Hackensack, New Jersey - Attorney Adam Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/diversion-programs-for-nj-gun-offenses/) is highlighting pathways that can reduce the impact of firearm charges in New Jersey, detailing how a New Jersey gun crime lawyer can navigate the Graves Act, secure waivers, and pursue diversion options such as Pre-Trial Intervention and Veterans Court for eligible defendants.
As a New Jersey gun crime lawyer, Lustberg underscores the significance of the Graves Act, N.J.S.A. 2C:43-6, which sets mandatory minimum terms for many firearm offenses. For most second-degree charges, sentencing ranges from five to ten years, with at least one-third to one-half of the term, or 42 months, served before parole eligibility. These requirements apply even to first-time offenders and sharply limit judicial discretion. Because this statutory scheme conflicts with diversionary goals, admission to programs like PTI typically requires extraordinary circumstances and prosecutorial consent, often anchored by a Graves Act Waiver authorized under N.J.S.A. 2C:43-6.2.
The announcement explains that a Graves Act Waiver is usually the pivotal step that opens the door to alternatives. A prosecutor must initiate the waiver, and supporting submissions often address the defendant’s background, the facts of the incident, and public safety considerations. A New Jersey gun crime lawyer can also point to the 2014 Attorney General directive that creates a rebuttable presumption favoring non-custodial outcomes for certain out-of-state residents who lawfully owned firearms at home but inadvertently violated New Jersey transport or possession rules. Factors that commonly support relief include lawful ownership in the home state, secured and unloaded transport, isolated conduct, voluntary disclosure to law enforcement, and prompt surrender for safekeeping.
PTI, governed by N.J.S.A. 2C:43-12, remains New Jersey’s premier diversion option for indictable offenses. Admission is reserved for candidates who show rehabilitation potential and, in firearm cases, generally requires prosecutorial consent and often a plea-PTI structure. Typical PTI terms last about one year, with possible extensions up to 36 months. Conditions can include remaining arrest-free, reporting to probation, community service, treatment as recommended, random testing, and weapon forfeiture. Successful completion leads to dismissal of charges, and after a six-month waiting period, candidates may seek expungement, helping restore future opportunities without a felony record.
The Veterans Diversion Program, N.J.S.A. 2C:43-23, offers an additional route for active-duty service members, reservists, National Guard members, and veterans whose qualifying mental health conditions contributed to the offense. Often referred to as Veterans Court, the program coordinates prosecutorial oversight, treatment providers, and veteran mentors. Terms typically run six to twenty-four months and may include treatment participation, case management, abstinence conditions, surrender of permits, and restitution if applicable. Completion results in dismissal of charges. When diversion is not attainable, other pathways may still mitigate custody exposure, including Conditional Dismissal in municipal court for lesser weapons offenses, non-custodial probation following a Graves Act Waiver, county-based Sheriff’s Labor Assistance Program assignments, or negotiated county jail terms under 364 days that avoid multi-year state prison commitments.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey criminal defense firm led by Attorney Adam Lustberg. The firm represents individuals in matters involving firearms offenses, violent crime allegations, drug charges, white collar investigations, DWI, municipal court cases, and appeals. The team serves clients throughout New Jersey, including Bergen County and neighboring regions, with a strategic and courtroom-focused approach. For confidential consultations, call (201) 880-5311 or visit the firm’s website to schedule an appointment.
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