Certain Persons Not to Have Weapons
An offense that our attorneys frequently encounter in hand gun and other firearm cases is a certain person not to possess a weapon charge. The violation can also arise when someone convicted of certain felony offenses is found in possession of a weapon such as a knife. If you or a loved one has been charged with a certain person offense in Trenton, Ewing, Hamilton, Lawrence, East Windsor or another Mercer County municipality, the Law Offices of Jonathan F. Marshall is equipped to help you. The staff of criminal lawyers at our firm have decades of experience defending clients at the Superior Court in Trenton, the venue where all certain persons charges in Mercer County are adjudicated. An attorney who has handled many Trenton gun and other weapon charges, including one of our several prosecutors, is available for a free consultation by calling 609–683–8102. A lawyer is ready to provide you with his insight following a comprehensive review of the facts of your certain person case.Certain Persons Offense in Mercer County New Jersey
The certain persons law is contained at N.J.S.A. 2C:39-7 and prohibits individuals who have been convicted of a disqualifying offense from buying, possessing or owning a firearm (e.g. handgun, rifle, shotgun, etc.) or other weapon in New Jersey. The severity of this offense hinges on whether the item possessed is a firearm or some other form of weapon. An individual is rendered a “certain person” if they have a prior conviction for:
- aggravated assault
- aggravated sexual assault
- sexual assault
- bias intimidation
- endangering the welfare of a child
- distribution of cds
- leader of a narcotics trafficking network
- maintaining a cds production facility
- distribution of drugs in a school zone
- a weapon violations (e.g. certain person, prohibited weapon or defaced firearm)
Possession of a firearm, including a hand gun, by a certain person is a second crime that results in a state prison sentence of 5-10 years and a fine of up to $150,000. There is also a mandatory minimum term of imprisonment of five years that must be imposed. What this means is that a person convicted under 2C:39-7 must serve at least five years of incarceration before they can be considered for parole. If an extended term applies, the period of parole ineligibility is to be fixed at between one- third and one-half of the sentence imposed or five years, whichever is greater.
Possession of a weapon other than a handgun, shotgun, rifle or other firearm, is a fourth degree crime. The penalties for this variety of certain person charge include a fine of up to $10,000 and a prison term of up to 18 months.
Prior Conviction for a Disorderly Persons Offense Involving Domestic Violence. It is a third degree crime for someone convicted of a disorderly persons offense involving domestic violence to purchase, own, possess or control a firearm. The penalties for this offense include a maximum fine of $15,000 and up to 5 years in state prison.
Prior Seizure of Weapons Under the Prevention of Domestic Violence Act. An individual who has been subject to seizure of his or her weapons because of entry of a restraining order is prohibited from possessing a weapon; they are also a certain person under 2C:39-7. It is a third degree crime to possess or control a firearm if you are subject to a restraining order. The penalties for this crime of the third degree include up to 5 years of incarceration and a fine that can reach $15,000.Hamilton NJ Gun Charge Lawyer
Guns and other varieties of weapons resulting in a certain person offense are discovered much more frequently by police in Hamilton New Jersey and other area towns, including Princeton, West Windsor, Robbinsville, Hightstown and Pennington, much more often than they should be. Our attorneys know this from defending certain person not to possess a weapon charges in Mercer County and other criminal courts for over 100 years between the members of our team. If you would like the benefit of a free consultation with a defense lawyer with extensive knowledge and skill in hand gun and other firearm offense violations, contact our Hamilton Office. A lawyer is available 24/7 to assist you with a certain persons charge in Trenton, Hamilton or another municipality by calling 609–683–8102.