Ocean County Weapons Lawyer: Possession of a Weapon by a Previously Convicted Person
In New Jersey, residents are allowed to own weapons and firearms as provided by the U.S. Constitution. However, our state has set up laws to regulate who can lawfully own these weapons and firearms. For instance, if you have been found guilty of a crime, depending on the circumstances, you may or may not be able to own a gun or weapon in New Jersey. Since these regulations can be very confusing it often results in a person unknowingly committing the crime. A common example is someone with a past conviction who inherited guns from a family member. However, the simple fact is that it does not matter if it was a mistake or not, if you are convicted you will face substantial penalties including up to 10 years in jail. If you are facing Ocean County weapons charges it is essential that you hire an Ocean County Weapons Defense Lawyer that has experience and who knows the court system. The Law Offices of John F. Marshall is an Ocean County Criminal Defense Firm with almost 60 years of combined experience that specializes in defending people charged with weapons offenses throughout New Jersey. Our weapons defense lawyers pride themselves on their high success rate which is directly reflective of our aggressive tactics and dedication. The former prosecutors and seasoned attorneys from our office will defend you against weapons charges stemming from anywhere in Ocean County including Lakewood, Seaside, South Toms River, Bay Head, Jackson, Lakehurst, Manchester, New Egypt, Point Pleasant, Pine Beach, Barnegat Light, and Lavalette. Call us anytime for a free initial consultation with one of our senior criminal defense lawyers who address any of your concerns.
Certain Persons Not to Have Any Firearms
Pursuant to 2C:39-7, Certain Persons Not To Have Weapons, it is a second degree crime for an individual who has been previously convicted of certain crimes to purchase, possess, or own a firearm. These criminal convictions include stalking, aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, endangering the welfare of a child, a past weapons charge, a crime involving domestic violence, running a drug distribution scheme, or distributing drugs in a school zone. If you are found guilty of having one of the above past convictions and possessing a firearm you will be sentenced to jail up to 10 years including a mandatory minimum of 5 years without the possibility of parole. Furthermore, if the defendant is sentenced to an extended term then the mandatory minimum term will be tacked to any additional term. It is also a third degree crime for any person who has been convicted of a disorderly persons offense involving domestic violence who purchases, owns, possesses or controls a firearm. You can be sentenced to prison for up to 5 years if you are convicted of a third degree crime. Lastly, it is a fourth degree crime for a person to purchase, own, or possess any other weapon such as a switchblade, brass knuckles, stun gun, dagger, billy club, etc. if they have been previously convicted of any of the above mentioned crimes, declared mentally ill or ever been committed, or convicted of an indictable crime for the unlawful use, possession or sale of a controlled dangerous substance. A fourth degree conviction brings up to 18 months of incarceration.
Because of New Jersey’s strict weapons laws these types of crimes are often very hard to successfully defend. This is why it is even more important for you retain an experienced law firm which concentrates on representing weapons defendants. The Law Offices of John F. Marshall is made up of veteran weapons defense attorneys and former prosecutors from Monmouth and Ocean Counties. In fact, lawyer Thomas V. Campo from our firm is the former prosecutor of more than 20 Ocean County municipalities including Brick Town, Forked River, Ocean, Little Egg Harbor, Manahawkin, Barnegat, Lacey, Tuckerton, Waretown, Stafford, Beachwood, Long Beach, and Plumsted. Our lawyers regularly appear in Ocean County Superior Court to aggressively defend clients facing weapons charges and we are often successful at getting these types of charges downgraded or dismissed entirely. Call us toll free to talk to an experienced criminal defense attorney who can answer your questions at no cost to you.
