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 at the Superior Court 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. If you have been charged with this violation, you had better retain the very best Middlesex County criminal defense lawyer that you can identify.

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. Our unique experience for ensuring a successful defense to your weapons charges is unparalleled in our estimation and includes:

• Over 200 years of experience working at the Middlesex County Superior Court in New Brunswick on handgun and other weapons cases
• Former prosecutors that such as Jason Seidman, the former Director of the Guns Task Force at the Middlesex County Prosecutor’s Office, and others who have served as Director of Major Crimes, Special Victims, Juvenile, Domestic Violence and even the entire Trial Division
• Certified criminal trial attorneys
• A long history of success representing clients charged with being a certain person not to possess a handgun or other weapon in Middlesex County New Jersey
• Offices conveniently located in Edison and New Brunswick opposite the county courthouse to serve you

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.

Middlesex County Certain Person Offense

The offense known as being a certain person is set forth at N.J.S.A. 2C:39-7 of the New Jersey Criminal Code. A person can be charged with this violation if they possess any form of weapon, including a handgun, shotgun, rifle or BB/pellet gun, after being convicted of any of the following criminal charges:

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.

Other Ways Someone Is Considered a Certain Person. An individual who has been “committed” for a mental disorder or someone found to have committed domestic violence (i.e. had a final restraining order entered against them) is also considered a certain person not to possess a weapon.

Grading In Terms of Severity of Certain Persons Offense. 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 Middlesex County

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 incarceration 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). You should also know that Pretrial Intervention (“PTI”) typically isn’t an avenue for relief in a certain person case.

Certain Person Not To Possess a Weapon Defense Lawyer in Middlesex County New Jersey

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 732-392-7202.

Frequently Asked Questions in Middlesex County Certain Persons Cases

Who Is Prohibited From Owning A Firearm In New Jersey? New Jersey makes it a crime to own, possess, purchase, or control a weapon if you have been convicted of specific offenses. It is important to understand that a qualifying conviction does not need to be from New Jersey but can involve convictions from any state within the U.S.
Convictions that make it subsequently illegal to own a firearm in New Jersey include: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, endangering the welfare of a child, stalking, or a crime involving domestic violence. You are also prohibited from having a weapon (e.g. handgun) if you were previously committed to a mental institution or committed domestic violence (i.e. subject of a restraining order). If you are found in possession of a gun in Middlesex County, or any weapon for that matter, and have a criminal record or prior mental disorder, you will be charged with a Middlesex County certain person not to possession a weapon offense.

Can I Go To Jail If I’m Caught With An Illegal Gun? Yes. New Jersey has some of the toughest gun laws in the country. You will face an indictable crime of the second degree, something that can land you in prison for as much as 10 years, if you own, purchase, possess, or control a firearm after being convicted of most crimes, have been the subject of a restraining order, or have been committed to a mental institution. If you violate this law, then you may face significant penalties, which may include jail time. In addition, possession of certain types of firearms may also result in a mandatory jail term to be served without the possibility of parole. Unlawful weapons include defaced guns, sawed-off shotguns, and machine guns.

Can I Own A Gun If I Have Been Convicted Of A Domestic Violence Offense? No. New Jersey law prohibits individuals who have been convicted of a domestic violence offense from owning a firearm. Some domestic violence offenses include assault, harassment, stalking, threats, and kidnapping. It is important to understand that to be considered a domestic violence offense, the victim must generally be a romantic partner, spouse, member of your household, or someone you share a child with. Furthermore, if you have been convicted of a domestic violence offense or are the subject of a restraining order, you are also prohibited from owning any weapon, not just a firearm. You can be charged in Middlesex County with a certain person offense if you possess a weapon after being convicted of a crime, mentally committed or subject to a domestic violence restraining order.

What Is Considered A Weapon In New Jersey? The law in New Jersey makes it illegal for certain persons to own, possess, control, or purchase a weapon. Most people think of a weapon as a gun or a knife. But the law includes many other types of weapons that certain persons are prohibited from having. A few examples of what the law could consider a weapon are: brass knuckles, swords, slingshots, crossbows, razor blades stuck in wood, and daggers. If you are a person who is prohibited from having a weapon and you are found to have any of those items in your possession, you may be charged with a criminal offense and face jail time.

How Can A Conviction Impact My Life? A certain person not to have a weapon charge is an indictable offense in New Jersey. This means that a conviction of that offense can carry significant penalties, including jail time. A second-degree person not to have a weapon charge can result in a jail sentence of 10 years and a fine of up to $150,000. In addition to the criminal penalties, the conviction will go on your permanent criminal record, making it more challenging for you to obtain or maintain employment. Additionally, a conviction for an indictable offense could have an impact on any pending or ongoing child custody case you may have.

Do I Have To Have A Weapon On Me To Be Charged With A Certain Person Not To Have A Weapon Offense? No. You can be charged with a certain person not having a weapon offense if you are found to have control of a weapon. Control means that you know where the weapon is located, it is in your immediate area, and you have access to it should you decide to use it. An example of this would be keeping a knife in the glove box of your car. In that example, the knife is not on your person, but it is easily accessible to you, and you are aware of its location.