Knife, Brass Knuckles and Other Weapons Lawyer in Woodbridge, Middlesex County

Reviewed by William A. Proetta, Esq. · Updated October 2026

In New Jersey, knives and other non-firearm weapons are mostly charged under two 4th-degree statutes, each carrying up to 18 months and a $10,000 fine. N.J.S.A. 2C:39-3(e) covers listed items such as switchblades, gravity knives, daggers, billy clubs and metal knuckles held “without any explainable lawful purpose,” and N.J.S.A. 2C:39-5(d) covers any other weapon possessed “under circumstances not manifestly appropriate” for its lawful uses; neither is a Graves Act offense, but adding an unlawful purpose raises the charge to 3rd degree under 2C:39-4(d).

Because these are crimes rather than municipal offenses, the Middlesex County Prosecutor’s Office reviews the complaint, and any trial happens in the Superior Court in New Brunswick, even when the arrest was in Woodbridge, Edison or South Plainfield. We defend weapons cases from our Edison office. Over 15-plus years of trials I have seen that in a knife case the setting usually matters more than the blade.

What Counts as a “Weapon”

N.J.S.A. 2C:39-1(r) defines a weapon as anything “readily capable of lethal use or of inflicting serious bodily injury,” and lists examples including knives, billies, blackjacks, metal knuckles and stun guns. The definitions get specific for certain knives:

• Gravity knife (2C:39-1(h)): the blade is released from the handle or sheath by gravity or centrifugal force.
• Switchblade (2C:39-1(p)): the blade opens automatically when a button, spring or other device in the handle is pressed.
• Ballistic knife (2C:39-1(u)): a device that can propel a knife blade.

Whether a folding knife fits those definitions depends on how it actually opens, which we check with the item in hand.

Two Different Tests

The two main statutes set different standards, and the difference matters.

2C:39-3(e), the listed weapons. For a gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or ballistic knife, the State must prove knowing possession “without any explainable lawful purpose.” A collection, a trade tool or a stored heirloom can supply one.

2C:39-5(d), every other weapon. A kitchen knife, box cutter, bat, machete or folding knife is not illegal in itself. The crime is possessing it in circumstances that are not manifestly appropriate for the lawful uses it may have. A box cutter in a warehouse worker’s pocket is appropriate; the same blade tucked in a waistband during a late-night argument may not be.

The home. In State v. Montalvo, 229 N.J. 300 (2017), the defendant answered his apartment door holding a machete after a dispute with a neighbor. The Supreme Court held that a person has a constitutional right to keep a weapon like a machete at home for self-defense and that the “spontaneous arming” rule used for weapons carried in public does not apply to possession in the home. Merely holding a lawful weapon at your own door is not automatically a 2C:39-5(d) crime.

Knife and Weapon Charges, Most Serious First

The school provision reaches college grounds, so a knife carried onto a campus such as Rutgers in New Brunswick can be charged under 2C:39-5(e)(2) when the circumstances are not appropriate. The certain persons line applies to people previously convicted of listed offenses such as aggravated assault, robbery, burglary or certain drug crimes; it reaches knives and clubs, not just guns, and is explained on our certain persons page. The handcuffs offense, as a disorderly persons charge, stays in the municipal court of the town. When a knife is actually used, the companion charge is usually aggravated assault, which can carry far more exposure than the weapon count.

Stun Guns and Pepper Spray

N.J.S.A. 2C:39-3(h) still states that possessing a stun gun is a 4th-degree crime. But after a 2017 consent order in New Jersey Second Amendment Society v. Porrino, the Attorney General instructed prosecutors and police on October 20, 2017 that the outright ban would no longer be enforced. It is still enforced against minors under 18, and a stun gun remains a “weapon” for unlawful purpose (2C:39-4(d)), weapons during a drug offense, possession under inappropriate circumstances (2C:39-5(d)), school grounds (2C:39-5(e)(2)) and certain persons (2C:39-7(a)).

Pepper spray is permitted within limits. Under N.J.S.A. 2C:39-6(i)(1), a person 18 or older with no criminal conviction may carry one pocket-sized self-defense device holding no more than three-quarters of an ounce of chemical substance.

Consequences of a Conviction

None of these offenses carries a Graves Act minimum, which applies only to firearms; our Graves Act guide explains that scope. A first offender convicted at 3rd or 4th degree generally benefits from the presumption against imprisonment in N.J.S.A. 2C:44-1(e), and probation is common; the presumption is lost if the judge finds a listed aggravating factor, including a knife used in domestic violence in front of a child. Even so, a conviction for any crime disqualifies a person from a firearms purchaser card or handgun permit under N.J.S.A. 2C:58-3(c)(1), and certain convictions under 2C:39-3 or 2C:39-4 can themselves become a disqualifying conviction for certain persons purposes later. A non-citizen should get immigration advice before any plea. These convictions are not barred from expungement.

Knife Cases in Middlesex County

Many knife charges start with a Route 9, Route 18 or Parkway stop, where an officer spots a knife in a door pocket or metal knuckles in a console. Others come from a dispute at a home in Old Bridge or an argument on a New Brunswick street, with the knife charged alongside an assault. The MCPO screens each complaint, and a weapon count that stands alone can be a good candidate for diversion: 4th-degree defendants can seek Pretrial Intervention on the prosecutor’s recommendation, and the deadline to apply is the Initial Case Disposition Conference. Our Middlesex PTI page explains the process.

When a knife count is attached to a more serious charge, the strategy changes. The 2C:39-4(d) unlawful-purpose count is often the first target, because purpose is hard to prove; our page on possession of a weapon for an unlawful purpose covers it.

Defenses

• A lawful purpose. Work, fishing, camping, cooking and collecting are explainable lawful purposes. N.J.S.A. 2C:39-6(f) expressly allows a licensed hunter or angler to carry a knife legal for hunting or fishing in the woods, fields or waters, and to transport it directly to and from those places.
• Appropriate circumstances. Under 2C:39-5(d), we show why the setting was ordinary: a tradesman’s truck, a kitchen, a fishing trip.
• The definition. A folding knife that opens by hand is not a switchblade or gravity knife.
• Home possession. Montalvo protects keeping a weapon at home for self-defense.
• The search. A knife found through an unlawful stop or search can be kept out of evidence with a motion to suppress. Our guide to car searches covers roadside rules.

Talk to a Middlesex County Knife Charge Lawyer

Keep any property receipt and do not explain the item to police. Call (732) 659-9600 at any hour to reach our Edison office, or use our contact form for a free review.