Newark Airport Weapon Charges
Our Former Prosecutors And Accomplished Criminal Lawyers Are Skilled In The Defense of Possession Offenses Involving A Stun Gun, Brass Knuckle, Handgun, BB/Pellet Gun, Knife or Other Weapon at Newark Airport
Newark Liberty International Airport is located in both Newark and Elizabeth New Jersey so a weapon charge arising at the facility can find its way to the Superior Court in either Essex County or Union County depending on where in the airport the related arrest took place. The criminal lawyers at our firm, the Law Offices of Jonathan F. Marshall, are highly skilled in the defense of gun and other weapon charges in either venue.
The list of items prohibited at Newark Airport is extensive and includes not only materials classically viewed as weapons, controlled dangerous substances (“CDS”) or contraband but also many that would not jump out as harmful or offense. The Transportation Security Administration (“TSA”) has outlined what you can bring in your carry on or checked bag/luggage. It is illegal to travel with items prohibited by the TSA or those which are otherwise unlawful to possess under New Jersey. Illegal weapons obviously fall within this description. Accordingly, you may be arrested for attempting to enter the airport, clear security or board a plane while in possession of a:
|Handgun||BB Gun||Compressed Air Gun|
|Brass Knuckles||Silencer||Billy Club or Blackjack|
|Nightstick||Explosives or Destructive Devices||Switchblade|
Common Elements In Proving Illegal Possession. The primary statute which is the basis for a Newark Airport weapons offense is N.J.S.A. 2C:39-3. This provision is commonly referred to as the Prohibited Weapons and Devices Law. There are generally three elements that must be established by the prosecutor to convict someone of possession of an illegal/prohibited weapon at Newark Liberty International Airport, including: (1) that the item was one that is prohibited by NJ or Federal Law; (2) it was actually or constructively possessed by the accused; and (3) the accused knew that he or she had possession of the weapon or device.
Degree of Offense & Penalties for Possessing A Handgun Or Other Illegal Weapon. Most weapon offenses arising at Newark Airport will result in a fourth degree crime including those where someone was apprehended with a stun gun, switch blade, billy club and brass knuckles. Possession of handcuffs is a disorderly persons offense. It is a second degree crime to possess a handgun without a New Jersey permit to carry. When the gun is fired by air, band or elastic such as an airsoft gun, bb gun or pellet gun, possession at the airport triggers a third degree crime.
A fourth degree crime for possessing a prohibited weapon carries a fine of up to $10,000 and up to 18 months in prison. The penalties for a third degree crime include up to 5 years of imprisonment and a fine of up to $15,000. When the weapon is a handgun and results in a second degree crime, the defendant is subject to a term of incarceration of 5-10 in prison and a fine of up to $150,000. Conviction for possessing an illegal handgun also results in application of the Graves Act and imposition of a mandatory period of parole ineligibility.
Diversion Programs. An individual can avoid the penalties previously set forth by successfully completing Pretrial Intervention. This program is limited to first time offenders facing a fourth or third degree crime.
Elizabeth Weapon Lawyer for Charges at Newark Airport
If you were arrested and charged with a gun or other weapon offense at Terminal A of Newark Airport, your charge is likely to be heard at the Union County Superior Court in Elizabeth. Almost all of the Terminal A falls within the City of Elizabeth so odds are that this is where you will have to answer for possession of a handgun, stun gun, pellet rifle, airsoft pistol or another weapon. The attorneys at the Law Offices of Jonathan F. Marshall have vast experience defending gun charges in Elizabeth, including those arising at Newark Airport. To speak to a defense lawyer on our team, including one of our former county prosecutors, contact our Union New Jersey Office. Lawyers are available 24/7 to discuss your case without obligation. Call 908-272-1700 to speak to an attorney with the know how to help you.