Red Bank Man Charged With Cocaine Possession and Handgun Offenses
A Red Bank man was apprehended by Red Bank authorities and charged with numerous criminal offenses, including possession of cocaine and crack cocaine, unlawful possession of a handgun, and certain persons not to have weapons. Although reports do not clarify the circumstances leading to the arrest, unfortunately for Williams, it is very clear that he will have a long and tumultuous legal battle ahead of him.
In accordance with N.J.S.A. 2C:35-2, cocaine and crack are Schedule I controlled dangerous substances (CDS). N.J.S.A. 2C:35-10 makes possession of any quantity of cocaine illegal resulting in a third degree crime. Third degree possession of cocaine results in a jail term of up to five years, a fine of up to $35,000, and a mandatory loss of driving suspension of 6-24 months.
Under New Jersey’s harsh and extreme firearms laws, the charges for the alleged unlawful handgun possession will also present the risk of further severe legal ramifications for Williams. N.J.S. 2C:39-5b makes it second degree felony crime to possess a handgun without having previously obtained a proper, valid New Jersey concealed carry permit. The potential penalties that are associated with this criminal offense include prison terms of 5-10 years, and a presumption of incarceration mandated under the law means that Williams will almost certainly spend time in jail for this offense if convicted. Furthermore, the Graves Act requires that a portion of any jail sentence issued must be served without parole or early release as options.
N.J.S.A. 2C:39-7b dictates yet more serious potential legal consequences for the charge of Certain Persons Not to Have Weapons, which prohibits persons who have previously been convicted of felonies and those who have been subject to psychiatric commitment for a mental disorder from possessing weapons. These charges can constitute either a second or fourth degree indictable offense, depending on circumstances, and thus can result in penalties such as up to 18 months of jail time for a fourth degree offense, or even 5-10 years behind bars for a second degree conviction.