Machine Gun Offense Lawyer in Middlesex County, NJ — What Are Your Options?
A machine gun offense in Middlesex County is a second-degree crime under N.J.S.A. 2C:39-5(a), 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 federal and state charges. If you need a machine gun offense lawyer near me in Middlesex County, contact us for a consultation.
Statutory Definition of Machine Gun Offenses in New Jersey
New Jersey law strictly prohibits the possession, manufacture, transport, shipment, sale, or disposal of a machine gun. A machine gun is defined under N.J.S.A. 2C:39-1(i) as any firearm, mechanism, or instrument that can discharge more than one shot automatically, without manual reloading, by a single function of the trigger. This includes parts designed and intended for converting a firearm into a machine gun. Possession of such a weapon is a second-degree crime, regardless of whether the defendant has a permit to carry a handgun or a firearms purchaser identification card.
Last verified: April 2026 | Superior Court of NJ, Middlesex Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute, see N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures are handled by the Superior Court of NJ, Middlesex Vicinage.
Insider Procedural Edge in Middlesex County
Machine gun charges in Middlesex County are prosecuted aggressively by the Middlesex County Prosecutor’s Office and may also involve federal authorities like the ATF. These cases often begin with a joint investigation. The key local procedural fact is that New Jersey abolished cash bail in 2017; pretrial release for a second-degree crime like this hinges on a Public Safety Assessment risk score. Given the severity, securing experienced counsel immediately is critical to argue for pretrial release and begin challenging the evidence.
- Secure representation immediately upon arrest or learning of an investigation.
- Your attorney will file for a detention hearing to argue for your release pending trial.
- Counsel will conduct a thorough discovery review, often challenging the legality of the search or seizure.
- Explore all pretrial motions to suppress evidence or dismiss charges.
- Negotiate with prosecutors for a potential plea to a lesser offense, if appropriate.
- Prepare for trial in Middlesex County Superior Court if no acceptable resolution is reached.
Penalties for Machine Gun Offenses
In Middlesex 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 significant fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Permanent forfeiture of firearms privileges | Graves Act mandatory minimum parole ineligibility; federal charges possible |
| Manufacture/Transport/Sale | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Permanent forfeiture of firearms privileges | Graves Act mandatory minimum; potential federal prosecution |
Results may vary. Prior results do not aim for 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 complex criminal defense. Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes. We understand the severe implications of a machine gun charge and provide a focused, strategic defense.
Case Results and Approach
While specific case results are confidential, our approach in Middlesex County involves immediate action to protect your rights. We scrutinize the chain of custody of the evidence, challenge the legality of the search warrant or vehicle stop, and examine ATF classification reports. We work to expose weaknesses in the prosecution’s case, aiming for reduced charges or dismissal. Results may vary. Prior results do not aim for a similar outcome.
Contact Our Middlesex County Machine Gun Offense Lawyers
Our New Jersey location serves clients throughout Middlesex County, including New Brunswick, Edison, Woodbridge, Old Bridge, and Piscataway. We are accessible via the NJ Turnpike and Route 1.
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.
Frequently Asked Questions
What is considered a machine gun under NJ law?
It is any firearm that fires more than one shot automatically with one trigger pull, including conversion kits. This definition is under N.J.S.A. 2C:39-1(i).
Is possession of a machine gun a federal or state crime?
It can be both. New Jersey will prosecute under state law, often in Middlesex County Superior Court. The federal government may also prosecute under the National Firearms Act (NFA) in U.S. District Court for the District of New Jersey, skilled to separate, consecutive sentences.
What are the defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), proving the item is not a legally defined machine gun, lack of knowledge or possession, and entrapment. An experienced machine gun offense lawyer in Middlesex County can evaluate the best strategy.
Can I get bail on a machine gun charge in Middlesex County?
No. New Jersey uses a risk-based Public Safety Assessment, not cash bail. For a second-degree crime, the court will hold a detention hearing. A strong argument by your attorney is needed to secure pretrial release.
Where can I find an affordable machine gun offense lawyer Middlesex County?
Law Offices Of SRIS, P.C. offers competitive fee structures and payment plans. Contact us at (888) 437-7747 to discuss your case and our affordable representation options for a machine gun offense lawyer near me in Middlesex County.
Internal Resources
For more information, see our New Jersey Criminal Defense hub page. We also assist with related matters like federal weapons charges in Bergen County and DUI defense in Middlesex County.
Page last verified and updated: April 2026. Laws change frequently. For current guidance, contact Law Offices Of SRIS, P.C.