Certain Persons Not to Have Weapons

Mercer County NJ Certain Persons Lawyers

New Jersey as a whole takes weapons offenses very seriously and Mercer County is no exception. Over the years there has been a strong push to not only arrest but to prosecute to the fullest extent of the law anyone who qualifies as a certain persons. To be charged with the crime of certain persons not to have weapons, the Defendant must have previously been convicted of one the enumerated offenses in NJSA 2C:39-7. Please see below for a specific list of the enumerated crimes. If you have been arrested and charged with certain persons, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, robbery, heroin distribution or any other offense for that matter in Mercer County, the Law Offices of Proetta & Oliver can help. Based on the new bail guidelines, a Defendant charged with this type of offense may be detained in the Mercer County Jail, without bail, pending trial. But before that can occur, the prosecution must file for and be successful at what is known as a Detention Hearing. For more information about detention hearings and how to defend them, please contact our office at (609)-609-0779.

The Mercer County criminal defense attorneys at Proetta & Oliver have been defending clients accused of crimes in courts throughout New Jersey, including Mercer County for years now. We are well aware of how serious these charges are and how aggressively they tend to be prosecuted. As you will see below, anyone convicted of certain persons not to have a firearm must be sentenced to a mandatory minimum of five years in a State Prison, with a mandatory five year parole ineligibility period. If you would like to come into our Hamilton office to discuss your options with Mr. Oliver or one of the other attorneys on staff, then please contact us at 609-789-0779. We serve all of Mercer County, including towns like Trenton, Hamilton, Ewing, East Windsor, West Windsor, Robbinsville and Hightstown.

Certain Persons Defense Lawyers in Hamilton NJ

Certain Persons not to have Weapons is an offense that was created in an effort to prevent certain individuals for ever being able to lawfully possess a weapon. The governing statute in New Jersey for this offense is NJSA 2C:39-7. It has in essence been broken down into three different subsections. They have a general “weapons” section, a “firearms” section and a “domestic violence” section. Each section sets out its own parameters for who is allowed to and who is not allowed to lawfully possess weapons in New Jersey. Here is a complete breakdown of each section.

In order for the a person to be considered a certain persons a Defendant must have first been convicted of one of the following offenses:

  • Aggravated Assault;
  • Arson;
  • Burglary; Escape;
  • Extortion;
  • Homicide;
  • Kidnapping;
  • Robbery;
  • Aggravated Sexual Assault;
  • Sexual Assault;
  • Bias Intimidation.

NJSA 2C:37-7a: “Weapons”

  • In order to be convicted of this offense, the prosecution must prove the following elements:
    • That the item in question is considered a “weapon”;
    • That the Defendant purchased, owned, possessed or controlled the weapon in question; &
      • The Defendant has previously been convicted of one of the crimes mentioned above; or
      • The Defendant was previously committed for a mental disorder.

NJSA 2C:37-7b: “Firearms”

  • In order to be convicted of this offense, the prosecution must prove the following elements:
    • That the item in question is considered a “firearm”;
    • That the Defendant purchased, owned, possessed or controlled the weapon in question; &
    • The Defendant has previously been convicted of one of the crimes mentioned above.

NJSA 2C:37-7b(2): “Domestic Violence”

  • In order to be convicted of this offense, the prosecution must prove the following elements:
    • That the item in question is considered a “weapon”;
    • That the Defendant purchased, owned, possessed or controlled the weapon in question; &
    • The Defendant has previously been convicted of an act of domestic violence.

What are the Penalties for a Certain Persons Charge?

If the Defendant is caught possessing a weapon and is considered a certain persons, they will be charged with a fourth degree felony. A fourth degree felony is punishable by up to 18 months in a State Prison, a fine up to $10,000 and a felony criminal record. If the Defendant is caught possessing a firearm and is considered a certain persons, then they will be charged with a second degree felony. Under this statute, the Defendant must be sentenced to a term of imprisonment for no less than five years and a five year parole ineligibility period must be imposed as well. Furthermore, this offense must run consecutive to any other sentence imposed. (In order to be convicted of a certain persons offense, the Defendant must have also been convicted of a unlawful possession of a weapons offense too)

Certain Person Defense Attorneys in Lawrenceville NJ

As you can see from reading above, certain persons charges carry with them life changing consequences. If you have been arrested and charged with certain persons, unlawful possession of a weapon, aggravated assault, simple assault or an act of domestic violence, the Law Offices of Proetta & Oliver can help. Our office serves all of Mercer County, including towns like Lawrence, Hamilton, Ewing, East Windsor, Princeton, Trenton, Hightstown, Pennington and Hopewell. If you would like to come into our office and discuss your options with one of our Mercer County criminal defense attorneys then please contact us at 609-789-0779.