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

Unlawful possession of weapons (a), (b), (c), (e) Third degree (d) Fourth degree 2C:39-5(a)

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

Unlawful possession of weapons
(a), (b), (c), (e) Third degree (d) Fourth degree 2C:39-5(a)

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.
Because no intent to
use the weapon
required, would
probably NOT be
considered a CIMT.
Would be considered a FO if
record of conviction
establishes that offense
involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)). Note
that the text of subsection (d)
does not specify a type of
weapon and should NOT be
considered a FO unless record
of conviction establishes that
offense involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

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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