New 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, the 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, robbery, sexual 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 prison 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 come 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 foundation 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.