Our Former Prosecutors & Talented Criminal Lawyers Are Ready In Our Mount Holly Office To Discuss Your Certain Person Offense
An individual is prohibited from possessing a weapon in New Jersey if they have been convicted of any one of numerous indictable crimes, have been convicted for domestic violence or have a prior history of a mental health defect. Failure to abide by this restriction results in a felony offense that can land you in prison. The situation is exceptionally serious if the weapon possessed is a handgun or other firearm since it can result in a decade of incarceration. If you were charged with a certain person offense in Burlington County, it is certainly in your best interest to find the very best criminal attorney you can find to defend you. The attorneys at our firm possess the skills that you need.
Here at the Law Offices of Jonathan F. Marshall, we can offer you qualifications that are unquestionably exceptional. The members of our team can provide you with
- Over 200 years of combined experience handling weapon cases arising in Bordentown, Evesham, Mt. Laurel, Pemberton, Medford, Willingboro, Florence and other Burlington County municipalities
- Ten (10) lawyers that specialize in criminal defense
- Former county prosecutors that in include a former Director of the Guns Task Force, Major Crimes Bureau, Special Operations, Juvenile Unit and an entire Trial Division
- Certified criminal trial attorneys
- An office within a block of the Burlington County Superior Court in Mount Holly New Jersey
An arrest for being a certain person is clearly a serious matter that requires representation by an accomplished lawyer. As you can see, that is precisely what our staff is capable of providing. To speak to an attorney in a free initial consultation, contact our Mt. Holly Office at 609-491-2110 anytime 24/7.
Certain Persons Not To Have A Weapon Offense in Burlington County
Whenever someone is arrested for unlawful possession of a weapon and a companion offense for being a certain person, the accused and/or his family has many questions about what they are up against. The starting point of any discussion is N.J.S.A. 2C:39-7, the New Jersey law that makes it illegal for someone who is considered a certain person to possess a weapon. The headings below outline the basics of this law.
How Is Weapon Defined Under N.J.S.A. 2C:39-7? As a general rule, the term “weapon” means anything which is capable of lethal use or of inflicting serious bodily injury on another person. Obviously, a firearm, knife, explosive device is a weapon. Questions on this issue, therefore, tend to arise when the object is capable of ordinary use (e.g. baseball bat, household items, etc.). In determining whether something satisfies this definition, consideration can be given to the size, shape, and condition of the object, whether it was concealed, and the time, place and actions of the possessor.
When Does Someone Become a Certain Person? An individual is a “certain persons” if they are convicted in New Jersey or another state for:
- aggravated assault
- aggravated sexual assault
- sexual assault
- bias intimidation
- endangering the welfare of a child
- possession of a prohibited weapon
- possession of a weapon for an unlawful purpose
- defacement of a weapons
- distribution of CDs
- possession of drugs (other than a disorderly persons offense)
An individual is also rendered a certain person if they are convicted of a disorderly persons offense or indictable crime (other than those previously listed) involving domestic violence. The last way someone becomes a certain person is by being voluntarily or involuntarily committed to mental institution or hospital.
What Is The Degree or Grade of Crime for Violating the Certain Person Law? The severity of a violation hinges on two factors: (1) the type of weapon possessed by the actor; and (2) the reason why the individuals is a certain person.
- Second Degree Crime. It is a second degree crime for someone to hold or possess a firearm, especially a handgun, after being convicted of one or more of the previously listed criminal offenses.
- Third Degree Crime. It is a third degree crime for someone previously convicted of domestic violence to be in possession of a handgun, rifle, shotgun or other firearm.
- Fourth Degree Crime. An individual is guilty of a fourth degree crime if they have a prior mental commitment and possess a firearm or if they are in possession of a weapon, other than a firearm, after being convicted of a criminal offense rendering them a certain person.
Are There Special Sentencing Rules That Apply In A Certain Persons Case? When someone is convicted for being a certain person in possession of a firearm, they not only face the normal penalties for a second degree crime of 5-10 years in prison and a fine of up to $150,000 but also a mandatory minimum term of imprisonment. The court must impose a minimum term of imprisonment equal to one-third of the term imposed or five years, whichever is greater. This minimum term must be served before someone convicted for being a certain person in possession of a handgun can be considered for parole.
Separate Weapon Offenses & Trials. The offenses of unlawful possession of weapons without a permit and this offense which prohibits certain persons from having weapons are separate offenses, and a person can be convicted of both offenses for possession of the same weapon.
The criminal attorneys at the Law Offices of Jonathan F. Marshall, 217 High Street, Suite 201, Mount Holly NJ 08060, defend clients arrested for weapon offenses such as a certain person not to possess a firearm throughout Burlington County, including Pemberton, Mount Laurel, Burlington Township, Medford, Bordentown, Willingboro, Evesham, Maple Shade, Cinnaminson, Delran, Lumberton, Southampton, Tabernacle and other local municipalities.
Mount Holly Certain Person in Possession of a Handgun Defense Lawyers
There are countless handgun and other weapon charges heard in Mount Holly at the county courthouse annually. It is only reasonable to assume that you or a loved one was charged with possession of a firearm, knife, etc., after becoming a certain person given the nature of your research. What we can tell you is that our attorneys have decades of experience successfully representing clients in your situation. To speak to a lawyer at the Law Offices of Jonathan F. Marshall, including a former Director of the Gun Task Force, you can call 609-491-2110. Initial consultations with an attorney are free so do not hesitate to contact us for assistance.