Use Of A Firearm In Crime Of Violence Lawyer New Jersey — What Are Your Defense Options?
A charge for the use of a firearm in a crime of violence in New Jersey is a Graves Act offense under N.J.S.A. 2C:43-6(c), mandating significant prison time. This charge is often added to underlying crimes like robbery or assault, drastically increasing penalties. Law Offices Of SRIS, P.C. provides immediate legal help for these serious charges.
New Jersey Law on Use of a Firearm in a Crime of Violence
The “Graves Act,” codified at N.J.S.A. 2C:43-6(c), establishes mandatory minimum prison sentences for anyone convicted of certain crimes while in possession of a firearm. The statute specifically addresses the “use” of a firearm, which is broadly interpreted to include simply possessing it during the commission, attempted commission, or flight from a designated crime of violence. This is not a separate crime you are charged with; it is a sentencing enhancer that attaches to the underlying violent crime, such as robbery, aggravated assault, or kidnapping.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the Graves Act, refer to N.J.S.A. 2C:43-6 (New Jersey Legislature). For information on court procedures, visit the New Jersey Courts website.
Understanding the Local Court Process for Graves Act Charges
In New Jersey, a Graves Act allegation means your case will be heard in Superior Court (Criminal Division), not municipal court. Prosecutors are required by law to seek the mandatory prison term if you are convicted. The process is highly formal and the stakes are severe from the outset. An experienced lawyer can challenge the evidence of “use” or negotiate for a waiver of the mandatory minimum under the “escape valve” provision, N.J.S.A. 2C:43-6.2, which requires a prosecutorial motion and judicial approval.
- Arraignment & Initial Detention: You will be formally charged in Superior Court. Given the nature of the charge, the state will likely argue for pretrial detention.
- Discovery & Investigation: Your attorney will obtain all evidence, including police reports, witness statements, and forensic reports, to challenge the connection between the firearm and the alleged crime.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence (like an illegal search) or dismiss the Graves Act enhancer if the facts don’t support “use.”
- Negotiation & “Escape Valve” Application: Your attorney will negotiate with the prosecutor, potentially seeking a waiver of the mandatory minimum if circumstances allow, which requires a formal motion to the court.
- Trial or Disposition: If a favorable agreement cannot be reached, your case will proceed to a jury trial where the state must prove every element beyond a reasonable doubt.
- Sentencing: If convicted, the court must impose the Graves Act mandatory sentence unless a waiver has been granted.
Potential Penalties for Use of a Firearm in New Jersey
In New Jersey, a conviction for a crime of violence with a firearm under the Graves Act carries a mandatory minimum state prison sentence, with the length depending on the specific underlying crime.
| Underlying Crime Example | Graves Act Mandatory Minimum | Parole Ineligibility | Additional Consequences |
|---|---|---|---|
| Robbery (N.J.S.A. 2C:15-1) | 5 to 10 years in State Prison | Must serve 85% of sentence under No Early Release Act (NERA) | Permanent felony record, loss of firearm rights, steep fines, and parole supervision for life in some cases. |
| Aggravated Assault (N.J.S.A. 2C:12-1(b)) | 5 to 10 years in State Prison | Must serve 85% of sentence under NERA | Same as above, plus potential civil liability for injuries caused. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearms Charge 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 cases. Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand that a charge for use of a firearm in a crime of violence threatens your freedom for years. Our approach is direct and strategic, focusing on the specific facts of your case to find the most effective path forward, whether through challenging the state’s evidence or pursuing a negotiated resolution.
Case Results in Firearms and Violent Crime Defense
Our legal team has handled numerous cases involving serious weapons charges across New Jersey. While every case is unique, our focused defense strategies aim to protect our clients’ rights and futures. We work to challenge prosecutorial evidence, argue for the dismissal of sentencing enhancers, and negotiate for reduced charges where possible. For a legal consultation about your specific situation, contact us.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Use Of A Firearm In Crime Of Violence Charges
If you are facing a Graves Act charge in New Jersey, you need a lawyer who knows the local courts. Our New Jersey location is centrally positioned to serve clients across the state. We provide a use of a firearm in crime of violence lawyer near New Jersey residents who need immediate help. We serve communities throughout Monmouth County and surrounding areas.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-3900
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FAQs: Use of a Firearm in a Crime of Violence in NJ
What does “use of a firearm” mean under the Graves Act?
Yes. In New Jersey, “use” is interpreted broadly. You do not need to fire the weapon. Simply possessing a firearm during the commission, attempt, or immediate flight from a violent crime is enough for the Graves Act sentencing enhancer to apply, triggering mandatory prison time.
Is there any way to avoid the mandatory prison time?
It depends. The law has an “escape valve” (N.J.S.A. 2C:43-6.2). The county prosecutor can file a motion with the court to waive the mandatory minimum if they find it is in the “interests of justice.” A strong defense attorney can present compelling reasons for the prosecutor to make this motion, such as your lack of prior record or minor role in the offense.
Can I be charged if the gun wasn’t loaded or was a replica?
It depends. The law defines a firearm as any weapon capable of firing a projectile. An unloaded gun may still qualify. A replica or BB gun might be argued not to meet the legal definition, but this is a complex factual and legal issue that requires an attorney to analyze the specific item and circumstances of your case.
What should I do if I’m arrested for a crime involving a firearm?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. The statements you make can be used to prove both the underlying crime and the “use” of the firearm. Contact a criminal defense lawyer for legal help as soon as possible to begin protecting your rights.
How can a lawyer help with a Graves Act charge?
A lawyer provides critical legal help by investigating the arrest, challenging evidence (like illegal searches), negotiating with the prosecutor for a waiver or plea deal, and preparing a vigorous trial defense. An attorney’s goal is to get the Graves Act enhancer dropped or the underlying charge reduced to avoid the mandatory sentence.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
An use of a firearm in crime of violence case is one part of our New Jersey federal practice, and our page on federal criminal lawyer New Jersey covers how these matters are handled.