Certain Person Not to Possess a Weapon
Certain Persons Not to Have Weapons Lawyer in Monmouth County NJ
Certain persons not to possess a weapon is a very serious offense in New Jersey, one that not only dictates mandatory incarceration but also a mandatory consecutive sentencing as well. To make matters worse, this offense is usually in addition to other serious indictable offenses like unlawful possession of a weapon, possession of a weapon for unlawful purpose, robbery, burglary and aggravated assault. Those are just a couple of the reasons that if you or a loved one has unfortunately found themselves being charged with this type of offense that it is essential that you contact an experienced criminal defense attorney as soon as possible. If you would like to speak to one of the criminal defense lawyers at Proetta & Oliver, then please contact our Middletown office at 732.858.6959. One of our Monmouth County criminal defense lawyers would be glad to go over the underlying facts of your case and formulate a strategy that works best to suit your needs.
Facing a Certain Persons Charge in Freehold, New Jersey
In essence, a certain persons not to possess a weapon charge seeks to prosecute those caught with a weapon whom had previously been convicted of one of their enumerated offenses. In other words, the underlying purpose of this offense is to create harsher penalties for certain individuals. Pursuant to NJSA 2C:39-7, which is the governing statute for certain persons not to a possess a weapon, in order to obtain a conviction, the prosecution would need to prove three material elements. Those elements are as follows:
- The item in question is in fact in a Weapon*;
- That the Defendant purchased, owned, possessed or controlled the weapon in question; &
- That the Defendant has previously been convicted of one of the following offenses:
A weapon has been defined as anything that is capable of being used lethally or able to inflict serious bodily injury. Basically, anything could be construed as a weapon depending on the underlying facts of the case. For example, items like a pair of scissors, a chair, a beer bottle, a shovel or a hammer could be considered a weapon if used in an unlawful manner.
Is there Jail Time for a Certain Persons Charge in New Jersey?
If the weapon in question is considered a firearm, the individual will be facing a crime of the second degree. Anyone charged with a crime of the second degree will be facing anywhere from five to ten years in a State Prison and a fine up to $150,000. Furthermore, pursuant to NJSA 2C:39-7b(1), anyone convicted of this offense shall be sentenced to a term of imprisonment and the term shall include the imposition of a parole ineligibility term, which shall be fixed at five years.
If the weapon question is not considered a firearm, then the Defendant will be facing a fourth degree crime. If convicted, the Defendant will be facing up to eighteen months in State Prison and a fine up to $10,000.
If the Defendant had forfeited their right to possess a firearm as a result of the an act of domestic violence, including the imposition of a final restraining order, then they will be charged with a crime of the third degree. If convicted, a Defendant will be facing anywhere from three to five years in a State Prison and a fine up to $15,000.
Can I Get Bail on a Certain Person Crime in New Jersey?
Pursuant to New Jersey’s bail reform, the prosecution now has the ability to seek to detain a Defendant in the County jail, pending trial, without bail if they see fit. In order to do so, they must file for and be successful at a Detention Hearing. During this hearing the prosecution will seek to convince the Judge by clear and convincing evidence, that there are no conditions which could assure the Defendant’s appearance in court, prevent them from obstructing the prosecution of their case and/or adequately protect society.
Asbury Park NJ Certain Persons Charge Lawyer
Proetta & Oliver is a Monmouth County based criminal defense firm that has been defending those accused of a serious indictable crimes like certain persons charges for the better part of the last decade. If you would like to schedule a free initial consultation today with one of our criminal defense lawyers, then please contact our Middletown office at 732.858.6959 or you can fill out our online contact form by clicking the link. Our office fully understands what a felony criminal conviction let alone what a lengthy State Prison sentence can do to your life. As such, we are dedicated to aggressively defending these types of matters in order to achieve a desirable outcome. We serve all of Monmouth County, including Howell, Long Branch, Freehold, Middletown, Ocean Township, West Long Branch, Wall Township, Highlands, Keansburg, Keyport and Manalapan.