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Possession of a Firearm During the Commission of a CDS Offense
A weapon offense that our lawyers frequently defend in Middlesex County is possession of a weapon during the commission of a controlled dangerous substance (“CDS”) offense. If you have been charged with distribution of drugs or another qualifying CDS offense while in possession of a handgun, shotgun, rifle or even a BB/Pellet gun, you need to consult an attorney as soon as possible. The charge you are facing is a second degree crime that is supposed to result in at least five years of incarceration. Marshall Bonus Proetta & Oliver has considerable experience defending N.J.S.A 2C:39-4.1 (“Possession of weapons during commission of certain crimes; penalties”) charges arising in Woodbridge, Perth Amboy, Edison, Monroe and Sayreville, and even employees Jason Seidman, Esq., the former supervisor of the gangs, guns and drugs task force at the Middlesex County Prosecutor’s Office. We have over 100 years of collective experience representing individuals like you at the Middlesex County Superior Court in New Brunswick NJ. Contact us for immediate assistance with bail or other issues involved in your charge for possession of a firearm during the commission of a CDS offense. We can be reached in New Brunswick 24/7 at 732-246-7126.
CDS Offenses Falling Under 2C:39-4.1. The CDS/drug offenses that trigger this weapon offense when a firearm is present include leader of narcotics trafficking network, maintaining a CDS production facility, distributing drugs of any kind and employing a juvenile in drug distribution.
Material Elements That The Prosecutor Must Establish. To establish guilt, the prosecution must prove that the defendant simultaneously possessed a firearm and drugs while committing a qualify CDS crime. When the weapon is not a handgun or other firearm, there is an additional element that the state establish that the purpose of having the object was to use it for an unlawful purpose or that the possession was under circumstances manifestly inappropriate.
Treatment as a Separate Offense. Subsection (d) provides that a conviction for this violation does not merge with the related CDS offense resulting in this charge. In other words, this second degree crime applies in addition to the penalties that a defendant may be facing for distribution or another qualifying CDS activities. In addition, the state may also seek a conviction for possession of a weapon for unlawful purposes and unlawful possession of weapons.
Penalties. The penalties for this second degree crime include 5-10 years in state prison and a fine that can reach $150,000.
New Brunswick Possession of a Firearm During A CDS Offense Lawyer
All 2C:39-4.1 violations are heard in one place and that is at the county courthouse in New Brunswick. This is the only court with authority to decide a second degree weapon offense like possession of a firearm during the commission of a CDS offense. The attorneys at Marshall Bonus Proetta & Oliver have been representing clients at this venue for well over twenty years. A lawyer who is fully familiar with the court system and personnel at the New Brunswick Superior Court is available immediately to discuss your case by contacting our Woodbridge Office at 732-634-0700.