In New Jersey, N.J.S.A. 2C:39-7 prohibits convicted felons, those convicted of certain misdemeanor crimes, documented alcohol and drug abusers, and those with certain mental illnesses from possessing firearms. An individual commits a Certain Persons offense when they are classified as not being allowed to possess firearms or other weapons and are then caught in possession of such a weapon. If you meet the criteria for a Certain Persons offense and are caught with a firearm or other weapon, you can be charged with both unlawful possession of a weapon and a Certain Persons offense. If convicted of these charges, the penalties are severe.
Hackensack criminal defense attorney Adam M. Lustberg, with more than a decade of experience, has successfully represented clients charged under the Certain Persons statute in superior courts throughout New Jersey, including Paramus, Fort Lee, Elmwood Park, Fair Lawn, Rochelle Park, Newark, Bloomfield, and East Orange, NJ. Contact him today to discuss your case and start your defense.
If you’ve been convicted of certain types of crimes or have a certain identified mental illness, you are not legally allowed to obtain a licensed firearm permit. If you fall under any of these classifications and are caught with a firearm, you could be charged with unlawful possession of a weapon and a Certain Persons offense.
Specifically, those covered under the Certain Persons statute related to prohibition of gun possession have been convicted of the following crimes:
Further, those who have previously been committed to a psychiatric hospital or mental institution, who have been convicted of the use, possession, or sale of a controlled dangerous substance, or who are under court order not to possess a firearm are legally prohibited from possessing a gun in New Jersey.
The penalties for a Certain Persons offense vary, depending upon the degree of crime involved. A Certain Persons grading often depends upon the nature of the weapon possessed. If a certain person is caught with a weapon other than a firearm, it is fourth degree offense. If the weapon possessed is a handgun or any other firearm, it is a second degree offense; however, if the conviction is for 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 gun crimes 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 vigorous defense is required. This defense should involve an attorney who may be able to show that the weapons search conducted by police was illegal, or that warrants were invalid, or that the reason you were stopped at all was unconstitutional, among other legal arguments that may be raised in your defense. With an experienced Hackensack Certain Persons attorney on your side, your certain persons offense charges could be dismissed or at least reduced.
New Jersey’s laws are sometimes a bit confusing. This is especially true when the name of a crime doesn’t give much information about the offense’s nature. 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 get 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 weapons. If you have knives, silencers, or stun guns as well, or brass knuckles and hollow-point shots, 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 criminal defense attorney right away if you are charged with a “Certain Persons Offense”. This offense is serious in New Jersey, despite the misleading and vague title. You can get legal advice to help you understand the consequences of this crime. They can also help you seek a favorable outcome in court.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
To learn what Bergen County criminal attorney Adam M. Lustberg can do to help you defend yourself against the complications and extended prison sentences for being a Certain Person possessing a firearm or other weapon, call or email today. Your case evaluation and consultation are entirely free.