Renowned criminal defense lawyer Adam M. Lustberg of Lustberg Law Offices, LLC has recently published a comprehensive article detailing the nuances of certain persons New Jersey. This article aims to shed light on the critical aspects of this often misunderstood legal statute and its implications for those charged under it.
Certain persons New Jersey refers to a specific legal prohibition under N.J.S.A. 2C:39-7, which restricts certain individuals from possessing firearms and other weapons. According to the criminal defense lawyer, “The statute is designed to prevent individuals who have demonstrated a potential for violence or instability from accessing firearms. This includes convicted felons, those with specific misdemeanor convictions, individuals with substance abuse issues, and persons with certain mental health conditions.”
In his article, Lustberg elaborates on who qualifies under certain persons New Jersey laws. He explains, “Individuals convicted of serious crimes such as homicide, aggravated assault, or domestic violence, as well as those committed to a psychiatric institution or with a history of substance abuse, are prohibited from possessing a firearm in New Jersey. Being caught with a weapon under these circumstances can lead to severe penalties, including significant prison time.”
The article goes into detail about the serious consequences of being charged with a certain persons offense in New Jersey. Lustberg emphasizes that individuals who fall under this classification and are found in possession of a weapon can face dual charges: unlawful possession of a weapon and certain persons offense. The penalties for these charges are stringent, with second-degree offenses carrying up to 10 years in prison and significant fines.
Lustberg's extensive experience in defending individuals charged under this statute is evident as he discusses various defense strategies. He notes, "A robust defense from skilled attorneys might involve challenging the legality of the police search or the validity of the warrants. There may also be grounds to argue that the initial stop was unconstitutional. Each case is unique, and a thorough investigation is crucial to identify any possible defenses."
The article also highlights the specific types of crimes and conditions that disqualify someone from possessing a firearm in New Jersey. These include serious offenses such as arson, burglary, extortion, child endangerment, stalking, any weapon-related offenses, and any prior assault convictions. Additionally, those previously committed to psychiatric institutions or convicted of drug-related offenses are also prohibited from firearm possession.
Lustberg explains the varying degrees of penalties associated with certain persons offenses under N.J.S.A. 2C:39-7. For instance, possessing a firearm as a certain person is a second-degree crime, potentially resulting in up to 10 years of incarceration and a mandatory minimum of five years without parole. Lesser weapons offenses can still lead to significant jail time and hefty fines.
Addressing the complexity of New Jersey’s legal system, Lustberg acknowledges that the offense known as certain persons can be confusing. “The name itself doesn’t convey the seriousness of the offense,” the criminal defense attorney says. “However, it’s crucial for individuals to understand that being classified as a certain person and being caught with a weapon can have life-altering consequences, including long-term imprisonment.”
For individuals identified as certain persons under New Jersey law and charged with possession of a firearm or other weapons, a proactive legal defense is essential. With the help of knowledgeable lawyers, it is possible to challenge the evidence, question the legality of the police conduct, and seek the most favorable outcome possible.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC, based in Hackensack, New Jersey, is dedicated to defending individuals charged with serious criminal offenses. Led by Adam M. Lustberg, the firm’s team of criminal defense lawyers has a solid track record of achieving favorable outcomes for clients facing complex legal challenges, including gun charges and DUI offenses. The firm’s commitment to client advocacy and legal excellence ensures that each case is handled with the utmost professionalism and care.
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Website: https://www.lustberglaw.com/
