Hackensack Gun Crime Defense Attorney Adam M. Lustberg Explains New Jersey Graves Act Mandatory Penalties and Legal Defenses

HACKENSACK, NJ - Individuals charged with firearm offenses in New Jersey face stringent statutory penalties under the Graves Act, which mandates minimum prison terms without parole eligibility for qualifying convictions. Hackensack gun crime defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/nj-2c-43-6-graves-act-explained/) is clarifying how N.J.S.A. 2C:43-6(c) operates, which offenses trigger mandatory minimums, and what legal strategies exist to challenge charges or seek waiver relief.

According to Hackensack gun crime defense attorney Adam M. Lustberg, unlawful possession of a handgun under N.J.S.A. 2C:39-5(b) remains the most frequent charge that triggers Graves Act provisions. Under state law, possessing a handgun without a valid carry permit is classified as a second-degree crime carrying five to ten years in state prison, with a mandatory parole-ineligibility period of at least 42 months or one-half of the sentence imposed, whichever is greater. "Many individuals are surprised to learn that a Graves Act charge carries mandatory prison time regardless of whether the firearm was loaded or used during an alleged incident," explains Lustberg.

Hackensack gun crime defense attorney Adam M. Lustberg points out that the Graves Act extends beyond handguns to encompass a defined range of firearm offenses, including unlawful possession of machine guns, assault weapons, possession for an unlawful purpose, rifles, shotguns, and firearm offenses committed during controlled-substance activities. Third-degree offenses generally carry a 42-month parole bar, while fourth-degree offenses require a minimum 18-month term of parole ineligibility before parole consideration becomes possible.

Attorney Lustberg emphasizes that while the Graves Act removes most judicial discretion during sentencing, statutory relief remains available under N.J.S.A. 2C:43-6.2 through a formal waiver request. If a prosecutor applies for relief or consents to a court referral, the assignment judge possesses the authority to place the defendant on probation or reduce the mandatory parole-ineligibility period to one year. "Securing a waiver requires presenting compelling mitigating factors, such as the absence of a prior criminal record, a demonstrated lawful purpose, or specific equities showing that a mandatory prison sentence would not serve the interests of justice," notes Lustberg.

The firm stresses that constitutional and factual defenses can significantly alter the outcome of a Graves Act prosecution. Fourth Amendment suppression motions represent a primary defense avenue when law enforcement obtains a weapon through an unlawful traffic stop, an unconstitutional vehicle search, or a warrantless home entry. If the court grants a motion to suppress evidence, the firearm becomes inadmissible at trial, often leaving prosecutors without the necessary evidence to sustain the prosecution.

In addition, issues concerning knowing possession frequently arise when firearms are discovered in shared vehicles or residences. To secure a conviction for constructive possession, prosecutors must prove beyond a reasonable doubt that the accused knew the firearm was present and exercised control over it. For out-of-state residents, New Jersey does not honor out-of-state gun permits, and while the federal Firearm Owners Protection Act under 18 U.S.C. Section 926A offers limited transport protection, the statute requires strict adherence to storage and travel requirements.

Lustberg Law Offices, LLC guides clients through every phase of the criminal justice process, from initial detention hearings under the Criminal Justice Reform Act to grand jury proceedings, pre-trial motions, and trial. The firm routinely handles firearm cases in Bergen County Superior Court and in judicial districts throughout the state.

"Early legal intervention is critical in Graves Act cases because crucial defense opportunities, including suppression motions, waiver applications, and plea negotiations, take shape during the pre-trial phase," adds Attorney Lustberg. "Proactively challenging the state's evidence before trial can create leverage for charge reductions or favorable disposition agreements."

For individuals facing firearm charges or Graves Act allegations in New Jersey, retaining knowledgeable legal counsel may provide essential guidance to protect constitutional rights and minimize potential sentencing consequences.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based criminal defense law firm dedicated to defending individuals facing criminal charges across Bergen County and all of New Jersey. Led by attorney Adam M. Lustberg, who has focused exclusively on criminal defense since earning his law degree from Seton Hall University School of Law in 2004, the firm represents clients charged with firearm possession, controlled-substance offenses, violent crimes, and complex felonies. For consultations, call (201) 880-5311.

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