Contact Our Camden Office To Speak To A Former County Prosecutor About Your Certain Person Charge
Certain people, such as those with a criminal record or mental disorder, are not permitted to own a firearm or possess other weapons. If you have been disqualified in this manner and are facing a certain persons offense in Camden County, it is important for you to take your charges seriously. This is especially true if your case involves a handgun, shotgun or other firearm since you are facing the potential for a long prison term if convicted. Selecting a talented defense attorney is the best step you can take to avoid severe penalties if you have been charged with violating N.J.S.A. 2C:39-7 (“Certain persons not to have weapons”).
We are the Law Offices of Jonathan F. Marshall, a criminal defense firm with rare qualification to ensure success in defending a certain person not to possess a weapon offense in Camden County. The team can offer you:
- Over 200 years of combined experience defending unlawful possession of a handgun, possession of a weapon for unlawful purposes, certain person, possession of a firearm during CDS activities and other weapons charges at the Camden County Superior Court
- Ten lawyers whose practice is limited exclusively to representation of those accused of violating the law
- Former county prosecutors that have served as the Director of Major Crimes, Gun Task Force, Juvenile Unit and even an entire Trial Division
- Certified criminal trial attorneys
- An office conveniently located in Camden just a few blocks away from the county courthouse where your 2C:39-7 will be heard
If you were arrested for being a certain person who cannot possess a weapon, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Lawyers are available to assist you with questions, preparation for a detention hearing or in any other context 24/7. Call (856) 288-3350 for a free consultation now.
Certain Persons Offenses in Camden County
The law for certain persons offenses is covered under N.J.S.A. 2C:39-7. According to the statute, a person convicted of one of the following crimes qualifies as a certain person:
- Aggravated Assault
- Arson
- Burglary
- Extortion
- Homicide
- Kidnapping
- Robbery
- Aggravated Sexual Assault
- Sexual Assault
- Endangering the Welfare of a Child
- Unlawful Possession of a Weapon
- Possession of a Weapon for an Unlawful Purpose
People with mental disorders and those convicted of a domestic violence offense are also disqualified from possessing a weapon (i.e. are a certain person under 2C:39-7).
Elements of Proof. There are certain fundamental elements that must be established, beyond reasonable doubt, by the prosecutor in order to convict someone for this violation. First, the state must prove that the item in question was a firearm or other weapon. Second, the accused must have purchased, owned, possessed or controlled the weapon. The third and final element that must be proved is that the defendant had a conviction falling under 2C:39-7 or was previously committed to a mental institution.
The criminal attorneys at the Law Offices of Jonathan F. Marshall defend certain persons in possession of a firearm or weapon throughout Camden County, including Winslow, Camden, Cherry Hill, Pennsauken, Lindenwold, Gloucester Township, Voorhees, Bellmawr, Collingswood, Gloucester City, Haddonfield and Stratford.
Degree Of Offense & Penalties
A certain persons offense can range from a second degree to fourth degree crime. The breakdown of the grading and related penalties are set forth in the headings below.
- Fourth Degree Crime. Violation of 2C:39-7 results in a fourth degree crime where someone previously convicted of an offense enumerated in the statute is in possession of a weapon other than a firearm. The penalties for a fourth degree certain persons offense include up to 18 months in prison and a fine that can reach $10,000.
- Third Degree Crime. If you possess a weapon and have a previous conviction for a disorderly persons offense involving domestic violence, you face a third degree certain person charge. A third degree crime exposes you to 3-5 years in prison and a fine of up to $15,000.
- Second Degree Crime. A second degree charge for possession of a weapon by a certain person arises when the item is a handgun, rifle, shotgun or other firearm. The penalties for a second degree crime include 5-10 years of imprisonment and a maximum fine of $150,000.
Graves Act Implications. When a certain person charge involves a firearm, it falls within the sentencing requirements of the Graves Act. This means that a mandatory minimum period of confinement (a.k.a. period of parole ineligibility) must be imposed. The minimum period of imprisonment is five years.
Camden NJ Certain Person Defense Lawyers
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a New Jersey Certain Persons Offense. A lawyer who understands the nuances of law and how to present your defenses as effectively as possible is available at our firm 24/7. To contact an attorney on our team immediately, call (856) 288-3350 at your convenience.
