Machine Gun Offense Lawyer Bergen County — What Are Your Defense Options?
A machine gun offense in Bergen County is a severe crime prosecuted under both state and federal law, carrying mandatory prison time. Under N.J.S.A. 2C:39-4a, possession of a machine gun is a second-degree crime with a presumption of imprisonment. Law Offices Of SRIS, P.C. provides defense for these charges. Our firm-wide experience includes 4,739+ documented case results. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Understanding Machine Gun Offenses in New Jersey
New Jersey has some of the strictest firearms laws in the nation. A “machine gun” is defined under N.J.S.A. 2C:39-1(i) as any firearm that can fire more than one shot, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun. Possession, sale, or transfer of such a weapon is a second-degree crime under N.J.S.A. 2C:39-4a, punishable by 5 to 10 years in state prison, with a presumption of imprisonment. The charge is not eligible for Pre-Trial Intervention (PTI) in most cases. Federal law under the National Firearms Act (NFA) also prohibits possession of machine guns without proper registration, which is virtually impossible for civilians to obtain, skilled to separate federal charges from the U.S. Attorney’s Office for the District of New Jersey.
Official Legal Resources
For the official state statute, see N.J.S.A. 2C:39-4a (official New Jersey Legislature site). Court procedures are handled at the Superior Court of NJ, Bergen Vicinage in Hackensack for indictable offenses.
Defending a Machine Gun Charge in Bergen County
Prosecutors in Bergen County treat machine gun offenses with extreme severity, often seeking maximum penalties. The key local procedural fact is that these cases are heard in the Criminal Division of the Bergen County Superior Court, not Municipal Court. Given the presumption of imprisonment, a strong defense strategy is critical from the outset. An experienced machine gun offense lawyer Bergen County will scrutinize every aspect of the case.
- Immediate Case Review: Analyze the search, seizure, and arrest for constitutional violations (Fourth Amendment).
- Evidence Challenge: Contest the firearm’s classification as a “machine gun” by a state experienced.
- Investigate Intent: Argue lack of knowledge that the firearm was automatic, if applicable.
- Negotiate Strategically: Seek to reduce the charge to a lesser firearms offense without a presumption of imprisonment.
- Prepare for Trial: If a fair plea is not offered, build a defense for trial focusing on reasonable doubt.
Potential Penalties for a Machine Gun Offense
In Bergen County, a machine gun offense is a second-degree crime carrying 5 to 10 years in state prison, with a presumption of incarceration and significant fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | 2nd Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Firearms forfeiture; lifetime ban on firearm ownership | Federal prosecution likely; parole ineligibility; permanent criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes. We understand the high stakes of a machine gun charge and provide a case-specific defense strategy. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation.
Case Results and Client Advocacy
While specific results for machine gun offenses in Bergen County are not disclosed, our firm-wide practice has achieved 4,739+ documented case results with a favorable outcome rate exceeding 93%. We approach each case with a focus on protecting your rights and future. For an affordable machine gun offense lawyer Bergen County, our team provides dedicated representation.
Results may vary. Prior results do not guarantee a similar outcome.
Machine Gun Offense Lawyer Near Me Bergen County
Our New Jersey location serves clients facing charges at the Bergen County Superior Court in Hackensack. We represent individuals in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, and surrounding communities. Accessible via I-80, the NJ Turnpike, and Route 17.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is considered a machine gun in New Jersey?
Yes. Under N.J.S.A. 2C:39-1(i), a machine gun is any firearm that can fire more than one shot automatically without manual reloading per trigger function. This includes conversion devices like “Glock switches” or “auto-sears.” Mere possession is a second-degree crime.
Is there bail for a machine gun charge in Bergen County?
No. New Jersey abolished cash bail. Release is based on a Public Safety Assessment risk score. For a serious second-degree crime like machine gun possession, the court is likely to order detention unless a strong argument for release can be made.
Can I get PTI for a machine gun offense?
It depends, but it is highly unlikely. PTI is generally not available for offenses that carry a presumption of imprisonment, like second-degree machine gun possession. A defense lawyer must explore all other avenues for a favorable resolution.
Will I face federal charges too?
It is very possible. The U.S. Attorney’s Office for the District of New Jersey often pursues federal charges for machine gun offenses under the National Firearms Act, which can result in separate, lengthy mandatory federal prison sentences.
What should I do if I’m under investigation?
Immediately exercise your right to remain silent and request an attorney. Do not speak to law enforcement without a machine gun offense lawyer Bergen County present. Contact our firm at (888) 437-7747 for a 24/7 consultation to protect your rights.
For related legal help, see our pages on Bergen County Criminal Defense and Bergen County Federal Criminal Defense. For help in nearby areas, consider a machine gun offense lawyer near me Bergen County in Morris County.
Last verified: April 2026. Information is subject to change. Consult an attorney for current legal advice.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Machine Gun Offense Defense Lawyer Hudson County, NJ · Machine Gun Offense Defense Lawyer Monmouth County, NJ.