Machine Gun Offense Lawyer New Jersey, NJ
You’ve been arrested and charged with a machine gun offense in New Jersey. The charge is serious: it involves a weapon the law classifies as among the most dangerous, and a conviction can bring years in prison. You’re likely wondering what happens next, whether you’ll be held in jail before trial, and how you can fight the charge. A knowledgeable criminal defense attorney can help you understand the process, protect your rights, and work toward favorable outcomes. Call (888) 437-7747 to request a consultation with Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Defense Options for Machine Gun Charges in New Jersey
New Jersey takes weapons offenses extremely seriously, and a machine gun charge demands a strategic defense. Your defense options will depend on the specific facts of your case. An experienced attorney will first examine whether law enforcement followed proper procedure during the investigation and arrest. If your rights were violated — for example, through an unlawful search or seizure — evidence may be suppressed. Additionally, the prosecutor must prove every element of the offense beyond a reasonable doubt. A defense can challenge the firearm’s classification as a machine gun or attack the credibility of witnesses.
Plea negotiations may also be possible, especially if there are mitigating circumstances. Because of the severe mandatory minimums tied to firearms offenses, your lawyer will carefully weigh any offer against the risks of trial. In all cases, your attorney will explain your options clearly and develop a strategy tailored to your situation.
What to Expect When Charged with a Machine Gun Offense in New Jersey
After your arrest, you will be taken before a judge for a first appearance. New Jersey completely abolished cash bail in 2017 under the Criminal Justice Reform Act. Instead of setting a bail amount, the court uses a Public Safety Assessment (PSA) that scores your risk of flight and danger to the community. The prosecutor may move for pretrial detention if the charge is severe and the risk score high. Because machine gun offenses are classified as second‑degree crimes, the prosecution is likely to seek detention.
Your attorney can argue for release with conditions, such as electronic monitoring or home confinement. If the case moves forward, an indictment will be sought in the Superior Court. The discovery process follows, during which your attorney reviews all evidence, files motions to suppress or dismiss, and prepares for trial. The timeline varies by court scheduling, but your lawyer will keep you informed at each stage.
Potential Penalties for Machine Gun Convictions in New Jersey
Under New Jersey law, possession or use of a machine gun is typically a second‑degree crime. A second‑degree conviction carries a term of imprisonment of five to ten years. The Graves Act imposes a mandatory minimum period of parole ineligibility — often one‑half of the sentence — meaning you must serve a significant portion of any prison term before becoming eligible for release. In addition, substantial fines, a permanent felony record, and a loss of federal firearms rights can follow a conviction.
Other consequences may include difficulty finding employment and housing. First‑degree firearms offenses, which can be charged for specific aggravating circumstances, carry ten to twenty years. Your attorney will explain the full range of penalties you face based on the charged offense and any prior criminal history.
Explore related county‑specific resources: Hunterdon County Criminal Defense, Somerset County Criminal Defense, Morris County Criminal Defense, Bergen County Criminal Defense, and Monmouth County Criminal Defense.
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 construct a thorough defense. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris works alongside a dedicated Of Counsel team. Together, they bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
For a complete statutory breakdown, visit Law Offices Of SRIS, P.C.
Frequently Asked Questions About Machine Gun Offenses in New Jersey
What is a machine gun offense in New Jersey?
A machine gun offense involves possessing, manufacturing, or using a firearm that automatically fires multiple shots with one trigger pull. New Jersey law prohibits the knowing possession of a machine gun, sawed‑off shotgun, or assault firearm. The law also addresses any modification that renders a semi‑automatic weapon fully automatic. Conviction can lead to severe prison time and a permanent criminal record.
Can I get pretrial release on a machine gun charge?
Pretrial release is possible but not guaranteed on a machine gun charge in New Jersey. After your arrest, the court reviews a Public Safety Assessment that scores your risk factors. For a second‑degree weapon offense, the prosecutor may seek detention. Your attorney can present arguments for release with monitoring conditions. Each case turns on its unique facts.
What are the penalties for a machine gun conviction in New Jersey?
A conviction for a machine gun offense is typically a second‑degree crime punishable by five to ten years in prison. The Graves Act imposes a mandatory minimum period of parole ineligibility that can be half the sentence. Fines, a felony record, and a lifetime federal firearms prohibition also apply. The court may consider aggravating and mitigating factors at sentencing.
Do I need a lawyer for a machine gun charge?
You have the right to an attorney, and retaining one is critical when facing a machine gun charge. The stakes are high: a potential decade‑long sentence and a life‑altering conviction. An experienced criminal defense lawyer can challenge the evidence, protect your rights, and work toward a dismissal or reduction. Without representation, you risk navigating a complex legal system alone.
How does New Jersey’s bail reform affect my case?
New Jersey’s Criminal Justice Reform Act eliminated cash bail, so your release is determined by a risk assessment rather than money. A judge decides whether to detain you or release you with conditions based on the PSA score and the prosecutor’s arguments. This process can move quickly, making early attorney involvement essential.
What should I do immediately after being charged?
Invoke your right to remain silent and request to speak with an attorney. Do not discuss the facts with police or anyone else until you have legal counsel. Preserve any documents, text messages, or other evidence that might be relevant, and write down everything you remember while it is fresh. Contact a criminal defense lawyer as soon as possible to start building your defense.
Contact a New Jersey Machine Gun Offense Lawyer
If you or a family member is facing a machine gun charge, time is critical. Mr. Sris and his Of Counsel team have decades of experience defending serious weapon offenses in New Jersey. Call (888) 437-7747 to schedule a consultation and discuss your case. The firm’s New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, by appointment.
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