1.
a. Any person who has in his possession any firearm while in the course
of committing, attempting to commit, or conspiring to commit a
violation of N.J.S.2C:35-3, N.J.S. 2C:35-4, N.J.S.2C:35-5, section 3 or
section 5 of P.L.1997, c.194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6,
section 1 of P.L.1987, c.101 (C.2C:35-7), section 1 of P.L.1997, c.327
(C.2C:35-7.1), N.J.S.2C:35-11 or N.J.S.2C:16-1 is guilty of a crime of
the second degree.
 b.Any
person who has in his possession any weapon, except a firearm, with a
purpose to use such weapon unlawfully against the person or property of
another, while in the course of committing, attempting to commit, or
conspiring to commit a violation of N.J.S.2C:35-3, N.J.S.2C:35-4,
N.J.S.2C:35-5, section 3 or 5 of P.L.1997, c.194 (C.2C:35-5.2 or
2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c.101 (C.2C:35-7),
section 1 of P.L.1997,c.327 (C.2C:35-7.1), N.J.S.2C:35-11 or
N.J.S.2C:16-1 is guilty of a crime of the second degree.
c.Any
person who has in his possession any weapon, except a firearm, under
circumstances not manifestly appropriate for such lawful uses as the
weapon may have, while in the course of committing, attempting to
commit, or conspiring to commit a violation of N.J.S.2C:35-3,
N.J.S.2C:35-4, N.J.S.2C:35-5, section 3 or section 5 of P.L. 1997, c.194
(C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c.101
(C.2C:35-7), section 1 of P.L.1997,c.327(C.2C:35-7.1), N.J.S.2C:35-11
or N.J.S.2C:16-1 is guilty of a crime of the second degree.
d.Notwithstanding
the provisions of N.J.S.2C:1-8 or any other provision of law, a
conviction arising under this section shall not merge with a conviction
for a violation of any of the sections of chapter 35 or chapter 16
referred to in this section nor shall any conviction under those
sections merge with a conviction under this section. Notwithstanding the
provisions of N.J.S.2C:44-5 or any other provision of law, the sentence
imposed upon a violation of this section shall be ordered to be served
consecutively to that imposed for any conviction for a violation of any
of the sections of chapter 35 or chapter 16 referred to in this section
or a conviction for conspiracy or attempt to violate any of those
sections.
e.Nothing
herein shall be deemed to preclude, if the evidence so warrants, an
indictment and conviction for a violation of N.J.S.2C:39-4 or
N.J.S.2C:39-5 or any other provision of law.
f.Nothing
herein shall prevent the court from also imposing enhanced punishments,
pursuant to N.J.S.2C:35-8, section 2 of P.L.1997, c.117 (C.2C:43-7.2),
or any other provision of law, or an extended term. |
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 record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. 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 |
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