What is the Graves Act, and How Does it Apply to Firearm Offenses?

Firearm offenses are taken seriously in New Jersey. Because of this, the state has enacted the Graves Act. The Graves Act (N.J.S.A. 2C:43-7.2) is a New Jersey statute that mandates harsh minimum prison sentences for certain firearm-related offenses. The Graves Act is designed to deter gun-related crimes and limit early release. The law removes much of a judge’s discretion at sentencing and requires defendants to serve mandatory periods of incarceration before becoming eligible for parole.

Under the Graves Act, a person convicted of a qualifying offense must serve at least 42 months (3½ years) or one-third of the imposed sentence, whichever is greater, without parole. In more serious cases, especially those involving violent crimes or prior convictions, the mandatory minimum may be five years or more.

Crimes Covered by the Graves Act

The law applies to a wide range of offenses involving firearms, including:

• Unlawful possession of a handgun or weapon.
• Possession of a firearm for an unlawful purpose.
• Armed robbery.
• Aggravated assault with a firearm.
• Certain drug offenses committed while armed.
• Use of a firearm during the commission of an indictable offense.

Even mere possession, without firing or brandishing the weapon, can trigger Graves Act penalties.

Sentencing

Once the Graves Act applies, judges generally cannot reduce or suspend the mandatory sentence. The only meaningful relief typically comes from the prosecutor, not the court.

In some cases, prosecutors may offer a Graves Act waiver, allowing a reduced sentence or probation. These waivers are not automatic and are usually reserved for first-time offenders, non-violent conduct, or cases involving technical possession issues. Prosecutors may also agree to downgrade an indictable offense to a disorderly persons offense to avoid mandatory prison time.

FAQs

Q: Does the Graves Act apply if the gun was not used?

A: Yes. Possession alone, even without firing or threatening anyone, can trigger Graves Act penalties.

Q: Is probation possible under the Graves Act?

A: Generally, no. Mandatory prison time is required unless the prosecutor agrees to a waiver or downgrade.

Q: Can a first-time offender avoid jail under the Graves Act?

A: Possibly. First-time offenders may be eligible for a Graves Act waiver by the prosecutor, but approval is discretionary and depends on the facts of the case.

Q: Does the Graves Act apply to out-of-state gun owners?

A: Yes. Lawful ownership in another state does not protect someone from Graves Act charges in New Jersey.

Q: Can Graves Act charges be expunged?

A: Most Graves Act convictions are not eligible for expungement, especially those involving serious firearm offenses.

Contact Us Today

Firearm offenses result in strict penalties, especially in New Jersey. The Graves Act is one of the strictest firearms sentencing laws in the country. There are mandatory prison sentences involved, so there is a lot at stake.

You do not have to face your criminal charges alone. A Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John is ready to assist you. We will skillfully handle your weapons charges. Schedule a consultation today so we can begin working to have the criminal charges that you face either reduced, dismissed, or deferred. Contact us via (856) 716-5427 or online here.