Machine Gun Offense Lawyer Mercer County, NJ
You were pulled over on Route 1 in West Windsor, and the officer found a firearm in your vehicle that the State now calls a machine gun. Now you are facing an indictable charge that carries years of prison time and a presumption of incarceration. At Law Offices Of SRIS, P.C., we know what a weapons offense like this means for your family, your career, and your future. Mr. Sris is admitted to practice in New Jersey and concentrates his defense practice on serious criminal matters, including machine gun and other firearm charges. To discuss your situation, reach us at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Defending a Machine Gun Charge in Mercer County
Machine gun offenses in New Jersey are prosecuted actively. Under state law, mere possession of a machine gun—even without any use or intent to harm—can be an indictable crime. Prosecutors in the Mercer County Superior Court, Criminal Division, treat these charges with particular severity, often seeking the maximum penalties available. Mr. Sris and his Of Counsel approach each case with a thorough review of the arrest, the search that led to the discovery, and the forensic analysis of the weapon. Did law enforcement have probable cause to stop you? Was the item capable of fully automatic fire, or was it a semi-automatic firearm that should not be classified as a machine gun? Every element matters.
Because a conviction can disrupt your life for years, we begin working on your defense immediately. Our team examines whether your constitutional rights were violated during the investigation, whether the State can prove beyond a reasonable doubt that the firearm meets the legal definition of a machine gun, and whether any statutory defenses or mitigating factors apply. We represent clients at every stage—from the initial detention hearing through trial, and, if necessary, on appeal.
What to Expect in the Criminal Justice Process
After an arrest for a machine gun offense in Mercer County, you will be brought before a judge for a pretrial detention hearing. Because New Jersey abolished cash bail in 2017, a Public Safety Assessment will determine whether you are released or held pending trial. Our team advocates for pretrial release so you can continue working and supporting your family while your case moves forward.
If the charge is an indictable crime, the case will proceed to the Superior Court in Trenton. A grand jury will consider an indictment, and your attorney may present evidence or argument at that stage. Once indicted, the case moves through pretrial motions—including motions to suppress evidence—and, if not resolved, a jury trial. For first-time offenders, Pre-Trial Intervention may be an option, but serious weapons charges often face higher scrutiny. Mr. Sris explores every procedural avenue to protect your rights.
Potential Consequences of a Machine Gun Conviction
Unlawful possession of a machine gun is typically a second-degree crime under New Jersey law, carrying a sentence of five to ten years in prison and a presumption of imprisonment. A conviction can also result in substantial fines, a lifelong criminal record, and the loss of the right to possess firearms. In some cases, federal charges may also apply. The exact penalty depends on the circumstances, including whether the weapon was loaded, whether it was used in connection with another offense, and your prior record. Our goal is to mitigate these consequences—through dismissal, reduction of charges, or an acquittal at trial.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and is admitted to practice in New Jersey, Virginia, Maryland, the District of Columbia, and New York. A former prosecutor, he brings an understanding of how the State builds its case to every defense. For serious weapons cases, Mr. Sris works with Of Counsel attorneys who bring additional experience in criminal litigation and courtroom advocacy. Together, they provide a multi-state perspective that can be critical when a case involves out-of-state witnesses, federal implications, or parallel charges. Former prosecutor. Practicing since 1997.
For a detailed statutory framework, visit our main site: Criminal defense practice overview on srislawyer.com.
Frequently Asked Questions
What is a machine gun offense in New Jersey?
New Jersey law prohibits the possession, manufacture, transport, or disposition of a machine gun without lawful authority. A machine gun is defined as any firearm that shoots, or is designed to shoot, automatically more than one shot without manual reloading, by a single trigger function. The offense is generally an indictable crime handled in Superior Court, and even a first-time charge can result in a prison sentence and a permanent record.
Does New Jersey have cash bail?
No. New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Mercer County is determined by a Public Safety Assessment—a computerized risk score, not money. There are no bail bondsmen. Cases are heard at the Superior Court of New Jersey, Mercer Vicinage, located at 175 South Broad Street, Trenton, NJ 08650.
What is Pre-Trial Intervention, and can I get it for a machine gun charge?
Pre-Trial Intervention is a diversionary program for first-time indictable offenders. Successful completion of one to three years of supervision results in complete dismissal of the charges. While PTI is generally available, certain weapons offenses face increased scrutiny from the prosecutor. Our legal team can assess whether you may be eligible and advocate for your admission into the program.
Can a machine gun charge be reduced or dismissed?
Yes, depending on the facts and the legal challenges available. A charge may be reduced if the firearm does not meet the statutory definition of a machine gun, or if evidence was obtained in violation of your constitutional rights. Mr. Sris and his Of Counsel examine every aspect of the prosecution’s case to seek a reduction to a lesser offense or a dismissal. Results may vary.
How long does a weapons case take in Mercer County?
The timeline varies based on the complexity of the case and court scheduling. An indictable crime typically proceeds through pretrial motions and, if the case goes to trial, may take several months to over a year. Delays can occur while evidence is being reviewed or while motions are pending. Your attorney can keep you informed of the expected timeline as your case develops.
Will I go to prison if convicted of a machine gun offense?
Prison is a real possibility. A second-degree crime in New Jersey carries a presumption of imprisonment of five to ten years. However, every case is different. Our firm works to challenge the State’s evidence, negotiate for reduced charges, and present mitigating factors so that you have the trusted chance of avoiding incarceration or receiving the minimum sentence possible.
What should I do if I’m arrested for a weapon offense in Mercer County?
Invoke your right to remain silent and your right to an attorney immediately. Do not discuss the facts of your case with law enforcement without your lawyer present. Contact an experienced criminal defense attorney as soon as possible. Early intervention can make a significant difference in the outcome of your case.
Do I need an attorney for a machine gun charge?
Yes. A machine gun charge is a serious indictable offense with long-term consequences. An attorney can protect your constitutional rights, challenge the prosecution’s case, and guide you through the court process. Representing yourself is not advisable given the stakes involved. For guidance specific to your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the potential defenses to a machine gun charge?
Common defenses include challenging the constitutionality of the search, disputing that the weapon meets the legal definition of a machine gun, and asserting lawful authority to possess the firearm. The defense strategy is tailored to the specific facts of your case after a thorough review of police reports, forensic evidence, and witness statements. Our firm explores all viable defenses on your behalf.
Where are machine gun cases heard in Mercer County?
Indictable criminal cases are heard at the Superior Court of New Jersey, Mercer Vicinage. The courthouse is located at 175 South Broad Street, Trenton, NJ 08650. Pretrial detention hearings and motion practice also take place there. Mr. Sris and his Of Counsel regularly appear at this courthouse on behalf of clients facing serious weapons allegations.
Can I get my record expunged after a machine gun conviction?
New Jersey allows expungement after a waiting period for most criminal convictions, but certain serious offenses are not eligible. The waiting period for an indictable crime is generally five years from the completion of the sentence. Whether a machine gun offense can be expunged depends on the specific conviction and any related charges. To discuss your eligibility, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Contact Our Firm
If you or a loved one is facing a machine gun offense in Mercer County, New Jersey, we are here to help. To request a consultation, call (888) 437-7747. Our New Jersey location serves clients by appointment. Mr. Sris and his Of Counsel are prepared to discuss your case and your legal options.
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