Are There Mandatory Minimum Sentences for Gun Crimes in New Jersey?

Yes. Many gun crimes in New Jersey carry mandatory minimum prison sentences under a law known as the Graves Act. In some cases, a person can face years without parole eligibility even if the firearm was never used or discharged.

At The Law Offices of Christopher St. John, our weapons charge attorneys represent individuals facing gun and firearm charges in Marlton and throughout Southern New Jersey. The information below outlines when mandatory minimum sentences may apply and whether exceptions are available in some cases.

What Is the Graves Act?

The Graves Act is a New Jersey law that requires mandatory minimum prison sentences for many firearm-related offenses. It applies to several gun crimes, including:

• Unlawful possession of a handgun
• Possession of a firearm for an unlawful purpose
• Certain violent crimes involving a firearm
• Possession of prohibited weapons
• Firearm charges involving individuals prohibited from owning guns because of prior Convictions

These charges often carry a mandatory period of parole ineligibility, meaning the person must serve part of the sentence before becoming eligible for release.

The Graves Act can apply even if the firearm was never used or discharged. In some situations, simply possessing a firearm without the proper permit can trigger mandatory prison exposure under New Jersey law.

Because the law requires minimum prison terms for many firearm offenses, judges may have limited ability to impose lighter sentences.

What Sentences Can Apply Under the Graves Act?

The sentence for a Graves Act offense depends on the specific charge and whether the offense is classified as a first-, second-, third-, or fourth-degree crime.

For many Graves Act offenses, the mandatory minimum is 42 months in prison or one-third to one-half of the sentence imposed, whichever is greater.

For example, unlawful possession of a handgun is commonly charged as a second-degree offense in New Jersey. A conviction can carry a prison sentence of five to ten years, along with a mandatory minimum sentence under the Graves Act.

More serious firearm offenses or charges involving prior criminal convictions can lead to significantly longer prison exposure.

Can Mandatory Minimum Sentences Be Avoided?

In some situations, prosecutors may agree to a Graves Act waiver that reduces or avoids the mandatory minimum sentence. Waivers are sometimes considered for first-time offenders or cases involving mitigating circumstances.

If a waiver is granted, the court may reduce the mandatory sentence or allow an alternative outcome such as probation. Some out-of-state gun owners who legally possess a firearm in their home state may also qualify for diversionary programs in limited situations.

However, a waiver isn’t automatic. Prosecutors have significant discretion in deciding whether to approve one, and the facts of the case can heavily influence the outcome.

Understanding Your Legal Options After a Gun Charge

Some New Jersey gun charges carry mandatory prison sentences under the Graves Act. Because these laws can limit sentencing flexibility, determining whether a waiver applies can affect a person’s exposure to mandatory prison time.

Our legal team works with clients throughout Southern New Jersey to address issues under the Graves Act and other gun-related charges. If you have questions about your case or are dealing with a gun-related charge, call 856-517-2958 or contact us online for a free consultation.