Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Monday, November 24, 2008

Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances (a) Third degree (machine guns) (b) Third degre

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
(a) Third degree (machine guns) (b) Third degree (sawed-off shotguns) (c) Fourth degree (firearm silencers) (d) Fourth degree(weapons) (e) Fourth degree (defaced firearms) (f) Fourth degree (armor penetrating bullets) (g) Third degree (assault firearms)
(h) Fourth degree (large capacity ammunition magazines) 2C:39-9(a)

If record of conviction establishes
that offense involved a firearm or
destructive device (as defined in 18
U.S.C. § 921(a)), or an explosive
device (as defined in 18 U.S.C. §
841(c), would probably be deemed
an “illicit trafficking” AF; or if
record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction would probably be
deemed a "firearm offense" AF. If
sentenced to a term of imprisonment
of at least one year, might also be
deemed a "crime of violence" AF.
See note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Because no intent to
use the weapon
required, conviction
under subsections
(a),(b), (c),(g),would
probably NOT be
considered a CIMT.
Conviction under
subsection (d) might
be considered a CIMT
if record of conviction
demonstrates that the
conviction is under the
provision requiring
intent to use.
Conviction under
subsection (f) or (h)
might be considered a
CIMT depending on
what record reflects
regarding intended
purpose.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

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