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Certain Persons Attorney in Hackensack, NJ
In New Jersey, being charged with a “Certain Persons Not to Have Weapons” offense is a serious matter that can drastically alter your future. Under N.J.S.A. 2C:39-7, individuals who have prior felony convictions, certain disorderly persons offenses, or specific mental health or substance abuse histories are legally prohibited from possessing firearms or other deadly weapons. A violation occurs when someone in this restricted category is found in possession of a weapon, even if it was legally obtained by someone else. Understanding how this law applies to your situation is critical to protecting your rights and freedom.
If you’ve been charged under New Jersey’s Certain Persons statute, you need an experienced criminal defense lawyer who knows how to challenge the state’s evidence and fight for your future. At Lustberg Law Offices, LLC, New Jersey Certain Persons attorney Adam M. Lustberg has a proven record of defending clients in Certain Persons cases across New Jersey. With over a decade of experience handling New Jersey’s firearm laws, our NJ gun crime lawyer can craft a strategic defense to minimize penalties or seek dismissal of charges altogether.
Contact us today at (201) 880-5311 for a confidential consultation
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
New Jersey’s laws can sometimes be a bit confusing. This is especially true when the name of a crime doesn’t give much information about the nature of the offense. One example is the “Certain Persons Offense.” This term can be confusing at first. What does “certain persons” mean in this context? What type of crime does this refer to? Is this a crime that could land you in jail?
You cannot possess a weapon if your New Jersey classification is “certain person.” If you are caught with one, you face severe consequences. Not only firearms are considered “weapons,” but also other types of items. If you have knives, silencers, stun guns, brass knuckles, or hollow-point bullets, this offense could also be used against you.
Even though the legal terminology in New Jersey can be confusing, a professional lawyer is familiar with these offenses. It is important to seek the legal advice of a qualified and experienced Certain Persons attorney right away if you are charged with a “Certain Persons Offense.” This offense is serious in New Jersey, despite its misleading and vague title. You can get legal advice to help you understand the consequences of this crime, and an attorney can also help you seek a favorable outcome in court.
Adam M. Lustberg is a respected New Jersey criminal defense attorney who has dedicated his career to representing individuals accused of crimes. With over 14 years of experience handling complicated criminal cases, Mr. Lustberg understands the serious consequences that accompany these charges, including mandatory prison sentences and long-term impacts on one’s rights and freedom. His early experience as an intern at the Essex County Public Defender’s Office and the Seton Hall Juvenile Justice Clinic shaped his passion for defending those facing the full weight of the criminal justice system.
A graduate of Seton Hall University School of Law (2004) and admitted to practice in both New Jersey and New York, Mr. Lustberg has represented clients at every stage of the legal process. He has defended individuals accused of a wide range of crimes, including gun offenses, violent crimes, and drug charges. Recognized by Super Lawyers – Rising Stars, Bergen’s Best Lawyers, and The National Trial Lawyers Top 100, Adam has earned a 10/10 Avvo rating for his professionalism and client advocacy. Known for his meticulous preparation and persuasive courtroom presence, he is dedicated to protecting his clients’ rights and achieving the best possible outcome in every case.
If you’ve been convicted of certain crimes or have been found to have certain mental health conditions, you are prohibited under New Jersey law from possessing or obtaining a firearm. If you fall under any of these classifications and are found with a weapon, you could face charges for unlawful possession of a weapon and a Certain Persons offense under N.J.S.A. 2C:39-7.
Specifically, those covered under the Certain Persons statute include individuals previously convicted of offenses such as:
Additionally, individuals who have been committed to a psychiatric hospital or mental institution, who have been convicted of the unlawful use, possession, or sale of a controlled dangerous substance, or who are subject to a restraining order or court order prohibiting firearm possession are also barred from having a gun in New Jersey.
The penalties for a Certain Persons offense vary depending upon the degree of the crime involved. The grading often depends on the type of weapon possessed. If a certain person is caught with a weapon other than a firearm, it is a fourth-degree offense. If the weapon possessed is a firearm, such as a handgun, rifle, or shotgun, it is a second-degree offense. However, if the predicate conviction is a disorderly persons offense involving domestic violence, it is a third-degree offense.
As a defendant classified as a Certain Person in possession of a gun, you are facing a long, serious deprivation of your freedom. If you value your freedom, you should contact a qualified NJ Certain Persons attorney to fight for your constitutional rights and to protect you against a conviction for a criminal weapons offense.
If you’ve been identified as a Certain Person under New Jersey law and are charged with possessing a firearm or other weapon, a strong defense is essential. With an experienced New Jersey Certain Persons attorney on your side, your charges could be reduced or dismissed depending on the circumstances.
| Type or Prior Conviction | Degree of Offense | Typical Penalties |
|---|---|---|
| Felony-level crimes such as robbery, burglary, aggravated assault, or similar violent offenses | Second degree | 5 to 10 years in prison, with a 5-year minimum before parole eligibility |
| Disorderly persons offense involving domestic violence (with firearm possession) | Third degree | 3 to 5 years in prison |
| Possession of a non-firearm weapon by a disqualified person (e.g., prior drug or mental health conviction) | Fourth degree | Up to 18 months in prison and potential fines |
| Prior commitment for mental illness without a certificate of fitness | Fourth degree | Up to 18 months in prison |
A Certain Persons charge in New Jersey is a serious offense that applies when someone who is legally prohibited from possessing a weapon is found with one. While the penalties can be severe, several defenses may be available depending on the facts of the case.
One possible defense is that the prior conviction does not qualify as a predicate offense under New Jersey law. Only specific convictions listed under N.J.S.A. 2C:39-7 make someone a “certain person.” Prosecutors sometimes misinterpret out-of-state convictions or lesser charges, leading to wrongful accusations under this statute.
Another defense may involve questioning whether the object was actually a weapon. The law covers a range of items beyond firearms, but not every object qualifies as a weapon under the statute. If the item in question cannot reasonably be considered a weapon, the charge may not stand.
In some cases, it may also be shown that the defendant did not have possession or control of the weapon. To be convicted, prosecutors must prove either physical possession or constructive control, meaning the person had the ability and intent to access the weapon.
Other defenses may focus on constitutional violations, such as illegal search and seizure or Miranda violations. If the weapon was discovered without probable cause or if statements were made without proper Miranda warnings, that evidence may be suppressed and excluded from trial.
A New Jersey gun crime lawyer can also explore options for reduced charges, diversion programs, or sentencing alternatives, depending on the person’s background and the facts of the case. Every situation is different, but the focus remains on protecting the client’s rights, limiting penalties, and building a defense based on the evidence, not assumptions.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Facing a Certain Persons offense in New Jersey can alter your life, especially when your past or personal circumstances place you at risk of harsh legal penalties. These charges carry significant consequences, including possible imprisonment, loss of firearm rights, and a permanent criminal record. Every case is different, and the circumstances surrounding your arrest and prior convictions can greatly impact the outcome. It’s essential to have a knowledgeable attorney who understands both the law and the strategies needed to challenge the prosecution’s case.
If you or someone you know has been accused of violating N.J.S.A. 2C:39-7, the experienced attorneys at Lustberg Law Offices, LLC are ready to fight for you. Adam M. Lustberg, a skilled New Jersey Certain Persons attorney, has successfully defended clients against serious weapons charges in courts across the state. He can thoroughly evaluate your case, identify weaknesses in the prosecution’s evidence, and work tirelessly to protect your freedom and your future.
Contact us today at (201) 880-5311 to schedule a consultation and begin building your defense.
