Hudson County Possession of a Weapon While Distributing or Possession With Intent to Distribute CDS

Our Talented Former Prosecutors & Defense Attorneys Are Ready To Defend Your Handgun or Other Firearm Offense At The Hudson County Superior Court in Jersey City

An extremely common companion offense to a NJ unlawful possession of a handgun charge is a violation of N.J.S.A. 2C:39-4.1. This second degree crime is known as possession of a firearm during commission of a CDS offense. A criminal complaint or indictment is triggered if a handgun, shotgun, assault rifle or other firearm is possessed during the following activities:

  • Leader of narcotics trafficking network
  • Operating a controlled dangerous substance production facility
  • Manufacturing, distributing or possessing a controlled dangerous substance with intent to manufacture or distribute
  • Employing a juvenile in drug distribution
  • Distribution or intent to distribute cds in a school zone
  • Distribution or intent to distribute cds within 500 feet of a public park or housing project

If you were charged with possession of a handgun while selling or distributing marijuana, heroin, cocaine, methamphetamine, lsd or other drugs, you are facing a serious criminal offense that can land you in prison for a decade. A savvy defense attorney is certainly a powerful weapon avoiding incarceration and other penalties.

We are the Law Offices of Jonathan F. Marshall, a powerhouse firm specializing in criminal defense. Our eleven (11) attorneys dedicate their practices exclusively to this area of law and can also offer you:

  • 200 years of combined experience representing individuals at the Hudson County Superior Court in Jersey City who have been arrested on handgun charges
  • Former county prosecutors who have served as the Director of Major Crimes, Gun Task Force, Special Operations, Juvenile Unit and even an entire Trial Division
  • Certified criminal trial attorneys
  • An office conveniently located on Newark Avenue in Jersey City directly across from the Criminal Division

For a free consultation anytime 24/7, call 201-309-0500. An attorney on our team is ready to provide the insight you need regarding a detention hearing, initial appearance or any other issue in your gun and drug case.

Conduct Must Occur During The Course of Commission of A Drug Offense

The operative language of N.J.S.A. 2C:39-4.1 is possession of a firearm “while in the course of committing, attempting to commit, or conspiring to commit” one of the previously stated cds/drug charges. As long as the accused knowingly possesses a handgun or other firearm at any point while committing one of the required drug offenses suffices. A conviction is not dependent on how the firearm is being used since this law is intended to deter individuals from mix firearms with cds activities. The law imposes punishment for violating this law so long as guns are at the same scene as drug offense.

Penalties for Possession of a Handgun or Firearm During CDS Activities

The penalties for this second degree crime include a fine fine of up to $150,000 and 5-10 years in prison. In addition, a violation of 2C:39-4.1 does not merge into another weapon offense, including unlawful possession of a firearm. In addition, the sentence imposed must run consecutive to that for violating an underlying controlled dangerous substance offense or conspiracy to distribute drugs.

Handgun Defense Lawyers in Jersey City New Jersey

Indictable crimes like possession of a firearm during the commission of a CDS offense can only be handled at the county courthouse in Jersey City and thankfully our firm has extensive experience defending cases in the venue. In fact, our Hudson County office is located directly across the street. If you are facing weapon and drug charges arising in Union City, North Bergen, Bayonne, West New York or elsewhere in the region, we are definitely well equipped to ensure you reach the very best outcome in your case. Call us at 201-309-0500 for a free initial consultation with an attorney at the firm.