Gun Crimes

Gun Crimes Lawyer in Monmouth County

State & Federal Weapons Defense from Freehold to Federal Court

A weapons charge in New Jersey carries consequences that begin the moment of arrest. Mandatory minimum prison terms, parole ineligibility, and a permanent record make gun charges among the most serious matters handled at the Monmouth County Superior Court. At Law Offices of Carlos Diaz-Cobo, we’ve defended clients in state and federal criminal cases since 2006, and our founder is a Certified Criminal Trial Lawyer recognized by the New Jersey Supreme Court, a distinction held by fewer than 2% of New Jersey attorneys.

Our firm is admitted to practice in New Jersey state courts and in federal court, including the U.S. Court of Appeals for the Third Circuit and the United States Supreme Court. That range matters in weapons cases, which can begin in county court and escalate into federal prosecution depending on the circumstances.

If you’re facing gun or weapons charges in Monmouth County, contact us today for a free consultation. Call (848) 207-2709 to speak with our team.

Common New Jersey Weapons Charges

Nearly all firearms offenses under New Jersey’s criminal code are indictable crimes, the state’s equivalent of felonies, handled in Superior Court rather than municipal court. Four statutes come up most often in Monmouth County cases:

N.J.S.A. 2C:39-5 (Unlawful Possession of a Weapon): Covers possession of a handgun, rifle, or shotgun without the required permit or firearms purchaser identification card. A handgun charge is typically a second-degree crime, carrying 5 to 10 years in prison and fines up to $150,000.
N.J.S.A. 2C:39-4 (Possession for an Unlawful Purpose): Applies when the state alleges a weapon was possessed with intent to use it unlawfully against a person or property. This charge frequently accompanies other offenses.
N.J.S.A. 2C:39-3 (Prohibited Weapons and Devices): Covers sawed-off shotguns, defaced firearms, and weapons without serial numbers. These offenses are typically third-degree crimes, carrying up to 5 years in prison and fines up to $15,000.
N.J.S.A. 2C:39-7 (Certain Persons Not to Possess Weapons): Applies to individuals with certain prior convictions who are prohibited from possessing any firearm or other weapon.

The Graves Act & Mandatory Minimum Sentences

New Jersey’s Graves Act (N.J.S.A. 2C:43-6) may impose mandatory minimum prison terms on defendants convicted of certain firearms offenses. For most qualifying second-degree gun crimes, that minimum may be 42 months before parole eligibility, or one-third to one-half of the imposed sentence, whichever is greater. Fourth-degree weapons offenses may carry an 18-month mandatory minimum. The court may have limited discretion to sentence below these floors without specific legal authorization.

One point worth knowing: a lawfully owned firearm and a valid out-of-state carry permit don’t exempt anyone from Graves Act exposure in New Jersey. The state’s firearms laws apply regardless of what another state permits.

Graves Act Waiver & Pretrial Intervention

Two forms of relief may be available in limited circumstances. A Graves Act Waiver, authorized under N.J.S.A. 2C:43-6.2, allows a prosecutor to petition the court to reduce or eliminate the mandatory minimum, typically when the defendant has no prior weapons convictions. Pretrial Intervention (PTI), a diversionary program that may result in dismissal of charges, is rarely available in Graves Act cases. However, the New Jersey Attorney General has issued a directive giving prosecutors discretion to offer PTI to certain out-of-state permit holders who were unaware of New Jersey’s firearms laws. Neither option is automatic; whether either applies depends on the specific facts of the charge.

How Weapons Cases Move Through Monmouth County Courts

Indictable weapons charges typically enter the system through municipal court, where a judge may make an initial probable cause determination and set pretrial release conditions. The matter is then forwarded to the Monmouth County Prosecutor’s Office for review and potential grand jury action. If indicted, the case moves to the Monmouth County Superior Court in Freehold for further proceedings. The period between arrest and indictment is where early legal involvement can significantly affect the trajectory of a case.

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Carlos Diaz Cobo is one of the most experienced and talented criminal defense attorneys in the state. Highly recommend for anyone in trouble with the law. His track record speaks for itself.

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“Best lawyer I have ever hired! Others tried to scare me into horrible scenarios. Mr. Diaz-Cobo was so reasonably priced from the start and reassured me that it would all be fine. And it was... he got the case dismissed completely!”

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Excellent criminal defense office. The lawyer fights hard for clients. The secretary (Karen) is very efficient, a very good collaborator and super friendly. I recommend this office 100%.

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Carlos and his team were both wonderful to work with and extremely good at what they do. Thank you for driving a great outcome!

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Carlos has helped improve my life in multiple ways. I would never have been able to achieve where I’m at today without him. I now have a successful life and future.

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Excellent criminal lawyer, when everyone did not give me hope about my case and advised me to plead guilty, he with his experience and professionalism took me to trial and we won. Recommended 100 percent.

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Top-Tier Defense for Serious Charges Experienced, Relentless, and Committed to Winning Your Case

When facing serious criminal charges, you need a relentless, trial-ready defense. As a Certified Criminal Trial Lawyer and award-winning attorney, Carlos Diaz-Cobo has the experience, reputation, and courtroom skill to fight for the best outcome in your case.

See What Sets Us Apart

Credentials That Apply Directly to Weapons Charges

Gun and weapons cases demand a defense attorney who knows both the statutes and the courts where those charges are resolved. Our founder was named a Top 100 Criminal Defense Attorney in New Jersey by the National Trial Lawyers Association in 2023 and holds the Certified Criminal Trial Lawyer designation from the New Jersey Supreme Court. Those credentials reflect a career built on felony-level criminal defense, not a general practice with the occasional weapons case.

Our admissions span New Jersey Superior Court, federal district court, the U.S. Court of Appeals for the Third Circuit, and the United States Supreme Court. For clients whose charges carry federal exposure, that reach matters. Our founder is also one of the few Latino attorneys in the area focusing on criminal defense, and we serve Spanish-speaking clients throughout Monmouth County and across New Jersey.

Speak with a Gun Crimes Attorney at No Cost

Weapons charges move quickly. The decisions made in the first days after an arrest can shape every stage that follows. A free consultation gives you the information you need to understand your options before anything is locked in.

Call (848) 207-2709 to schedule a free consultation with our team at Law Offices of Carlos Diaz-Cobo.

Defending Against New Jersey Gun Possession Charges

Many weapons cases originate from a stop, search, or seizure, which makes the constitutionality of how police obtained the firearm a central question in the defense. If the search violated the Fourth Amendment, suppression of the weapon may be available, and without the weapon, the state’s case may weaken significantly.

Unlawful possession under N.J.S.A. 2C:39-5 is a possessory offense. The state doesn’t need to show the weapon was displayed or used; it only needs to prove knowing possession. That narrow focus creates specific points of attack: whether the defendant actually knew the weapon was present, whether possession was knowing rather than accidental or unwitting, and whether the circumstances fall within a statutory exception for transportation or other lawful activity.

Every weapons case is fact-specific. Reviewing how the firearm was found, who had access to it, and whether any applicable exceptions apply is where the defense analysis begins.

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