Neptune NJ Certain Persons Offense Attorney
If you are not legally permitted to possess a firearm in New Jersey (i.e. a “certain person”) and were charged with being in violation of this prohibition, our criminal defense trial team is here to assist you. Certain people are prohibited from possessing firearms but often these people are not even aware of this prohibition. To avoid a harsh criminal penalty for something you may not even have known you were committing, contact Marshall, Bonus, Proetta & Oliver today for a free initial consultation. We have over 100 years of combined experience practicing in Monmouth County, including in Neptune, Asbury Park, Howell, Freehold and Ocean Township. Our team of criminal lawyers and former prosecutors can evaluate your case and formulate the best possible defense strategy. Initial consultations are always free of charge so give us a call anytime.
NJ Certain Persons Law – N.J.S.A. 2C:39-7
In New Jersey most convicted felons are prohibited from owing or possessing a firearm. Moreover, those found guilty of a domestic violence offense or who suffer from mental illness are also prohibited from owing or possessing a firearm.
It is a fourth degree offense to purchase, own, or possess a weapon, other than a firearm, if they have been convicted of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, endangering the welfare of a child, a past weapons charge, or an indictable crime of possession, unlawful use, or distribution of a controlled dangerous substance. This law is found at N.J.S.A. 2C:39-7(a).
The offenses is elevated to a second degree offense under N.J.S.A. 2C:39-7(b) if the individual purchases, possesses or owns a firearm. Under subsection (b) additional crimes fall within the firearm prohibition, including stalking, crimes involving domestic violence, running a drug distribution scheme, or distributing drugs in a school zone.
Definition of a “Weapon” under N.J.S.A. 2C:39-7. In accordance with N.J.S.A. 2C:39-1(r) a weapon is anything capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all firearms, components which can be readily assembled into weapons, gravity knives, switchblade knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood, stun guns, and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air. Essentially, anything can be turned into a weapon if the defendant intended the object to be a weapon at the time of the offense. Knowledge is key here: the defendant must have known that the weapon existed.
Penalties & Other Sentencing Issues. Because certain persons offenses are generally fourth degree charges, they carry a possible jail term of up to eighteen (18) months. If the crime is graded as a second degree offense, conviction can result in a jail term of up to ten (10) years. A mandatory minimum period of parole ineligibly of five (5) years also applies. This means that if you are a certain person and are convicted of possessing a firearm, you must serve at least five (5) years in prison before being eligible for release.
Asbury Park Certain Persons Defense Lawyers
These are serious charges that require the services of a serious defense team. The attorneys at Marshall, Bonus, Proetta & Oliver defend a wide array of criminal offenses including those charged with being a certain person in possession of a weapon. If you are facing this violation in Long Branch, Manalapan, Tinton Falls, Wall, Freehold or another town in the region, we can help you. Call us anytime 24/7 to speak to one of our skilled lawyers immediately. The consultation is free so there is no reason to hesitate in securing the guidance you need.