Mercer County Machine Gun Offense Lawyer — What Are Your Defense Options?
A machine gun offense in Mercer County is a serious federal and state crime under the National Firearms Act and N.J.S.A. 2C:39-4a, carrying mandatory prison sentences. Law Offices Of SRIS, P.C. provides a strong defense for these charges. You need an experienced machine gun offense lawyer Mercer County to protect your rights and challenge the prosecution’s evidence. Contact us as early as possible for a case review.
What Is a Machine Gun Offense Under New Jersey Law?
In New Jersey, a machine gun offense is defined by N.J.S.A. 2C:39-1(m) and N.J.S.A. 2C:39-4a. The law defines a machine gun as any firearm that can fire more than one shot automatically, without manual reloading, by a single function of the trigger. This includes fully automatic weapons and any parts designed to convert a semi-automatic firearm into a machine gun. Possession, manufacture, transportation, or sale of such a weapon without proper federal registration and a New Jersey permit is a crime. These charges are often prosecuted at both the state and federal levels, significantly increasing the potential consequences.
Last verified: April 2026 | Mercer County Superior Court | New Jersey Legislature
Official Legal Resources
Understanding the statutes is critical. You can review the official New Jersey criminal code defining firearms offenses at the New Jersey Legislature website. For information on court procedures in Mercer County, visit the New Jersey Courts website.
Local Court Procedures and Defense Strategy in Mercer County
Machine gun cases in Mercer County are typically heard in the Superior Court, Law Division, due to the severity of the charges. The Mercer County Prosecutor’s Office handles these cases aggressively, often seeking indictments for second-degree crimes. A key local procedural fact is that prosecutors will heavily rely on forensic analysis from the New Jersey State Police Ballistics Unit to prove the firearm’s automatic capability. Your defense must begin with a meticulous challenge of the search and seizure that led to the discovery of the weapon, as Fourth Amendment violations are a primary avenue for suppression.
- Secure Immediate Legal Representation: Do not speak to investigators. Contact a lawyer the moment you are aware of an investigation or charges.
- Case Assessment & Evidence Review: Your attorney will obtain discovery, scrutinize the search warrant affidavit, and review all forensic reports for errors or chain-of-custody issues.
- Motion to Suppress: File a motion to suppress evidence if the weapon was found through an illegal search or seizure, which can lead to the dismissal of charges.
- Challenge the Classification: Work with independent ballistics professionals to contest the state’s claim that the firearm meets the legal definition of a machine gun.
- Negotiation & Trial Preparation: Based on the strength of the evidence, your lawyer will negotiate for a reduction or prepare a vigorous trial defense focusing on reasonable doubt.
Potential Penalties for a Machine Gun Conviction
In Mercer County, a machine gun offense is a second-degree crime typically punishable by 5 to 10 years in state prison, with a mandatory minimum period of parole ineligibility.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | 2nd Degree Crime | 5-10 years (State Prison) | Up to $150,000 | Graves Act mandatory minimum; permanent felony record; loss of firearm rights. |
| Manufacture/Sale of a Machine Gun | 1st or 2nd Degree Crime | 10-20 years (State Prison) | Up to $200,000 | Graves Act mandatory minimum; federal prosecution likely. |
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 record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the technical and legal details of firearms cases and are prepared to mount an aggressive defense from the initial investigation through trial. Our approach is direct and focused on protecting your freedom.
Our Approach to Machine Gun Offense Cases
Our defense strategy is built on immediate action and detailed investigation. For a machine gun offense, this involves securing independent ballistics testing, challenging the legality of the police stop and search, and examining the weapon’s history and registration status. We have a documented record of challenging forensic evidence and securing favorable outcomes for clients facing severe charges. In contested cases, having an affordable machine gun offense lawyer Mercer County who is also prepared for trial is critical.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Mercer County Defense Team
If you are searching for a machine gun offense lawyer near me Mercer County, our firm is accessible. We serve clients throughout Mercer County, including Trenton, Hamilton, Lawrence, and Ewing. We offer 24/7 phone consultations.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions (Machine Gun Charges)
Is possession of a machine gun always a felony in New Jersey?
Yes. Under N.J.S.A. 2C:39-4a, possession of a machine gun is a second-degree crime, which is the equivalent of a felony. It carries a mandatory state prison sentence under the Graves Act.
Can I be charged if the gun was not working or was a replica?
It depends. The prosecution must prove the firearm was operable or readily restorable to operability. A non-functional replica may not meet the legal definition, but charges could still be filed for attempted possession or other weapons offenses based on intent.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6c) mandates minimum periods of parole ineligibility for certain firearms offenses, including those involving machine guns. For a second-degree machine gun possession, it requires a minimum of 3 to 5 years in prison before parole eligibility.
Will I also face federal charges?
It is very likely. The National Firearms Act (NFA) is a federal law. State and federal authorities often cooperate on these cases. You need a defense team experienced in both state and federal courts to handle simultaneous prosecutions.
What are the main defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), proving lack of knowledge or possession, disputing the firearm’s classification as a machine gun via experienced testimony, and questioning the chain of custody of the evidence.
Attorney advertising. Prior results do not guarantee a similar outcome.
New Jersey law governs this practice area.
Your case in Mercer 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 Mercer County that is the Superior Court of NJ, Mercer Vicinage (7th Vicinage), 175 South Broad Street, Trenton, NJ 08650, telephone (609) 571-4200, 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 Mercer 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: Mercer 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.