Our Team Of Experienced Criminal Defense Lawyers Includes A Former Director of Major Crimes and a Former Director of the Gangs, Guns and Drugs Task Force
Unfortunately, the prospect of obtaining a gun permit is lost once an individual has a conviction for certain crimes. When an individual falls within this restriction and is later found in possession of a weapon in Atlantic County or anywhere else in this state, they are exposed to a new criminal charge under N.J.S.A. 2C:39-7 for being a certain person not to possess a weapon. This offense is a felony that carries serious penalties that mandate you’re retaining the best attorney you can find.
You should also know that a certain persons offense isn’t limited to handguns or firearms but applies to all weapons. What this means is that you cannot possess anything that is any weapon, meaning any object readily capable of lethal use or inflicting serious bodily injury, if you are a certain person. Violation of this law results in an indictable felony of the second, third or fourth degree, depending on the type of weapon. Irrespective, you are going to want to enlist a savvy defense lawyer because you are exposed to prison.
If you are arrested following a motor vehicle stop, entry by police into your home or in any other context, the lawyers in the Mays Landing Office of the Law Offices of Jonathan F. Marshall are ready to mount a potent defense. Our team of attorneys, which includes former prosecutors and possesses decades of experience, is available for free consultations by calling 609-616-0020. A lawyer is prepared to discuss your Atlantic County certain persons case now.
NJ Gun Charge Attorney
The Law Offices of Jonathan F. Marshall is a criminal defense firm specializing in weapons charges. Our team of trial attorneys is comprised of former prosecutors and attorneys who deal strictly in criminal law. If you or someone in your family have been arrested and charged with a weapons offense in Atlantic City, Hammonton, Egg Harbor, Hamilton or any other Atlantic County municipality, then contact our Atlantic County Office in Mays Landing at (609) 616-0020 to speak with a criminal defense attorney at your earliest convenience.
Am I a “Certain Persons Not to Have Weapons”?
Pursuant to N.J.S.A. 2C:39-7, persons who have been convicted of one or more of a list of specified offenses (see below) or have a specific history of mental disorders are not permitted by law to knowingly purchase, own, possess or control a weapon. The criminal convictions that prevent possession of a handgun include the following:
- Aggravated Assault
- Domestic Violence
- Aggravated Sexual Assault or Sexual Assault
- Bias Intimidation
- Endangering the Welfare of a Child
- Possession of a Prohibited Weapon or Device
- Possession of a Weapon for Unlawful Purpose or the Offense of Manufacture, Transport Disposition and Defacement of Weapons
- Unlawful Use, Possession, or Sale of a Controlled Dangerous Substance (excluding a disorderly or petty disorderly offense)
As stated above, a conviction for anyone of these offenses could have either occurred in New Jersey or another state. So long as the conviction in a separate state or territory is comparable to a New Jersey crime that is specified under the Certain Persons statute, you may be convicted of a Certain Persons offense in New Jersey
Certain Persons Not to Have Weapons Felony NJ
Certain Persons charges are indictable and handled at the Atlantic County Superior Court in Mays Landing. Typically, these charges are indicted as a fourth-degree offense. However, depending on the underlying circumstances of the current offense and your prior offense that qualified you as a “Certain Person”, these charges may become a crime of the second or third degree. Specifically, these charges will be indicted as a second-degree offense if you purchased, owned, possessed or controlled a weapon having already have been convicted of Stalking and a firearm was an object of the Stalking offense. Alternatively, these charges will be indicted as a third-degree offense if your purchased, owned, possessed or controlled a weapon having already been convicted of Domestic Violence. In all other scenarios, these charges will be indicted as a fourth degree offense.
Certain Persons Not To Have Weapons Penalties in Atlantic County NJ
As you are probably aware, the extent of possible penalties is dependent upon the degree of the charges. If convicted of a second degree Certain Persons offense, you are exposed to up to ten (10) years in jail and a fine up to $150,000.00. There is a mandatory minimum incarceration period of five (5) years for a conviction of a second-degree crime under this statute. If convicted of a third-degree Certain Persons offense, you are exposed to up to five (5) years in jail and a fine up to $15,000.00. Lastly, a conviction for a fourth-degree Certain Persons offense carries up to eighteen (18) months in jail and a fine up to $10,000.00.
Certain Persons Not To Possess A Weapon Attorneys in Mays Landing New Jersey
The Law Offices of Jonathan F. Marshall is a dedicated Atlantic County criminal defense firm. With over 150 years of cumulative legal experience, including time spent prosecuting on behalf of the State, the lawyers at our firm have the resources and knowledge required to handle your certain persons charge for possession of a handgun or other weapon. Contact our Atlantic County Office today and speak with a weapons attorney at (609) 616-0020.
Related Atlantic County Legal Resource Pages