Passaic County Machine Gun Offense Lawyer — What Are Your Defense Options?
A machine gun offense in Passaic County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison. The Law Offices Of SRIS, P.C. provides a strong defense against these severe charges. Our firm has extensive experience with weapons cases in Paterson and across Passaic County. We challenge unlawful searches and improper evidence handling to protect your rights.
New Jersey Machine Gun Law
New Jersey law strictly prohibits the possession, manufacture, transport, or sale of a machine gun without a valid permit. A machine gun is defined as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun. The statute, N.J.S.A. 2C:39-5, categorizes this as a second-degree crime, reflecting the state’s severe stance on such weapons.
Last verified: April 2026 | Passaic County Superior Court | New Jersey Legislature.
Official Legal Resources
Understanding the specific law is critical. You can review the official statute at N.J.S.A. 2C:39-5 (official New Jersey Legislature). For local court procedures and information, visit the New Jersey Courts Criminal Case Process website.
Defending a Machine Gun Charge in Passaic County
Prosecutors in Passaic County, particularly in Paterson, pursue machine gun charges aggressively due to their severity. A common procedural challenge involves the legality of the search that discovered the weapon. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed. Another angle is contesting the firearm’s classification; the state must prove the weapon meets the legal definition of a machine gun.
- Initial Arraignment: You will be formally charged in Passaic County Superior Court. The judge will review bail conditions.
- Discovery Phase: Your attorney will obtain all police reports, forensic lab results, and witness statements from the prosecution.
- Pre-Trial Motions: This is the stage to file motions to suppress evidence obtained from an illegal search or seizure.
- Plea Negotiations: Your lawyer will negotiate with the prosecutor, potentially seeking a reduction to a lesser charge or favorable plea terms.
- Trial Preparation: If no plea agreement is reached, your defense team will prepare for trial, including experienced witness testimony on the firearm.
- Trial: The case will be presented before a jury in Passaic County Superior Court, where the state must prove guilt beyond a reasonable doubt.
Potential Penalties for a Machine Gun Offense
In Passaic County, a machine gun offense is a second-degree crime carrying a mandatory minimum prison term and substantial fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (with parole ineligibility) | Up to $150,000 | Graves Act applies; permanent felony record; loss of firearm rights. |
| Manufacture/Transport/Sale | Second-Degree Crime | 5-10 years | Up to $150,000 | Graves Act applies; forfeiture of assets; federal charges possible. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Serious Weapons Charges
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a machine gun charge and the specific dynamics of Passaic County courts. Our approach is to build a defense that meticulously examines every detail of the prosecution’s case, from the initial stop to the forensic evidence.
Case Results in Passaic County
The Law Offices Of SRIS, P.C. has successfully defended clients facing serious weapons charges in New Jersey. Our documented results include cases where charges were dismissed due to unlawful search and seizure or reduced through skilled negotiation. We focus on protecting our clients from the life-altering consequences of a second-degree conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Machine Gun Offense Lawyer Near Me Passaic County
If you need an affordable machine gun offense lawyer Passaic County residents can consult, our firm is accessible. We serve clients throughout Passaic County, including Paterson, Clifton, Wayne, and Passaic. Our legal team is available to discuss your case and outline a defense strategy.
Availability: 24/7 phone consultations — meetings by appointment only.
Contact: Toll-Free: (888) 437-7747 | Local: (609)-983-0003
Frequently Asked Questions
What is the minimum sentence for a machine gun charge in NJ?
Yes, there is a mandatory minimum. Under the Graves Act, possession of a machine gun carries a mandatory minimum period of parole ineligibility, typically one-third to one-half of the base 5-10 year sentence, meaning you must serve at least several years in prison before becoming eligible for parole.
Can a machine gun charge be reduced to a lesser offense?
It depends. While the charge itself is severe, an experienced machine gun offense lawyer Passaic County can negotiate with prosecutors. Reductions may be possible based on weaknesses in the evidence, your lack of prior record, or cooperation. The goal is often to avoid the Graves Act’s mandatory minimum.
What makes a gun a “machine gun” under NJ law?
The legal definition is specific: any firearm that shoots, is designed to shoot, or can be readily restored to shoot more than one shot automatically without manual reloading by a single function of the trigger. This includes conversion devices, like “Glock switches,” designed to make a semi-automatic firearm fully automatic.
Does New Jersey recognize any defenses to a machine gun charge?
Yes. Common defenses include challenging the legality of the search that found the weapon (Fourth Amendment violation), arguing the item was not a functional machine gun, or asserting lack of knowledge or possession. Each defense requires a detailed factual and legal analysis of your specific case.
Will I face federal charges for a machine gun?
It is possible. While New Jersey state charges are severe, the federal government can also prosecute machine gun offenses under the National Firearms Act. You could face charges in both state and federal court, which makes securing a machine gun offense lawyer Passaic County with broad experience critically important.
Related Legal Help: If you are facing other serious charges, our firm also provides defense for federal crimes in New Jersey, drug offenses, and assault charges. For similar defense in a neighboring area, see our page for Bergen County criminal lawyers.
Last verified: April 2026. Information is current as of this date. Laws change — contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
New Jersey law governs this practice area.
Your case in Passaic County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Passaic County that is the Superior Court of NJ, Passaic Vicinage (11th Vicinage), 77 Hamilton Street, Paterson, NJ 07505, telephone (973) 247-8000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Passaic County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Passaic County NJ lawyers directory · Machine Gun Offense Defense Lawyer Bergen County, NJ · Machine Gun Offense Defense Lawyer Hudson County, NJ · Machine Gun Offense Defense Lawyer Monmouth County, NJ.