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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
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Certain Person Not To Have A Weapon

New Brunswick NJ Handgun Possession Defense Lawyers

If you have a prior criminal record and are arrested for almost any form of weapon offense, it is likely you will not only be facing the underlying gun, knife or other weapon possession charge in New Brunswick but also indictment for being a certain person. It is a separate second degree, third degree or fourth degree crime to possess a weapon, including a handgun, if you have a prior record for a criminal offense that renders you a “certain person” under N.J.S.A. 2C:39-7. The stakes when someone is charged in New Brunswick, Perth Amboy, Woodbridge, South Plainfield or Sayreville with this offense require assistance from a competent criminal lawyers since there is an extremely high probability that you will be sent to prison if you fail to successfully defend this offense.

Our firm, The Law Offices of Jonathan F. Marshall, is a powerhouse defense firm with qualifications to get results in your certain person weapon case at the Middlesex County Superior Court, New Brunswick NJ. We not only have over 100 years of experience working in this court system but also employee Jason Seidman, Esq., an attorney who was the supervisor of the gangs, guns and drugs task force in the Middlesex County Prosecutor’s Office. Jason and the other attorneys on our staff will insure that you reach the most favorable outcome of your charge. To speak to a lawyer anytime 24/7 from our New Brunswick Office, call 732-246-7126.

When Does Someone Become A Certain Person Under New Jersey Law? A conviction for any of the following criminal offenses renders an individual a certain person and prohibits them from owning or possessing a weapon:

  • Aggravated Assault
  • Arson
  • Burglary
  • Domestic Violence
  • Escape
  • Extortion
  • Homicide
  • Kidnapping
  • Stalking With a Firearm
  • Robbery
  • Aggravated Sexual Assault or Sexual Assault
  • Bias Intimidation
  • Endangering the Welfare of a Child
  • Possession of a Prohibited Weapon or Device
  • Possession of a Weapon for Unlawful Purpose
  • Manufacture, Transport Disposition and Defacement of Weapons
  • Unlawful Use, Possession, or Sale of a Controlled Dangerous Substance (excluding a disorderly or petty disorderly offense)

One of these charges results in status as a certain person whether it occurs in New Jersey or another state, territory, commonwealth or jurisdiction of the United States. Once an individual qualifies as a certain person in accordance with 2C:39-7, they essentially forfeit their Second Amendment rights to bear arms/weapons and face a serious criminal offense if they are found in possession of a weapon.

Is There Any Other Way To Become A Certain Person? Yes, an individual who has been “committed” for a mental disorder can also be a certain person not to possess a weapon.

How Is The Grade of A Certain Persons Offense Determined? A certain persons offense results in a second degree crime, third degree crime or fourth degree crime depending on the nature of the weapon possessed. When the weapon possessed is a handgun or other firearm, this offense is a second degree crime except where the qualifying conviction is for a disorderly persons offense involving domestic violence, in which case it is a third degree crime. If a certain person is found in possession of a weapon that is something other than a firearm like a knife, bat, or another object capable of being used to inflict harm, the grade of crime is a fourth degree.

Penalties for a Certain Persons Violation in New Jersey. Any conviction under N.J.S.A. 2C39-7 is a felony and therefore involves exposure to significant penalties including prison, thousands of dollars in fines, and other consequences. The following penalties apply to each grade of this offense:

  • Second Degree Certain Persons Not to Have a Weapon. An individual is exposed to five (5) to ten (10) years in prison, a fine of up to $150,000 and parole ineligibility requirements under the Graves Act. As with all second degree crimes, a presumption of incarceration applies.
  • Third Degree Certain Persons Not to Have a Weapon. A period of incareration of up to five (5) years and a fine of $15,000 apply. There is no presumption of incarceration.
  • Fourth Degree Certain Persons Not to Have a Weapon. A prison term of eighteen (18) months and fine of $10,000 apply.

If the violation involves a firearm, the Graves Act also applies. This law requires that an individual serve a specified period in prison before there is any possibility of parole (a.k.a. mandatory minimum sentence).

Certain Person Not To Possess a Weapon Defense Lawyer

If you are looking for a certain person not to possess a weapon defense lawyer, you are in the right place. The attorneys at our Middlesex County Criminal Defense Firm have defended many clients charged with this offense and have the know-how necessary to achieve the result you need. We will undertake a thorough review of the facts and chronology of your case and formulate a plan to allow you to avert a prison/jail sentence and other penalties for possessing a weapon in Highland Park, South Brunswick, Old Bridge, Piscataway or Edison. For a free consultation with an attorney in our Piscataway Office, call us at 732-562-0308.