Drug Offenses Committed While in Possession of Firearm or Weapon
Over the years New Jersey has continually amended its laws to tighten the penalties for individuals firearms or other weapons in while committing criminal offenses. This is precisely what lawmakers did when they enacted a law to establish a separate charge for those who are in possession of a handgun, rifle shotgun or other weapon during a drug possession or distribution crime. These charges are very serious and expose those accused to years of potential jail time. However, our criminal attorneys defend those arrested or indicted for gun violations all the time and are typically able to significantly eliminate many penalties. When you hire our defense firm, the Law Offices of Jonathan Marshall, you not only get over 60 years of legal experience on your side, but you also obtain the skill of lawyers who are former prosecutors dedicated to ensuring that you get the best defense possible. We have offices located throughout NJ and represent individuals all over the state including Monmouth County, Middlesex County, Union County, Ocean County, Passaic County, Essex County, Morris County, Mercer County, and Hudson County. Call or come in today and speak to an attorney without charge. The following information is provided for your guidance and assistance in this challenging time.
New Jersey Law: Weapons Possessed During Drug Offense
Any person who is in Possession of a Firearm While Committing Certain Drug Crimes, or attempting to commit, or conspiring to commit a crime involving possession, manufacture, or distribution of CDS (2C:35-3, 2C: 35-4, 2C:35-5, 2C:35-5.2, 2C:35-5.3, 2C:35-6, 2C:35-7, 2C:35-7.1 or 2C:35-11) is guilty of a crime under N.J.S.A. 2C:39-4.1(a). Another criminal offense is outlined under N.J.S.A. 2C:39-4.1(b) 2C:39-4.1b for those who are in Possession of a Weapon with a Purpose to Use It Unlawfully Against the Person or Property of Another While Committing Certain Drug Crimes. This includes in the course of committing, attempting to commit, or conspiring to commit a crime involving a possessing, manufacturing, or distributing CDS (2C:35-3, 2C: 35-4, 2C:35-5, 2C:35-5.2, 2C:35-5.3, 2C:35-6,2C:35-7, 2C:35-7.1 or 2C:35-11). It is important to keep in mind that the "weapon" need not be a firearm to trigger N.J.S.A. 2C:39-4.1 although the penalties if are more severe if a firearm such as a handgun, pistol, shotgun or rifle is involved.
Penalties for Possessing a Weapon or Firearm During Drug Crime
It is a Second Degree Crime where a firearm is the weapon involved in an alleged violation under this law. A Third Degree offense applies to weapons other than a firearm except where the non-firearm is being used for an unlawful purpose, in which case the charge escalates to a Second Degree as well. A second degree crime carries a presumption of incarceration and a prison sentence of 5 - 10 years. A third degree conviction triggers jail of up to 5 years. Any prison sentence imposed under 2C:39-4.1 is served consecutively to any sentence imposed for the associated drug offense such as conspiracy to distribute CDS.
Protect your rights by speaking to one of our lawyers immediately. If you or someone you love is in trouble for possessing a gun or weapon while allegedly committing one of the above crimes, the sooner you contact our office, the sooner our attorneys can begin preparing your defense. We defend individuals all across NJ including Union County, Monmouth County, Middlesex County, Ocean County, Morris County, Hudson County, Mercer County and Somerset County. Contact us now to meet with a seasoned gun lawyer who can advise you of your rights and answer all your questions.
