Machine Gun Offense Lawyer Somerset County, NJ

Machine gun offenses in New Jersey are among the most serious weapons charges a person can face. If you are under investigation or have been charged, the stakes are high, and the need for an experienced criminal defense attorney is immediate. In Somerset County, these cases are prosecuted in the Superior Court of New Jersey, Somerset Vicinage, located at 20 North Bridge Street in Somerville. The court handles all indictable offenses, including second‑degree weapons crimes such as unlawful possession of a machine gun. A conviction can mean years in prison, and because New Jersey abolished cash bail in 2017, a person charged with such a crime may be detained before trial based on a computerized risk assessment rather than their ability to pay. At Law Offices Of SRIS, P.C., our team brings extensive experience in criminal defense across New Jersey, including Somerset County. We understand how the Somerset County Prosecutor’s Office handles weapons cases and what it takes to build a thorough defense. To discuss your matter, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Machine Gun Offense Means in Somerset County

Under New Jersey law, possessing, manufacturing, or distributing a machine gun is typically charged as a second‑degree crime. Second‑degree offenses carry a presumption of imprisonment and a sentencing range of five to ten years in state prison. The classification reflects the Legislature’s view that unregistered, fully automatic weapons present a heightened danger to the community. A machine gun offense is an indictable crime, which means the case proceeds by way of a grand jury indictment and is heard in the Superior Court, Criminal Part. In Somerset County, that means the Somerset Vicinage at 20 North Bridge Street in Somerville.

Because machine gun charges are serious and carry a presumption of incarceration, pretrial release is not guaranteed. After New Jersey’s Criminal Justice Reform Act took effect, the court uses a Public Safety Assessment to evaluate flight risk and danger. A defendant facing a weapons charge may be detained without the option of posting money bail. This makes it vital to have counsel who can advocate at the pretrial detention hearing and challenge the state’s evidence early. The court’s calendar and the complexity of the case will influence the timeline, but Somerset County cases are generally processed expeditiously given the seriousness of the charges. We represent clients in communities throughout Somerset County, including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster, and we are familiar with the local court practices and prosecutors.

How Mr. Sris and His Of Counsel Handle Machine Gun Offense Cases

Every machine gun case involves a careful review of the circumstances experienced to the charge. Mr. Sris and his Of Counsel examine the legality of the search that uncovered the weapon, whether law enforcement followed required procedures, and whether the state can prove the item meets the statutory definition of a machine gun. In many cases, the classification of a firearm is in dispute; a weapon that the state alleges is a machine gun may, in fact, be a semi‑automatic firearm that does not meet the legal threshold for a machine gun. We work with appropriate forensic experts, when needed, to challenge the prosecution’s evidence.

Beyond the immediate charge, we consider the longer‑term consequences. A machine gun conviction can affect employment, professional licenses, and immigration status. We explore every available defense and, where the evidence supports it, negotiate with the prosecutor to seek a reduction to a lesser offense or admission into a diversionary program. Mr. Sris and his Of Counsel team appear regularly in the Somerset Vicinage and understand how the local judiciary approaches weapons cases. We handle each matter with thorough preparation and attention to the client’s specific goals.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor with experience in criminal trial work, which gives him insight into how the state builds its cases. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he leads the firm’s criminal defense practice across all five jurisdictions. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.

The firm’s Of Counsel attorneys are experienced litigators who are engaged through Excella. They work alongside Mr. Sris, contributing their knowledge to each case. Collectively, the team has documented case results across all practice areas since the firm’s founding. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Our New Jersey location serves clients in Somerset County and throughout the state. To speak with Mr. Sris or an Of Counsel attorney, call (888) 437‑7747.

Frequently Asked Questions

What is a machine gun offense under New Jersey law?

Under New Jersey law, a machine gun offense generally involves possessing, manufacturing, or distributing a firearm that shoots more than one shot automatically without manual reloading. The offense is typically charged as a second‑degree indictable crime. The state must prove beyond a reasonable doubt that the weapon meets the legal definition of a machine gun and that the defendant knowingly possessed or controlled it. Because these charges are serious, they are handled in the Superior Court, Criminal Part. A knowledgeable attorney can evaluate whether the firearm actually qualifies as a machine gun and whether the search that led to its discovery was lawful.

What are the penalties for a machine gun conviction in Somerset County?

A conviction for a second‑degree machine gun offense carries a prison term of five to ten years under the New Jersey Code of Criminal Justice, with a presumption of imprisonment. A judge is required to impose a state prison sentence unless mitigating circumstances are clearly present and the interest of justice demands a lesser term. Additional consequences may include fines, forfeiture of the weapon, and a permanent felony record. Because New Jersey has no parole eligibility for certain violent weapons offenses until 85% of the sentence is served under the No Early Release Act, the actual time served can be substantial. Speaking with an attorney about the specific facts of your case is important to understand the potential exposure.

Does New Jersey have cash bail?

No. New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Somerset County is determined by a Public Safety Assessment (PSA) — a computerized risk score that measures flight risk and danger to the community. There are no bail bondsmen in New Jersey. The court may order pretrial detention if the state demonstrates a serious risk. Because machine gun offenses are grave, detention is a real possibility. An attorney can argue for release conditions at the detention hearing and present evidence to counter the state’s motion to detain.

What is Pre‑Trial Intervention (PTI) in Somerset County, and can it apply to a machine gun charge?

PTI is a diversionary program for first‑time offenders charged with certain indictable crimes. Successful completion of a one‑ to three‑year supervisory period results in a complete dismissal of the charges. However, New Jersey law generally excludes serious violent crimes and certain weapons offenses from PTI eligibility. A machine gun charge may be presumptively ineligible, but a skilled attorney can review the case to determine whether the prosecutor’s office might consent to PTI under any exceptional circumstances. Even if PTI is not available, other avenues such as challenging the indictment or seeking a downgrade to a disorderly persons offense may be explored. An experienced criminal lawyer can explain what options exist for your case.

Can a machine gun charge be reduced or dismissed?

Yes, a machine gun charge can be reduced or dismissed depending on the evidence and legal defenses available. If the prosecution cannot prove that the firearm meets the statutory definition of a machine gun, the charge may be downgraded to a lesser weapons offense, such as unlawful possession of a firearm, which carries a lower sentencing range. If the evidence was obtained through an unconstitutional search or seizure, a motion to suppress may lead to the evidence being excluded and the case dismissed. Negotiation with the prosecutor can also result in a plea to a less serious offense. Each case turns on its own facts, and early involvement of counsel is critical.

How do I find a machine gun offense lawyer in Somerset County?

Look for an attorney with experience handling serious weapons cases in New Jersey Superior Court and familiarity with the Somerset County Vicinage. The attorney should be admitted to practice in New Jersey and have a record of appearing in felonies and indictable offenses. At Law Offices Of SRIS, P.C., our team includes a former prosecutor and litigators who focus on criminal defense in Somerset County and across the state. To discuss your situation and learn more about how we can help, contact us at (888) 437‑7747.

Our firm also serves clients in nearby counties. If you are seeking representation in another part of New Jersey, you may find information at:

Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Results may vary.

Case results depend on a variety of factors unique to each case.