Criminal Attorneys in Mount Holly for Clients Charged With Possessing a Firearm While Distributing Heroin, Marijuana, Cocaine & Other Drugs
Were charged with possession of a firearm while during the commission of a controlled dangerous substance offense or bias crime? If you find yourself in the unfortunate position of facing this charge, it certainly is wise that you are doing your research since the stakes are extremely high. You are exposed to as much as ten years in prison if convicted and, worse yet, this violation applies on top of the Burlington County unlawful possession of a handgun charge or other weapon offense that was filed in your case. Selecting the right criminal lawyer to defend you may be the most important decision you make to maintain your liberty. Someone who is highly accomplished in representing clients arrested for distribution of cocaine, marijuana heroin, and other drugs, as well as gun charges, is going to provide the best opportunity for a dismissal or other favorable outcome. This is precisely the level of representation that the attorneys at our firm can provide.
We are the Law Offices of Jonathan F. Marshall, a powerhouse team of talented defense lawyers. Our qualifications for handling your handgun or other weapon offense are truly exceptional and include:
- Over 200 years of combined experience representing clients at the Burlington County Superior Court in Mount Holly and throughout the region
- Ten lawyers whose practices focus exclusively in the area of criminal defense
- Former county prosecutors who have served as Director of the Guns Task Force, Drug Task Force, Major Crimes Bureau, the Trial Division
- Certified criminal trial attorneys
- A Mount Holly Office located just a block from the county courthouse
- Countless stories of excellent results defending clients arrested in Evesham, Burlington Township, Mt. Laurel, Pemberton, Willingboro, Medford, Cinnaminson, Delran, Bordentown, Florence, and other area municipalities
Credentials like these are certainly rare and you undoubtedly recognize this fact if you have done your research. You can take advantage of a free initial consultation with one of our talented attorneys anytime 24/7 by calling 609-491-2110. A lawyer is available to assist you with any questions, help you prepare for an upcoming detention hearing in Mt. Holly or any other aspect of your case.
Possession of a Firearm While Distributing CDS or Committing a Bias Offense
N.J.S.A. 2C:39-4.1 makes it a second degree crime to possess a handgun, shotgun, rifle or other firearms during the commission of a CDS offense. Drug charges falling within this law include manufacturing, distributing or possession with intent to distribute CDS, leader of narcotics trafficking network, operating a CDS production facility, employing a juvenile in drug distribution, or distribution of CDS in a school zone or within 500 feet of a public park. Some of the more detailed aspects of this law are addressed in the headings below.
Elements of Offense. “In the course of committing” may include the immediate flight after the commission or the attempt. In order to obtain a conviction, the state must prove the underlying elements for the possession of a firearm offense, the underlying elements of the specified controlled dangerous substance offense, or bias intimidation and that the possession of the firearm occurred while in the course of committing the specified offense. Although the statute does not set forth a culpability, it should be construed to require a knowing possession.
Penalties. The standard penalties that apply at the time of sentencing include 5-10 years in prison and a fine that can reach $150,000.
Consecutive Term of Imprisonment. N.J.S.A. 2C:39-4.1 is very specific in indicating that a conviction “shall not merge with a conviction for” the drug activities triggering the violation. Furthermore, the term of imprisonment imposed for violating this law must run consecutive to the sentence on the predicate CDS charge.
Mount Holly Possession of a Handgun During CDS Activities Defense Attorneys
A criminal charge for illegal possession of a firearm, especially a handgun, results in severe penalties under New Jersey. The situation is further compounded when the weapon is seized along with drugs since that can result in a 2C:39-4.1 offense that must run consecutively in the event of a conviction. Hiring the very best attorney you can identify is a must if you were arrested under these circumstances. The lawyers at the Law Offices of Jonathan F. Marshall have the experience and skill that count when stakes as extreme as a firearm case are involved. Call our firm at 609-491-2110 to speak to an attorney on our team immediately.
