Fort Lee NJ Certain Persons Not to have Weapons Attorneys
The New Jersey legislatures have created what is known as the certain “persons” offense. This offense states that any person who qualifies as a “certain person” (see below) are prohibited under the law from possessing a weapon. The governing statute in New Jersey for the offense of certain persons not to have a weapon is N.J.S.A. 2C:39-7. The typically “persons” charged under this offense are prior felons and those committed for a mental disorder. The Law Offices of Jonathan F. Marshall has been defending individuals charged with certain persons not to have a weapon, possession of a weapon for unlawful purpose and unlawful possession of a weapon throughout Bergen County including towns like Mahwah, Saddle Brook, Teaneck, Paramus, Elmwood Park, Fair Lawn, Paramus, Bogota, East Rutherford and Lodi for over fifteen years. We have over 100 years of combined experience on staff, including over twenty years of combined prosecuting experience. Below is some of the key information with regards to the offense of N.J.S.A. 2C:39-7.
Certain Persons Not to have a Weapons Attorneys in Paramus NJ: N.J.S.A. 2C:39-7
Material Elements for Second Degree Offense: The state must prove beyond a reasonable doubt four elements. First, they must prove that the defendant was convicted of one of the enumerated offenses listed below. Secondly, that the object involved in the case was a firearm. Thirdly, that the defendant purchased, owned, possessed or controlled the said firearm in question. Lastly, that the defendant acted knowingly.
Material Elements for Fourth Degree Offense: The state must prove beyond a reasonable doubt four elements. Specifically, the state must prove that defendant was convicted of one the enumerated offenses listed below or that the defendant has previously been committed for a mental disorder; that the object in question was a weapon; that the defendant purchased, owned, or controlled the said weapon and lastly, that the defendant acted knowingly. The state need NOT prove the underline purpose of the possession.
Enumerated Offenses Referenced Above:
- Aggravated Assault
- Arson
- Burglary
- Escape
- Extortion
- Homicide
- Kidnapping
- Robbery
- Aggravated Sexual Assault or Sexual Assault
- Bias intimidation
- Endangering the welfare of a child
- Possession of a Prohibited Weapon or prohibited device
- Possession of a weapon for an unlawful purposes
- Manufacture, transport disposition and defacement of weapons, or
- Conviction of unlawful use or possession or sale of a controlled dangerous substance
The fact that the defendants conviction occurred in another state or country for that matter is irrelevant under this statute.
Applicable Penalties if Convicted of Certain Persons not to have a Weapon:
A conviction for a second degree crime carries a presumption of incarceration and the applicable term of incarceration can range from five-ten years in a New Jersey State Prison. Further, the Judge must impose a mandatory term of parole intelligibility for a period of not less than five years. If the defendant is sentenced to an extended term the minimum term of parole ineligibility must be between one-third and one half of the sentence imposed or five years which ever is greater.
A fourth degree crime carries a presumption of non-incarceration, however, that presumption may be overcome and the defendant may face up to eighteen months in a New Jersey State Prison. In addition, the New Jersey Legislatures have broadened the Graves Act to encompass three certain persons offenses; one of which is the fourth degree certain persons offense, which as illustrated above pertains to weapons other than firearms.
Certain Persons Defense Lawyer in Hackensack NJ
The staff at The Law Offices of Jonathan F. Marshall is comprised of seven criminal defense attorneys, including three former prosecutors. Our entire practice is dedicated solely to criminal defense. If you or a loved one is facing a charge of certain persons not to be in possession of weapons or any other weapons offense for that matter, it is imperative that you speak to an experienced criminal defense trial attorney about your options. If you have any further questions or concerns please contact any one of our Bergen County Offices for a free consultation about your charges.