investigation, from the initial stop to the handling of evidence. Each case is fact-specific, and the defense strategy must be tailored accordingly. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Can a machine gun charge be expunged in New Jersey?

Expungement of a machine gun conviction is extremely difficult because New Jersey law generally bars expungement of serious indictable crimes, especially those involving firearms. While New Jersey allows expungement of certain offenses after a waiting period—five years for most indictable crimes—the statute excludes many violent and weapons-related convictions altogether. Even if the conviction is technically eligible, the prosecutor can object, and the court will weigh the public interest against your request. If you successfully complete Pre-Trial Intervention or receive an acquittal, you may be eligible for expungement of the arrest record. Because the rules are complex, you should speak with an attorney about whether your specific charge could ever be cleared. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer for a machine gun charge in Bergen County?

Yes, you absolutely need a lawyer—machine gun offenses are among the most serious criminal charges in New Jersey, and attempting to face them without counsel is extremely risky. A conviction can result in a prison sentence of a decade or more, and the collateral consequences—such as losing your right to vote, possess firearms, or hold certain professional licenses—are lifelong. An experienced defense attorney can challenge the prosecution’s evidence, negotiate with the prosecutor to reduce the charges, and vigorously represent you at trial if necessary. Early intervention by counsel can also make a critical difference at the detention hearing and during plea negotiations. For a consultation, call (888) 437-7747.

How much does a criminal defense lawyer cost for a machine gun case?

The cost of legal representation for a machine gun offense varies based on the complexity of the case, the stage at which you hire counsel, and the fee arrangement. Many criminal defense attorneys, including Law Offices Of SRIS, P.C., offer consultations to discuss your situation and provide an estimate. Because the stakes are so high, the investment in a qualified attorney is a critical decision that should not be made based solely on price. The firm accepts major credit cards, checks, and cash, and can sometimes work out payment plans. Contact our New Jersey location at (888) 437-7747 to schedule a consultation and receive a clear explanation of potential costs.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he understands how the state builds its case and uses that insight to expose weaknesses in the prosecution’s evidence. Mr. Sris is admitted to practice in New Jersey, Virginia, Maryland, the District of Columbia, and New York, and he appears regularly in Bergen County Superior Court. His Of Counsel team includes other experienced attorneys who contribute to the firm’s collective depth in criminal law. Mr. Sris and his Of Counsel bring extensive combined legal experience and have documented case results across multiple practice areas and jurisdictions. Results may vary. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

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