Machine Gun Offense Lawyer Hunterdon County — What Are Your Defense Options?
A machine gun offense in Hunterdon County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison with a presumption of imprisonment. Law Offices Of SRIS, P.C. provides a strong defense for these serious charges. Our machine gun offense lawyer Hunterdon County team is available 24/7. Call (888) 437-7747 for a consultation.
New Jersey Machine Gun Law
New Jersey has some of the strictest firearms laws in the nation. The possession, sale, or transfer of a machine gun is a severe indictable offense. The statute governing these crimes is N.J.S.A. 2C:39-5, which prohibits the unlawful possession of weapons, including machine guns. A machine gun is defined under N.J.S.A. 2C:39-1 as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger.
Last verified: April 2026 | Superior Court of NJ, Hunterdon Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of the aggressive prosecution of weapons charges in New Jersey courts. We use this experience to build effective defenses.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures for Hunterdon County are handled at the Superior Court of NJ, Hunterdon Vicinage in Flemington.
Defending a Machine Gun Charge in Hunterdon County
Prosecutors in the Hunterdon County Superior Court pursue machine gun charges aggressively due to the severe penalties. A key local procedural fact is that New Jersey abolished cash bail in 2017; pretrial release for a second-degree crime like this is determined by a Public Safety Assessment risk score, not money. The primary defense angle often involves challenging the legality of the search and seizure that led to the discovery of the firearm. Law enforcement must follow strict constitutional procedures. If they did not have a valid warrant or probable cause, the evidence may be suppressed.
- Initial Consultation & Case Review: Contact our firm as early as possible after arrest or charge. We analyze the police reports, search warrants, and evidence.
- Pretrial Motions: File motions to suppress evidence if the search was unconstitutional. Challenge the classification of the firearm.
- Negotiation & Strategy: Engage with the prosecutor to seek a reduction in charges, such as to a lesser weapons offense, based on case weaknesses.
- Trial Preparation: If no favorable plea is possible, prepare a vigorous trial defense, challenging the state’s evidence and witnesses.
- Sentencing Advocacy: If convicted, present mitigating factors to argue for a sentence at the lower end of the mandatory range.
Potential Penalties for a Machine Gun Offense in NJ
In Hunterdon County, a machine gun offense is a second-degree crime carrying 5 to 10 years in New Jersey state prison, with a presumption of imprisonment, and a fine of up to $150,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Loss of Firearms Purchaser ID Card; Permanent criminal record | Graves Act mandatory minimum; Parole ineligibility; Federal implications possible |
| Possession for Unlawful Purpose | Second-Degree Crime | 5-10 years | Up to $150,000 | Same as above | Enhanced penalties if linked to other crimes |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. We have a documented record of 4,739+ case results with a favorable outcome rate exceeding 93% firm-wide. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. For an affordable machine gun offense lawyer Hunterdon County residents can trust, our firm provides experienced representation focused on protecting your rights and future.
Case Results & Client Advocacy
While specific case results are confidential, our firm-wide track record demonstrates our commitment to vigorous defense. SRIS actively practices in Hunterdon County — firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. We approach each machine gun charge by meticulously examining the evidence, challenging procedural errors, and fighting for a favorable result.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Hunterdon County Residents
Law Offices Of SRIS, P.C. — New Jersey
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.
Our New Jersey location represents clients throughout Hunterdon County, including Flemington, Clinton, and Lambertville. While not located in Hunterdon, our attorneys are familiar with the local courts and procedures at the Superior Court in Flemington. We provide full legal support for those seeking a machine gun offense lawyer near me Hunterdon County. Contact us 24/7 to discuss your case.
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 can fire more than one shot automatically with a single trigger pull. This includes converted semi-automatic weapons. Mere possession is a second-degree crime.
Is there bail for a machine gun charge in NJ?
No. New Jersey abolished cash bail. For a second-degree crime, a judge will decide pretrial release based on a risk assessment score that considers flight risk and danger to the community. Detention is a strong possibility.
What are the main defenses to a machine gun charge?
It depends. Common defenses include challenging an illegal search (Fourth Amendment), proving the firearm is not a machine gun as defined by law, lack of knowledge or possession, or demonstrating lawful ownership under very limited federal exceptions (which are rarely applicable in NJ).
Can a machine gun charge be reduced or dismissed?
Yes. Through pretrial motions to suppress evidence or negotiations with the prosecutor, charges may be reduced to a lesser offense, such as a disorderly persons offense, or dismissed entirely if the state’s case is weak. Early attorney involvement is key.
Will I go to prison if convicted?
There is a presumption of imprisonment for a second-degree crime in NJ. A prison sentence of 5-10 years is the statutory range. An experienced lawyer can argue mitigating factors to seek a sentence at the lower end or explore alternatives like Drug Court if applicable.
Your case in Hunterdon 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 Hunterdon County that is the Superior Court of NJ, Hunterdon Vicinage (13th Vicinage), 65 Park Avenue, Flemington, NJ 08822, telephone (908) 824-9750, 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 Hunterdon 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: Hunterdon 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.