A conviction for many criminal offenses results in an individual becoming a certain person not to possess a weapon. When they are found in possession of a knife, bat, shotgun, rifle, handgun or another weapon, they are exposed to a certain persons charge. If you have been charged with illegal possession of weapon because you are a certain person, a conviction for this offense can result in years in prison, as well as other serious consequences. This is the primary reason why you need to retain a highly qualified criminal defense lawyer if you were arrested on this charge.Lakewood NJ Certain Person Defense Lawyer
Marshall Bonus Proetta & Oliver is a firm of skilled attorneys to insure that your interests are fully protected. Our team includes several former prosecutors and a team of lawyers with over 100 years of collective experience defending certain person and other weapon charges in Ocean County, including Lakewood, Jackson, Toms River, Brick and South Toms River. Call us at (732) 286-6500 for for a free initial consultation with an attorney in our Toms River Office.Certain Persons Not to Have any Firearms
Pursuant to N.J.S.A. 2C:39-7, captioned "certain persons not to have weapons", it is a second degree crime for an individual who has been previously convicted of specified crimes to purchase, possess, or own a firearm. The triggering offenses include:
- aggravated assault
- aggravated sexual assault
- sexual assault
- bias intimidation
- endangering the welfare of a child
- prior weapons violation
- crime involving domestic violence
- drug distribution
- leader of a drug trafficking network
You face penalties that include 5-10 years in prison and a maximum fine of $150,000. There is also a mandatory minimum term of incarceration of 5 years that applies during which you are ineligible for parole.
The grading is different when the weapon possessed is something other than a rifle, shotgun, handgun (e.g. pistol, revolver, etc.). It is a fourth degree crime for a person to purchase, own, or possess any other weapon such as a switchblade, brass knuckles, stun gun, dagger, billy club, etc. if they have been previously convicted of any of the above mentioned crimes, declared mentally ill or ever been committed, or convicted of an indictable crime for the unlawful use, possession or sale of a controlled dangerous substance. A fourth degree certain persons offense carries up to 18 months in prison and a fine that can reach $10,000.
It is also a third degree crime for any person who has been convicted of a disorderly persons offense involving domestic violence who purchases, owns, possesses or controls a firearm. You can be sentenced to prison for up to 5 years and fined up to $15,000 for a third degree certain persons violation.Jackson NJ Certain Person Not to Possess a Weapon Attorney
New Jersey has strict weapon laws that make the stakes in these types of cases extremely high. This is why it is crucial for you to retain an experienced attorney to defend the offense that was filed in Jackson, Ocean Township, Little Egg Harbor, Barnegat, Lacey, Stafford or another. The lawyers at Marshall Bonus Proetta & Oliver regularly appear in Ocean County Superior Court in Toms River on behalf of criminal clients and are extremely familiar with the court system. To speak to a lawyer immediately, contact our Toms River Office at (732) 286-6500.Additional Firearm & Weapon Resources