What are “Certain Persons” Weapons Charges in NJ?

We're Proud to Serve the Members of NJEA, UFCW Local 1262, and the NJ Policemen's Benevolent Association.

Contact Our Office

We Accept the Following Payment Options

Category Archives: Weapons Offenses

What are “Certain Persons” Weapons Charges in NJ?

Monmouth County NJ Certain Persons Weapons Charges Defense AttorneysNew Jersey and New York have some of the strictest gun regulations in the U.S. One such regulation is the limitation of “certain persons” from acquiring or owning weapons and/or firearms. Certain persons charges can range from second to fourth degree felonies and carry severe penalties upon conviction. New Jersey lawmakers have put these statutes into effect to protect public safety.

Today, our weapons charges defense attorneys will identify state certain persons charges and the associated penalties if convicted.

Monmouth County, NJ Certain Persons Weapons Charges Defense Attorneys

Your Monmouth County certain persons weapons charges defense attorney might choose to attack a case in a number of different ways. At a high level, defense will hinge on proving that a defendant either 1. did not possess weapons or 2. was not considered a “certain person” ineligible of possessing said weapons. Pursuant to N.J.S.A. Section 2C:39-7, charges may result from any of the following:

  •  An individual possesses a weapon after having been convicted of aggravated assault, arson, burglary, homicide, kidnapping, aggravated sexual assault, escape, extortion, robberysexual assault, intimidation, or endangerment of the welfare of a child
  • An individual possesses a weapon after having been previously convicted of domestic violence regardless of whether said domestic violence involved the use of a weapon
  • Possessing a weapon after having had a weapon seized as per the New Jersey Prevention of Domestic Violence Act of 1991
  • Criminals who have been convicted of violent crimes outside of the U.S. which were similar in nature to the violent crimes listed in the first bullet point above
  • An individual possessing a weapon after having been convicted of a drug crime of the fourth degree or higher
  • Individuals with a history of mental illness possessing a weapon (dependent on circumstance)

Asbury Park Weapon Charges Criminal Defense Lawyers Identify Penalties for Certain Persons Convictions

As mentioned previously, certain persons charges range from second to fourth degree felonies in New Jersey. If convicted, here are the penalties which offenders may face:

Fourth degree certain persons convictions may lead to maximum prison sentences of 18 months, fines up to $10,000, and a felony mark on your permanent criminal record.

Third degree certain persons convictions may lead to prison sentences between three (3) and five (5) years, maximum fines of $15,000, and a felony on your permanent, public criminal record.

Second degree certain persons convictions may lead to prison sentences between five (5) and ten (10) years, fines up to $150,000, and a felony mark on your permanent, public criminal record.

Second degree convictions carry what is known as a “presumption of incarceration”. Third and fourth degree convictions carry a “presumption of non-incarceration. This is a major distinction for first time offenders. Convictions with a presumption of incarceration mean that prisons sentences must be served regardless of whether or not this is a first time offense. On the flip side, third and fourth degree convictions often comes with suspended sentences due to the presumption of non-incarceration.

Certain persons offense are somewhat unique in that many charges stem from previous criminal convictions, which makes avoiding prison time difficult. For this and many other reasons, it is essential to secure the services of a qualified and experienced criminal defense attorney when facing such serious charges.

Contact our West Long Branch Certain Persons Criminal Defense Attorneys Today

The certain persons criminal defense attorneys of Chamlin, Rosen, Uliano & Witherington have extensive experience serving local Monmouth County communities including West Long Branch, Red Bank, Middletown, Freehold, Asbury Park, Howell, and across all of Eastern New Jersey. Our legal team is built on a foundations of family, integrity, ethical practice, and offering the highest quality legal solutions for our clients. We have successfully fought to have our clients’ charges reduced or dismissed over many decades of focused legal practice.

To speak with one of our qualified certain persons criminal defense attorneys in a free and confidential consultation, please contact us online or call our West Long Branch, NJ office at (732) 440-3950 today.

Asbury Park Armed Robbery Ends in 65 Year Prison Sentence

On October 21, 2014, Asbury Park local Mario Figueroa, 44, committed an act of armed robbery. First degree armed robbery carries a maximum sentence of 20 years in state prison. However, other weapons offenses and additional charges for violent actions of Figueroa in the interim proceedings has led to his prison time being more than… Continue Reading

30 pot plants seized in Howell drug raid along multiple weapons

A Howell Township man was arrested Friday Morning after authorities raided his home and discovered an arsenal of weapons and a marijuana grow operation. Police announced this week that Christopher Kilbride, of Howell Township, was arrested following an ongoing investigation that was conducted by The New Jersey State Police, The Naval Criminal Investigative Service and… Continue Reading

Howell NJ Police Arrest Man Who Allegedly Threatened Himself with Handgun

Howell NJ police recently arrested a man accused of threatening himself with a gun during a frightening standoff. The scary incident went down around 12:00 p.m. at an access point for the Manasquan Reservoir on Squankum-Yellowbrook Road in Howell, New Jersey. The suspect’s family called the Howell Township Police Department to report that he was… Continue Reading

Neptune NJ Police Nab Two Suspects in Home Invasion Armed Robbery

Police in Neptune City recently arrested two men who are accused of committing a violent home invasion and robbery at a local apartment building. According to authorities, the theft occurred at the home of the apartment complex manager and his wife. The suspects allegedly forced their way into the residence, which is located on Steiner… Continue Reading

NJ Supreme Court Orders New Trial for Man in Neptune NJ Murder Case, but He Already Died

The New Jersey Supreme Court recently handed down a ruling that required Monmouth County prosecutors to re-try a murder case against a Neptune NJ man. However, the defendant won’t get the chance for a re-trial because he tragically died just a few days before the ruling was issued. The state’s highest court declared that David… Continue Reading

Long Branch NJ Police Seize Rifle, Shotgun, Revolver, Illegal Ammunition from Apartment

Officers with the Long Branch Police Department arrested four men for weapons offenses after reportedly overhearing the suspects talk about committing a shooting. According to Long Branch authorities, law enforcement received a call about a loud noise coming from an apartment in a complex on Jackson Street in Long Branch, New Jersey. When a Long… Continue Reading

Neptune NJ Police Investigate Two Shootings, including Homicide on Neptune Township Street

Police are conducting an investigation after a Bradley Beach NJ man was shot and killed on a street in Neptune, New Jersey. The fatal shooting occurred around 8:18 p.m. According to the Monmouth County Prosecutor’s Office, the victim was standing outside a residence located on the 1300 block of 7th Avenue in Neptune NJ when… Continue Reading

What Matters Most

  • You gave me strength, support, comfort, and beyond powerful legal assistance, you gave extra kindness and generosity beyond expectation, as if you were my brother, beyond normal, in the realm of righteous.

Ready to Represent You

Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

monmouth county lawyer map

Contact Our Office

Not sure where to begin? We welcome all inquiries and will help in whatever way we can.