Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

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How Social Media Can Potentially Hurt Your Case

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What Happens if You Aren’t Read Your Rights When Arrested?

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Experienced Weapons Possession Lawyer Defends Clients against Gun Charges in Atlantic City, NJ


If you or a loved one has been charged with a firearms offense in New Jersey, you need a tough and experienced local criminal defense attorney. New Jersey gun laws are among the harshest in the country, imposing mandatory prison terms for weapons possession convictions.

John W. Tumelty is the lawyer you want on your side when you are facing serious criminal charges in New Jersey. He is the founding partner of the Law Offices of John W. Tumelty, a highly respected South Jersey law firm. He is also a knowledgeable former prosecutor who knows the NJ legal system, which gives him a huge advantage when defending you against your weapons charges. While serving with the Atlantic County Prosecutor’s Office, Mr. Tumelty prosecuted major felony crimes, including armed robbery and weapons offenses. Now he appears in South Jersey courtrooms on a daily basis as a criminal defense attorney, representing clients who face weapons charges for guns, knives, blackjacks, and other prohibited weapons throughout Atlantic and Cape May counties.

How Serious are Illegal Gun Penalties in New Jersey?

The main weapons offense charges in New Jersey include:

  • Unlawful possession of a weapon: You cannot possess certain weapons in New Jersey without a valid permit.
  • Illegal possession of a firearm: You must have a valid permit or firearms license in order to carry a handgun, machine gun, rifle, shotgun, or other firearm in the State of New Jersey.
  • Possession of paintball guns, BB guns, and Airsoft guns: NJ law criminalizes the possession of air guns and spring guns without a lawful permit.
  • Certain persons offenses: New Jersey law prohibits certain persons, such as individuals convicted of violent crimes, from possessing a weapon.
  • Possession of a weapon for an unlawful purpose: You cannot have a weapon for the express purpose of using it unlawfully against another person or for the purpose of committing a crime.
  • Unlawful disposition of a firearm: It is against the law to manufacture, transport, ship, sell, or dispose of certain dangerous weapons within New Jersey state lines. It is also illegal to transport firearms into the state for an unlawful sale or transfer.

The penalties for weapons possession in New Jersey are severe, with NJ prosecutors often seeking maximum punishments in gun cases. For example, illegal handgun possession can be classified as a second degree felony offense. This means that if you are convicted, you may be sentenced to between five and 10 years in NJ State Prison. Additionally, the charge carries a presumption of incarceration, meaning that even first-time offenders will be subject to the harshest possible penalties.

Enhanced penalties may apply in certain weapons offense cases. Under state law, Graves Act offenses carry mandatory prison terms and extended periods of parole ineligibility. The Graves Act applies to most illegal gun possession charges in the State of New Jersey, as well as offenses involving the use of a firearm during the commission of a violent crime such as armed robbery, burglary, kidnapping, aggravated assault, and sexual assault.

Advanced Defense Strategies to Beat Your Gun Charges

Mr. Tumelty has advanced defense strategies that he can use to help you avoid the most significant penalties for a weapons offense in Atlantic and Cape May counties and throughout New Jersey. For example, Mr. Tumelty will review the circumstances of your arrest and ensure that your constitutional rights were not violated. Most illegal weapons arrests in NJ occur after police search a suspect’s car, house, or personal belongings. However, the law requires police officers to have probable cause and a warrant in order to search your property. If the police did not have a legal right to search your property, Mr. Tumelty may be able to suppress the evidence in your case and get the charges against you dismissed.

Mr. Tumelty has also had great success in getting clients facing weapons charges admitted into alternative sentencing programs, such as Pre-Trial Intervention (PTI). PTI is a diversionary program for first-time offenders. If you are admitted into PTI, you may be able to avoid prison time and keep your permanent record clear of a criminal conviction.

Let a Former Prosecutor Help You; Schedule a Free Consultation with an Experienced Atlantic City Illegal Handgun Possession Lawyer

If you’ve been charged with illegal gun possession in New Jersey, you need to act quickly to get an experienced criminal defense attorney and former prosecutor on your side.

Timing is critical when it comes to contesting weapons charges in New Jersey. That’s why Mr. Tumelty is available 24 hours a day, seven days a week to answer any questions you might have about your charges. Call him to discuss your case or fill out the online contact form to schedule a free consultation at Mr. Tumelty’s Marmora or Somers Point offices. He will be happy to sit down with you, explain the legal process in clear and understandable terms. He will also prepare a game plan for a winning defense in your case.

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.