Certain Persons

Certain Persons Not to Have Weapons

Burlington County Weapon Possession Lawyers

In today’s environment, gun rights and weapon laws are constantly being debated. New Jersey has always advocated for strict criminal laws on gun and weapon possession. Burlington County Police and the Burlington County Prosecutor’s Office have made a point of vigorously prosecuting weapon and gun cases that occur in Burlington County. In those instances were the defendant is a Certain Persons, you can be sure that the police will arrest and process the defendant for a crime violation of N.J.S.A. 2C:39-7. Under 2C:39-7, individuals who have been previously convicted of triggering violations are not permitted to possess weapons thereafter. A full list of the triggering violations under N.J.S.A. 2C:39-7 can be found below. If you or a loved one were arrested and charged with certain persons, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, carjacking, possession with intent to distribute or robbery in Burlington County, contact the law firm of Proetta, Oliver & Fay. We will step in at a moments notice to represent you in your criminal case or advocate on your behalf at your Detention Hearing. For an immediate consultation with an attorney, please contact our Mount Laurel office at 609.850.8284.

The Burlington County criminal lawyers of Proetta, Oliver & Fay have successfully handled gun and weapons cases throughout New Jersey. Firm partner and former New Jersey Deputy Attorney General, William C. Fay, IV, heads our criminal practice in Burlington County. Having spent part of his career with the State’s top attorney, Mr. Fay has crafted his litigation techniques and before countless judges. At Proetta, Oliver & Fay, we stand by our experience and results. If you have been charged with a Certain Persons offense involving a firearm in Burlington County, you are facing a mandatory minimum of five (5) years parole ineligibility. We represent individuals throughout Burlington County, including Willingboro, Mount Laurel, Bordentown, Burlington Township, Evesham and Bass River.

Certain Persons Attorneys in Bordentown NJ

In an effort to curb violent crimes, the New Jersey legislature enacted a criminal statute for that prohibits certain criminals from possessing weapons. Violations of certain persons restrictions will be in addition to any other violations for possession of a weapon for an unlawful purpose, simple assault or aggravated assault. To be considered a “certain person” a defendant must have previously been convicted of any one of the following crimes:

♦      Aggravated Assault
♦      Arson
♦      Burglary
♦      Extortion
♦      Homicide
♦      Kidnapping
♦      Robbery
♦      Aggravated Sexual Assault
♦      Sexual Assault
♦      Bias Intimidation
♦      Disorderly Persons Offense Involving Domestic Violence

What is a Weapon for a Certain Persons Crime?

Under N.J.S.A. 2C:37-7(a), it is unlawful for a certain person to possess a “weapon.” In these instances, the prosecutor must show that you possessed, owned or controlled a “weapon” and was either previously convicted of one of the above-listed disqualifying offenses or committed for a mental disorder. Under 2C:39-1, a “weapon” means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to:

(1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable;
(2) components which can be readily assembled into a weapon;
(3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades embedded in wood; and
(4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

What is a Certain Person Violation For Firearms Possession?

Under N.J.S.A. 2C:37-7(b)(1), it is unlawful for a certain person to possess a “firearm.” This is similar to the weapons offense, the prosecutor need only show that you are considered a certain person based on a prior criminal conviction and that your possession a firearm. Under 2C:39-1, a “firearm” includes: any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

Will I Go to Jail for a Certain Person Conviction?

Charges for certain persons violations fall under two categories: weapons and firearms. If you are charged and found guilty of possessing a weapon and you are considered a certain persons, then you are facing fourth degree felony crime. A fourth degree crime includes up to eighteen (18) months in a New Jersey State Prison and a $10,000 fine. Alternatively, if you are found guilty of possessing a firearm as a certain persons, then you are facing a more serious second degree felony offense. If you are sentenced for a second degree offense under N.J.S.A. 2C:39-7, you are subject to a mandatory minimum term of imprisonment of five (5) years. Additionally, this offense will be consecutive to your unlawful possession of a weapon offense.

Certain Person Defense Lawyer in Evesham NJ

As can be learned from reading the above information, criminal charges for certain persons offenses require your care and attention. You could be facing a multiple years behind bars, if convicted. If you or a family member have been arrested and charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose, aggravated assault, arson, burglary, kidnapping, robbery, aggravated sexual assault or sexual assault, the attorneys at Proetta, Oliver & Fay can help. Our office serves clients throughout Burlington County. For an immediate conversation with an attorney to discuss your options, please contact our office at (609) 850-8284.