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

The Difference Between Jail and Prison

Jail and prison are two separate entities that are often mixed up. The difference between jail and prison is mostly the length of stay for inmates. Jail is more for a short-term sentence, while prison is for those with a long-term sentence. When thinking about it, though, prison seems like the more intense of the two, does it…Continue Reading

What You Need to Know About Recorded Phone Calls in Jail

What You Need to Know About Recorded Phone Calls in Jail

Being in jail means a lot of your rights are seemingly stripped from you, but there are still a lot of rights you have that, if broken by jail workers, could work out really well in your favor. One of these rights is the use of the phone, and what can and can’t be recorded…Continue Reading

Learn More About Early Termination of Probation

Learn More About Early Termination of Probation

  Early probation is something many people facing jail time seek. Some believe that it can be tough to get early probation, but if done right, it may not be as difficult as you might think. Specific to New Jersey law, there are a few different ways you might be able to get early probation if…Continue Reading

Atlantic City, New Jersey Lawyer Fights Graves Act Weapons Offenses throughout the State


If you’ve been charged with a gun or other weapons offense, you may be hearing the term “Graves Act” for the first time. New Jersey has the toughest gun laws in the country and the Graves Act is a reflection of how serious NJ lawmakers and police are about weapons-related crime. This law upgrades the severity of gun crimes and makes reduced sentencing and alternative sentencing options much more difficult to obtain. But let’s be clear…there are ways around it.

If you’re facing any kind of gun or weapons charge, the first thing you need to do is find a highly skilled criminal defense attorney with extensive experience in gun crimes. Your attorney should specifically be well-versed in the Graves Act and the increased penalties and restrictions that go along with it. John W. Tumelty has successfully defended multiple cases involving the Graves Act and understands how the prosecution uses it against the defendant. There are alternatives to the Graves Act, but only a skilled, knowledgeable attorney can help steer the court in that direction. Put Mr. Tumelty’s more than three decades of experience to work for you.

Weapons Offense Attorney Helps with Charges under Graves Act in Atlantic and Cape May Counties in NJ

Up until 2008, the Graves Act only applied to the possession of a firearm while committing certain crimes and the possession of a firearm for an unlawful purpose. However, in 2008, the Graves Act became much broader in scope, applying to several new crimes, including:

  • Possession of a sawed-off shotgun or defaced firearm
  • Possession of a firearm while engaged in the distribution of drugs
  • Possession of a weapon by an individual with certain previous convictions
  • Unlawful possession of a firearm
  • Defacing a firearm

Further, there are several other variables which could cause you to be subjected to the Graves Act if you are convicted of a gun crime in New Jersey. All gun and weapons offenses are treated harshly in New Jersey, but if you’re facing the Graves Act, the stakes are even higher. For starters, there is a minimum term of parole ineligibility for any of the above crimes. This term is equal to between one-third and one-half of an imposed sentence, or three years. In addition, if you are convicted of a Graves Act offense and you have a prior conviction for certain firearms offenses, you will be subjected to a mandatory extended prison term.

There are ways of avoiding the Graves Act. However, they require skilled legal representation and a lawyer who is willing to fight tirelessly to get you the best possible outcome. Mr. Tumelty has been a criminal defense attorney for over 30 years and a significant portion of his experience has been with gun charges. Mr. Tumelty knows the way to get around the shackles of the Graves Act. He will fight for your best interests and use his years of criminal defense experience to get you the best possible sentencing, or no sentencing at all.

John Tumelty Will Attempt to Negotiate a Graves Act Waiver

There is a procedure that allows for a waiver or reduction of the minimum term of imprisonment and parole ineligibility under the Graves Act. This can be a lengthy, challenging process during which all details of your case are taken into consideration. An attorney who understands this process, and the complexities of the laws surrounding the Graves Act, is your best shot at a waiver or reduction of these sentences. John W. Tumelty will fight to protect your rights, your freedom and to keep you out of jail.

If You Have Been Charged with a Graves Act Offense, Call John W. Tumelty for a Free Consultation

If you are facing gun charges in New Jersey, you certainly know this is serious business. Don’t try to fight the charges alone. John W. Tumelty will be your greatest advocate and will fight to protect your best interests throughout the entire process. He has over 30 years of experience defending gun charges and is well-versed in the Graves Act. Mr. Tumelty serves clients throughout New Jersey, including Cape May, Atlantic City, Little Egg Harbor, Wildwood, Little Egg Harbor and Ocean Township.

Contact him today for a free consultation by phone or in one of his three conveniently located offices in Atlantic City, Marmora and Somers Point, NJ.

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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.