Machine Gun Offense Lawyer Essex County — What Are Your Defense Options?
A machine gun offense in Essex County is a severe felony under N.J.S.A. 2C:39-5, carrying a mandatory minimum sentence of 5 years in state prison. The Law Offices Of SRIS, P.C. provides a strong defense against these charges, focusing on challenging evidence and procedural errors. Our firm has extensive experience in New Jersey’s Superior Court handling firearm cases. Contact us for a case review.
New Jersey Machine Gun Law
In New Jersey, the possession, sale, or transfer of a machine gun is strictly prohibited under N.J.S.A. 2C:39-5. This statute defines a machine gun as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. The law is part of New Jersey’s Graves Act, which imposes severe mandatory penalties for certain firearm offenses. The state’s position is one of zero tolerance for these weapons, making the charges exceptionally serious from the outset.
Last verified: April 2026 | Essex County Superior Court | New Jersey Legislature
Official Legal Resources
Understanding the specific statutes and court procedures is critical. You can review the official state law at N.J.S.A. 2C:39-5 (official New Jersey Legislature). For information on court procedures in Essex County, visit the New Jersey Courts Criminal Case Process website.
Defense Strategy for Essex County Cases
Defending a machine gun charge requires an immediate and aggressive strategy. In Essex County, prosecutors pursue these cases vigorously. A key local procedural fact is that Essex County prosecutors often rely on forensic analysis from the New Jersey State Police Ballistics Unit to classify a firearm. Our defense approach starts with scrutinizing the chain of custody of the alleged weapon and challenging the state’s forensic evidence. We examine whether the firearm was truly capable of automatic fire as defined by law, which is a common point of contention.
- Secure immediate legal representation before any further statements are made.
- Our attorney will file motions to suppress evidence obtained from any illegal search or seizure.
- We will retain an independent firearms experienced to examine the alleged weapon and challenge the state’s classification.
- We explore all avenues, including potential plea negotiations to a lesser non-Graves Act offense if the evidence is strong.
- Prepare for a pre-trial hearing to argue motions and, if necessary, a full trial before an Essex County jury.
Potential Penalties for a Machine Gun Offense
In Essex County, a machine gun offense is a second-degree crime under the Graves Act, carrying a mandatory minimum state prison term and substantial fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5 to 10 years (mandatory min. 5 yrs parole ineligibility) | Up to $150,000 | Forfeiture of firearm; permanent loss of right to possess any firearm. | Graves Act sentencing; felony record; potential federal charges. |
| Sale/Transfer of a Machine Gun | Second-Degree Crime | 5 to 10 years (mandatory min. 5 yrs parole ineligibility) | Up to $150,000 | Forfeiture of firearm; permanent loss of right to possess any firearm. | Graves Act sentencing; felony record; potential federal charges. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience with Firearms Charges
Founded in 1997, the Law Offices Of SRIS, P.C. has built a reputation for handling serious criminal defenses. Our founder, Mr. Sris, is a former prosecutor who understands the tactics used by the state. We apply this insider knowledge to defend clients facing the most serious charges, including machine gun offenses. Our team is familiar with the procedures in Essex County Superior Court and the tendencies of its prosecutors.
Case Results in New Jersey
The Law Offices Of SRIS, P.C. has a documented record of achieving favorable outcomes in criminal cases. While every case is unique, our firm-wide results across our practice areas include over 4,739 cases with a favorable outcome rate exceeding 93%. In New Jersey, we have successfully defended clients against various weapons charges by challenging unlawful searches, questionable evidence handling, and witness credibility.
Results may vary. Prior results do not guarantee a similar outcome.
Machine Gun Offense Lawyer Near Me Essex County
If you are searching for a machine gun offense lawyer near me Essex County, our firm is accessible to clients throughout the region. We offer 24/7 phone consultations for urgent matters. For an affordable machine gun offense lawyer Essex County residents can trust, contact us to discuss your case and our fee structure.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a machine gun in New Jersey?
Yes. Under N.J.S.A. 2C:39-1, a machine gun is any firearm that shoots automatically more than one shot without manual reloading by a single trigger function. This includes converted semi-automatic weapons and parts designed to convert a firearm to automatic fire.
Is there a mandatory prison sentence for a machine gun charge?
Yes. A conviction under the Graves Act for a machine gun offense carries a mandatory minimum period of parole ineligibility, meaning you must serve a set number of years in state prison before being eligible for parole. For a second-degree crime, this is typically 5 years.
Can a machine gun charge be reduced or dismissed?
It depends. Dismissal or reduction is possible if the defense can successfully challenge the evidence. Common strategies include filing a motion to suppress the weapon due to an illegal search, challenging the forensic classification of the firearm, or negotiating a plea to a lesser, non-Graves Act offense based on the case’s specific weaknesses.
What should I do if I’m arrested for a machine gun offense?
First, exercise your right to remain silent and do not discuss the case with anyone except your attorney. Second, contact a criminal defense lawyer as early as possible. The steps taken in the first hours and days after an arrest are critical for building a defense, especially in preserving rights and evidence challenges.
Will I face federal charges as well?
It depends. Possession of a machine gun is also a federal crime under the National Firearms Act. While New Jersey state charges are more common, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can pursue parallel charges, especially in cases involving interstate commerce or multiple weapons. An experienced attorney can assess this risk.
Related Practice Areas: If you are facing other serious charges, our firm also defends clients against federal criminal charges and other weapons offenses in New Jersey.
Last verified: April 2026. Laws change — contact the Law Offices Of SRIS, P.C. at (609)-983-0003 for current guidance.
New Jersey law governs this practice area.
Your case in Essex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Essex County that is the Superior Court of NJ, Essex Vicinage (5th Vicinage), 50 West Market Street, Newark, NJ 07102, telephone (973) 776-9300, 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 N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Essex 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: Essex County NJ lawyers directory · Machine Gun Offense Lawyer in Middlesex County, NJ.