Possession of a Weapon While Committing a CDS Offense

Possession of a Weapon During Commission of a CDS Offense Defense Lawyers at Law Offices of Jonathan F. Marshall, 250 Washington Street, Toms River, NJ, 08753, defend clients in Brick, Toms River, Lacey, Barnegat, Jackson, Manchester, Stafford, Lakewood and Other Towns in Ocean County

A serious drug/weapon offense is possession of a weapon during the commission of a cds offense. The charge results in an almost certain prison term so it is imperative to obtain representation from a skilled defense lawyer. If you were arrested in Barnegat, Toms River, Jackson, Lacey, Brick or another municipality in Ocean County for this charge, the attorneys at our firm are fully qualified to defend you. To speak to an attorney at Law Offices of Jonathan F. Marshall immediately, contact our Toms River Office at (732) 286-6500.

Ocean County Possession of a Weapon During a CDS Offense

It is a second degree crime to possess a handgun, rifle, shogun or other firearm while in the course of committing, attempting to commit or conspiring to commit a controlled dangerous substance ("CDS") offense. Possessing another variety of "weapon" under circumstances not manifestly appropriate while distributing CDS or engaging in another triggering drug offense is a third degree crime. The statute that sets forth this offense is contained at N.J.S.A. 2C:39-4.1 and it provides that:

2C:39-4.1. Weapons; Controlled Dangerous Substances and Other Offenses, Penalties

1. a. Any person who has in his possession any firearm while in the course of committing, attempting to commit, or conspiring to commit a violation of N.J.S.2C:35-3, N.J.S. 2C:35-4, N.J.S.2C:35-5, section 3 or section 5 of P.L.1997, c.194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c.101 (C.2C:35-7), section 1 of P.L.1997, c.327 (C.2C:35-7.1), N.J.S.2C:35-11 or N.J.S.2C:16-1 is guilty of a crime of the second degree.

b. Any person who has in his possession any weapon, except a firearm, with a purpose to use such weapon unlawfully against the person or property of another, while in the course of committing, attempting to commit, or conspiring to commit a violation of N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, section 3 or 5 of P.L.1997, c.194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c.101 (C.2C:35-7), section 1 of P.L.1997,c.327 (C.2C:35-7.1), N.J.S.2C:35-11 or N.J.S.2C:16-1 is guilty of a crime of the second degree.

c. Any person who has in his possession any weapon, except a firearm, under circumstances not manifestly appropriate for such lawful uses as the weapon may have, while in the course of committing, attempting to commit, or conspiring to commit a violation of N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, section 3 or section 5 of P.L. 1997, c.194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c.101 (C.2C:35-7), section 1 of P.L.1997,c.327(C.2C:35-7.1), N.J.S.2C:35-11 or N.J.S.2C:16-1 is guilty of a crime of the second degree.

d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section nor shall any conviction under those sections merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence imposed upon a violation of this section shall be ordered to be served consecutively to that imposed for any conviction for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section or a conviction for conspiracy or attempt to violate any of those sections.

e. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of N.J.S.2C:39-4 or N.J.S.2C:39-5 or any other provision of law.

f. Nothing herein shall prevent the court from also imposing enhanced punishments, pursuant to N.J.S.2C:35-8, section 2 of P.L.1997, c.117 (C.2C:43-7.2), or any other provision of law, or an extended term.

Penalties.  If you are convicted of this charge, the penalties include up to $150,000 in fines and a state prison term of 5-10 years. The offense also falls within the parameters of the Graves Act requiring that an individual serve a mandatory minimum term of incarceration before becoming eligible for parole. A conviction for violation 2C:39-4.1 does not merge with a related drug distribution offense and triggers a consecutive sentence.

Lakewood NJ Possession of a Firearm During a CDS Offense Lawyer

If you were arrested for possession of a firearm during a cds offense in Ocean County, you need to this offense seriously. Failure to successfully defend this charge will almost certainly result in your being imprisoned so you absolutely must retain a seasoned lawyer to defend this offense. Attorneys at Law Offices of Jonathan F. Marshall are available 24/7 to address your questions and advise you as to the best strategies for escaping a conviction. To speak to an attorney immediately about the offense that was filed in Lakewood, Manchester, Berkeley, Stafford, Point Pleasant, Seaside Heights and other municipalities in Ocean County. Call (732) 286-6500 to speak to one of our lawyers now.

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