Violation of the regulatory provisions relating to firearms; false representation in applications. a.
(1) Except as otherwise provided in paragraph (2) of this subsection,
any person who knowingly violates the regulatory provisions relating to
manufacturing or wholesaling of firearms (section 2C:58-1), retailing of
firearms (section 2C:58-2), permits to purchase certain firearms
(section 2C:58-3), permits to carry certain firearms (section 2C:58-4),
licenses to procure machine guns or assault firearms (section 2C:58-5),
or incendiary or tracer ammunition (section 2C:58-10), except acts which
are punishable under section 2C:39-5 or section 2C:39-9, is guilty of a
crime of the fourth degree.(2)A
licensed dealer who knowingly violates the provisions of subparagraph
(d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly
person.b.Any
person who knowingly violates the regulatory provisions relating to
notifying the authorities of possessing certain items of explosives
(section 2C:58-7), or of certain wounds (section 2C:58-8) is a
disorderly person.c.Any
person who gives or causes to be given any false information, or signs a
fictitious name or address, in applying for a firearms purchaser
identification card, a permit to purchase a handgun, a permit to carry a
handgun, a permit to possess a machine gun, a permit to possess an
assault firearm, or in completing the certificate or any other
instrument required by law in purchasing or otherwise acquiring delivery
of any rifle, shotgun, handgun, machine gun, or assault firearm or any
other firearm, is guilty of a crime of the third degree.d.Any
person who gives or causes to be given any false information in
registering an assault firearm pursuant to section 11 of P.L.1990, c.32
(C.2C:58-12) or in certifying that an assault firearm was rendered
inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits
a crime of the fourth degree.e.Any
person who knowingly sells, gives, transfers, assigns or otherwise
disposes of a firearm to a person who is under the age of 18 years,
except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is
guilty of a crime of the third degree. Notwithstanding any other
provision of law to the contrary, the sentence imposed for a conviction
under this subsection shall include a mandatory minimum three-year term
of imprisonment, during which the defendant shall be ineligible for
parole.f.Unless
the recipient is authorized to possess the handgun in connection with
the performance of official duties under the provisions of
N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns
or otherwise disposes of a handgun to a person who is under the age of
21 years, except as permitted in section 14 of P.L.1979, c.179
(C.2C:58-6.1), is guilty of a crime of the third degree.g.Any
person who knowingly gives or causes to be given any false information
or knowingly engages in any other fraudulent conduct in applying for an
exemption to purchase more than one handgun in a 30-day period in
violation of the provisions of section 4 of P.L.2009, c.186
(C.2C:58-3.4) shall be guilty of a crime of the third degree. The
presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not
apply to persons convicted under the provisions of this subsection. |
| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
a.
(1) Except as otherwise provided in paragraph (2) of this subsection,
any person who knowingly violates the regulatory provisions relating to
manufacturing or wholesaling of firearms (section 2C:58-1), retailing of
firearms (section 2C:58-2), permits to purchase certain firearms
(section 2C:58-3), permits to carry certain firearms (section 2C:58-4),
licenses to procure machine guns or assault firearms (section 2C:58-5),
or incendiary or tracer ammunition (section 2C:58-10), except acts which
are punishable under section 2C:39-5 or section 2C:39-9, is guilty of a
crime of the fourth degree.(2)A
licensed dealer who knowingly violates the provisions of subparagraph
(d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly
person.b.Any
person who knowingly violates the regulatory provisions relating to
notifying the authorities of possessing certain items of explosives
(section 2C:58-7), or of certain wounds (section 2C:58-8) is a
disorderly person.c.Any
person who gives or causes to be given any false information, or signs a
fictitious name or address, in applying for a firearms purchaser
identification card, a permit to purchase a handgun, a permit to carry a
handgun, a permit to possess a machine gun, a permit to possess an
assault firearm, or in completing the certificate or any other
instrument required by law in purchasing or otherwise acquiring delivery
of any rifle, shotgun, handgun, machine gun, or assault firearm or any
other firearm, is guilty of a crime of the third degree.d.Any
person who gives or causes to be given any false information in
registering an assault firearm pursuant to section 11 of P.L.1990, c.32
(C.2C:58-12) or in certifying that an assault firearm was rendered
inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits
a crime of the fourth degree.e.Any
person who knowingly sells, gives, transfers, assigns or otherwise
disposes of a firearm to a person who is under the age of 18 years,
except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is
guilty of a crime of the third degree. Notwithstanding any other
provision of law to the contrary, the sentence imposed for a conviction
under this subsection shall include a mandatory minimum three-year term
of imprisonment, during which the defendant shall be ineligible for
parole.f.Unless
the recipient is authorized to possess the handgun in connection with
the performance of official duties under the provisions of
N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns
or otherwise disposes of a handgun to a person who is under the age of
21 years, except as permitted in section 14 of P.L.1979, c.179
(C.2C:58-6.1), is guilty of a crime of the third degree.g.Any
person who knowingly gives or causes to be given any false information
or knowingly engages in any other fraudulent conduct in applying for an
exemption to purchase more than one handgun in a 30-day period in
violation of the provisions of section 4 of P.L.2009, c.186
(C.2C:58-3.4) shall be guilty of a crime of the third degree. The
presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not
apply to persons convicted under the provisions of this subsection. |
||
| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
No comments:
Post a Comment