HACKENSACK, NJ - A Graves Act charge in New Jersey can mean a mandatory minimum prison sentence with no chance of early parole, even for individuals with no prior criminal record. New Jersey gun crime attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/gun-crime-lawyer-nj/graves-act/) details how the Graves Act operates, which offenses it covers, and what options may be available to avoid or reduce the mandatory minimum through the waiver process or Pretrial Intervention.
According to New Jersey gun crime attorney Adam M. Lustberg, the Graves Act is a sentencing law originally passed in 1981 and expanded in 2008 to cover additional possessory weapons offenses, including unlawful possession of a handgun without a permit. A person convicted of a Graves Act offense must serve a fixed minimum portion of their sentence before becoming eligible for parole, and the judge has no discretion to impose probation or a suspended sentence unless the prosecution applies for a formal waiver. "Standard mitigating factors like a clean record, steady employment, or family responsibilities do not by themselves allow the court to withhold prison time once the Graves Act is in play," Lustberg explains.
New Jersey gun crime attorney Adam M. Lustberg notes that the Graves Act applies in two main situations. First, it covers specific possessory firearms offenses such as unlawful possession of a handgun under N.J.S.A. 2C:39-5(b), possession of a sawed-off shotgun, possession of a defaced firearm, possession of a firearm during a drug distribution offense, and certain persons not to have weapons under N.J.S.A. 2C:39-7. Second, it applies when a defendant uses or possesses a firearm during the commission of certain violent crimes, including murder, manslaughter, aggravated assault, kidnapping, robbery, burglary, and escape. It does not matter whether the gun was loaded or unloaded, or whether it was displayed or fired.
Attorney Lustberg adds that penalties depend on the degree of the underlying crime. A second-degree firearms offense such as unlawful handgun possession typically carries a five-year sentence with a mandatory minimum of 42 months before parole eligibility. First-degree offenses carry 10 to 20 years with a mandatory minimum of five years or between one-third and one-half of the sentence imposed, whichever is greater. Third-degree offenses carry 3 to 5 years with a mandatory minimum of one-third to one-half of the sentence or three years, whichever is greater. Fourth-degree offenses carry an 18-month mandatory minimum.
The firm explains that the Graves Act waiver under N.J.S.A. 2C:43-6.2 is the primary mechanism for avoiding or reducing the mandatory minimum. The county prosecutor, not the defendant, must file the motion asking the court to waive the mandatory minimum. To qualify, the defendant cannot have any prior Graves Act convictions, and the prosecutor must determine that the interests of justice would not be served by imposing the full mandatory minimum. If the waiver is granted, the judge can reduce the parole ineligibility term to one year, impose probation, or allow entry into Pretrial Intervention.
Lustberg points out that the 2008 Attorney General's Directive gave prosecutors discretion to offer first-time offenders a reduced sentence of one year without parole eligibility rather than the standard 42-month minimum. However, prosecutors are not required to follow it, and each county applies the directive differently. "Knowing how a particular county's prosecutor's office evaluates waiver applications can make an enormous difference in how these cases resolve," he notes.
Pretrial Intervention is available in Graves Act cases only under extraordinary circumstances, and it requires the prosecutor's consent. The 2014 Attorney General's Clarification identified factors that may support PTI eligibility, such as minimal exposure of the firearm to others, an isolated incident out of character for the defendant, voluntary disclosure to law enforcement, surrender of an unloaded weapon, and confusion about the differences between New Jersey gun laws and the laws of the defendant's home state. These factors are particularly relevant for out-of-state residents who bring legally owned firearms into New Jersey without realizing they need a separate New Jersey permit.
Attorney Lustberg observes that defense strategies in Graves Act cases often focus on challenging the search and seizure that produced the firearm, disputing knowing possession in cases involving shared vehicles or common areas, and identifying constitutional violations during arrest or interrogation. A successful suppression motion can lead to dismissal because the prosecution cannot proceed without the physical evidence. Under New Jersey Supreme Court Directive #10-80, plea bargaining in Graves Act cases is also tightly restricted, and any sentence imposed in violation of those limitations is considered illegal and can be corrected at any time.
The firm serves clients throughout Bergen County including Hackensack, Teaneck, Fort Lee, Englewood, Paramus, Ridgewood, Garfield, Lodi, and Fair Lawn, and handles firearms cases in Hudson County, Passaic County, Essex County, and statewide. For those facing Graves Act charges, prompt legal representation is essential because the mandatory minimum sentences leave little room for error and the long-term consequences of conviction include a permanent felony record and loss of firearm rights under both New Jersey and federal law.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm focused exclusively on criminal defense, including Graves Act cases, unlawful possession charges, and other firearms-related matters. Led by attorney Adam M. Lustberg, the firm represents clients at the Bergen County Superior Court in Hackensack and in courts throughout New Jersey. The office is located at One University Plaza Drive, Suite 212, in Hackensack. For consultations, call (201) 880-5311.
Email: alustberg@lustberglaw.com
Media Contact
Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/
COMTEX_483267020/2888/2026-06-08T09:21:57
