Graves Act:  The “Graves Act” is codified in N.J.S.A. 2C:43-6(c), and requires the imposition of a minimum term of imprisonment and a term of parole ineligibility for certain firearm offenses.  It states that any person convicted of certain weapons offenses involving firearms, or any person in possession of a firearm while committing, attempting to commit, or immediately fleeing from committing certain offenses is subject to New Jersey’s “Graves Act.”  Under this statute, the individual must be sentenced to a term of imprisonment which must include a minimum term of at least half of the sentence, or 42 months (whichever is greater), during which the defendant shall be ineligible for parole. 

 

*NOTE:  The sentence can be 18 months for a 4th degree offense.  See N.J.S.A. 2C:43-5.1(c).

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The following is a list of Graves Act offenses:

• Possession of Sawed-Off Shotguns or Defaced Firearms (N.J.S.A. 2C:39-3(b)/(d));

• Possession of Firearms (N.J.S.A. 2C:39-4(a));

• Possession of a Firearm During Commission of Drug Distribution or Possession With Intent to Distribute Drugs (N.J.S.A. 2C:39-4.1(1)(a));

• Unlawful Possession of a Machine Gun, Handgun, Rifle, or Shotgun (N.J.S.A. 2C:39-5(a), (b), (c));

• Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7(a), (b)(2)/(3));

• Manufacturing, Transporting, Defacing Weapons (2C:39-9); or

• Possession of a firearm while committing certain crimes.

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Extended Term of Imprisonment:  A person convicted of a “Graves Act” offense who has previously been convicted of certain firearms offenses must be sentenced to an extended term under N.J.S.A. 2C:43-7(c)

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Graves Act Waiver:  In the case of a person charged with any of the above-listed offenses, the prosecutor may file a motion to the court’s assignment judge indicating that the imposition of a mandatory minimum terms of imprisonment under the Graves Act “does not serve the interests of justice.”  The assignment judge must then either place the defendant on probation OR reduce the term of imprisonment to 1 year (during which time the defendant would be ineligible for parole).  See N.J.S.A. 2C:43-6.2.  The prosecutor will usually agree to file such a waiver only when the defendant has no prior criminal history, or no prior history of weapons offenses, or if there are any other unusual or extenuating circumstances that mitigate the defendant’s guilt.  Other possible extenuating circumstances may include the fact that the firearm was unloaded and posed no risk to public safety.

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Contact a New Jersey Graves Act

Lawyer for a Free Consultation

 

If you or a loved one are facing Graves Act charges, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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