Hopatcong NJ Certain Persons Not to Have Weapons Lawyer
Weapons Defense Attorneys in Sussex County and Warren County, New Jersey
The New Jersey Criminal Code outright prohibits certain persons with prior criminal records or a history of domestic violence from possessing weapons and firearms. That is, a criminal or domestic violence history is not only a bar to legally purchasing weapons, but it is a separate criminal offense for such persons to own, possess, or control any weapons or firearms. Importantly, the criminal code imposes a mandatory prison sentence for firearm-related certain persons offenses. If you are charged with a certain persons offense in Sussex County or Warren County and you are scheduled to appear in the Criminal Division of the New Jersey Superior Court, contact the experienced weapons defense attorneys at the Tormey Law Firm.
Our renowned criminal lawyers go to battle every day on behalf of clients in Hopatcong, Vernon, Belvidere, Sparta, and across Warren and Sussex County, New Jersey. With award-winning defense lawyer Travis J. Tormey leading the way, we develop innovative and highly effective defense strategies to minimize or eradicate the potential consequences our clients are facing. Contact our offices today at 973-755-1695 to discuss your case and find the answers you need to protect your rights and your innocence.
Certain Persons Not to Have Weapons in New Jersey: N.J.S.A. 2C:39-7
According to N.J.S.A. 2C:39-7(a) any person, having been convicted in New Jersey or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation or endangering the welfare of a child, whether or not armed with or having in his possession any weapon, or any person convicted of the possession of a prohibited weapon or device, the possession of a weapon for an unlawful purpose, or the unlawful disposition of a firearm, or any person who has been committed for a mental disorder or any person who has been convicted of other than a disorderly persons offense or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance who purchases, owns, possesses or controls any weapons is guilty of a crime of the fourth degree.
When it comes to guns, N.J.S.A. 2C:39-7(b)(1) sets forth that a person having been convicted in New Jersey or elsewhere of the crime of 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 of domestic violence, whether or not armed with or having in his possession a weapon, or any person convicted of the possession of a prohibited weapon or device, the possession of a weapon for an unlawful purpose, the unlawful possession of a weapon, or the unlawful disposition of a firearm who purchases, owns, possess or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court.
Additionally, N.J.S.A. 2C:39-7(b)(2) and (3) establishes that a person convicted of a disorderly persons offense involving domestic violence or whose weapon is seized pursuant to the Prevention of Domestic Violence Act who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree. Moreover, whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdictions of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or county is comparable to one of the crimes enumerated by the certain persons statute, the that person shall be subject to the provisions of the certain persons law.
The penalties for certain persons offenses are severe. In fact, for firearms offenses, the term of imprisonment shall include a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole.
Vernon NJ Certain Persons Defense Attorneys Fight for You
If you are facing a charge for a certain persons offense in Sussex County or Warren County, your first phone call should be to the Tormey Law Firm’s weapons and firearms defense team. One of our highly experienced defense attorneys will be happy to discuss your case and potential strategies to beat these charges. Just call 973-755-1695 anytime for additional information.