The New Jersey Plea-11 Supplemental Plea Form for Graves Act Offenses (N.J.S.A. 2C: 43-6c) is a document used to enter a plea in a criminal case related to a Graves Act Offense. The Graves Act requires mandatory minimum sentences for certain offenses involving the use of a firearm. The form is used to enter a plea of guilty or no contest to a Graves Act offense. The form includes information about the offense and the potential sentences, as well as the rights of the defendant that will be waived by entering a plea. There are two types of New Jersey Plea-11 Supplemental Plea Form for Graves Act Offenses (N.J.S.A. 2C: 43-6c): one for a defendant with a prior record, and one for a defendant without a prior record.
New Jersey Plea-11 Supplemental Plea Form for Graves Act Offenses (N.J.S.A. 2C: 43-6c)
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Plea-11 Supplemental Plea Form for Graves Act Offenses (N.J.S.A. 2C: 43-6c)
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The ?Graves Act ? is defined at N.J.S.A. 2C:43-6(c), and requires the imposition of a minimum term of imprisonment and parole ineligibility for certain gun-related crimes such as: Unlawful Possession of a Machine Gun, Handgun, Rifle or Shotgun, in violation of N.J.S.A. 2C:39-5(a), (b) or (c).
Possession of a weapon for an unlawful purpose is governed by New Jersey statute 2C:39-4. Under the statute, an individual who is in possession of a weapon, specifically a firearm, with the purpose to use it for an unlawful purpose against another individual is guilty of a crime of the second degree.
The purpose of the Graves Act is to create mandatory minimum sentences for many gun crimes. These mandatory minimums work to punish people for three main areas of offenses related to guns and firearms: Gun possession crimes. Use or possession of a firearm during the commission of another crime.
The Graves Act, codified at N.J.S.A. 2C:43-6, covers criminal offenses involving handguns, rifles, assault weapons ,machine funds, shotguns, and defaced firearms. A person can be charged under the Graves Act for offenses that include: Possessing a firearm without the required permits.
The waiver permits a departure from the mandatory minimum terms that must be imposed. If you have never been convicted of a weapons offense, you may be entitled to a Graves Act Waiver. Under N.J.S.A. 2C:43-6.2 , the prosecutor can submit a waiver application to the Judge to allow you to forgo any prison term.
Section 3 of the Attorney General Directive to Ensure Uniform Enforcement of the "Graves Act," issued on October 23, 2008, requires prosecutors to apply for an extended term of imprisonment and parole ineligibility in all cases where the defendant is eligible for the extended term by reason of a prior Graves Act
The ?Graves Act ? is defined at N.J.S.A. 2C:43-6(c), and requires the imposition of a minimum term of imprisonment and parole ineligibility for certain gun-related crimes such as: Unlawful Possession of a Machine Gun, Handgun, Rifle or Shotgun, in violation of N.J.S.A. 2C:39-5(a), (b) or (c).
The Graves Act was also expanded in 2008 to apply to unlawful possession of a handgun, unlawful possession of a rifle or shotgun and several other possessory weapons offenses.