a.
Machine guns. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any machine gun without being
registered or licensed to do so as provided in chapter 58 is guilty of a
crime of the third degree.
b.Sawed-off
shotguns. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any sawed-off shotgun is guilty
of a crime of the third degree.
c.Firearm
silencers. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any firearm silencer is guilty
of a crime of the fourth degree.
d.Weapons.
Any person who manufactures, causes to be manufactured, transports,
ships, sells or disposes of any weapon, including gravity knives,
switchblade knives, ballistic knives, daggers, dirks, stilettos,
billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or
similar leather bands studded with metal filings, or, except as
otherwise provided in subsection i. of this section, in the case of
firearms if he is not licensed or registered to do so as provided in
chapter 58, is guilty of a crime of the fourth degree. Any person who
manufactures, causes to be manufactured, transports, ships, sells or
disposes of any weapon or other device which projects, releases or emits
tear gas or other substances intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise
dispensed in the air, which is intended to be used for any purpose other
than for authorized military or law enforcement purposes by duly
authorized military or law enforcement personnel or the device is for
the purpose of personal self-defense, is pocket-sized and contains not
more than three-quarters of an ounce of chemical substance not
ordinarily capable of lethal use or of inflicting serious bodily injury,
or other than to be used by any person permitted to possess such weapon
or device under the provisions of subsection d. of N.J.S.2C:39-5, which
is intended for use by financial and other business institutions as
part of an integrated security system, placed at fixed locations, for
the protection of money and property, by the duly authorized personnel
of those institutions, is guilty of a crime of the fourth degree.
e.Defaced
firearms. Any person who defaces any firearm is guilty of a crime of
the third degree. Any person who knowingly buys, receives, disposes of
or conceals a defaced firearm, except an antique firearm or an antique
handgun, is guilty of a crime of the fourth degree.
f.
(1) Any person who manufactures, causes to be manufactured, transports,
ships, sells, or disposes of any bullet, which is primarily designed
for use in a handgun, and which is comprised of a bullet whose core or
jacket, if the jacket is thicker than .025 of an inch, is made of
tungsten carbide, or hard bronze, or other material which is harder than
a rating of 72 or greater on the Rockwell B. Hardness Scale, and is
therefore capable of breaching or penetrating body armor and which is
intended to be used for any purpose other than for authorized military
or law enforcement purposes by duly authorized military or law
enforcement personnel, is guilty of a crime of the fourth degree.
(2)Nothing
in this subsection shall be construed to prevent a licensed collector
of ammunition as defined in paragraph (2) of subsection f. of
N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of
this subsection from (a) any licensed retail or wholesale firearms
dealers place of business to the collectors dwelling, premises, or other
land owned or possessed by him, or (b) to or from the collectors
dwelling, premises or other land owned or possessed by him to any gun
show for the purposes of display, sale, trade, or transfer between
collectors, or (c) to or from the collectors dwelling, premises or other
land owned or possessed by him to any rifle or pistol club organized in
accordance with the rules prescribed by the National Board for the
Promotion of Rifle Practice; provided that the club has filed a copy of
its charter with the superintendent of the State Police and annually
submits a list of its members to the superintendent, and provided
further that the ammunition being transported shall be carried not
loaded in any firearm and contained in a closed and fastened case, gun
box, or locked in the trunk of the automobile in which it is being
transported, and the course of travel shall include only such deviations
as are reasonably necessary under the circumstances.
g.Assault
firearms. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of an assault firearm without being
registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is
guilty of a crime of the third degree.
h.Large
capacity ammunition magazines. Any person who manufactures, causes to
be manufactured, transports, ships, sells or disposes of a large
capacity ammunition magazine which is intended to be used for any
purpose other than for authorized military or law enforcement purposes
by duly authorized military or law enforcement personnel is guilty of a
crime of the fourth degree.
i.Transporting
firearms into this State for an unlawful sale or transfer. Any person
who knowingly transports, ships or otherwise brings into this State any
firearm for the purpose of unlawfully selling, transferring, giving,
assigning or otherwise disposing of that firearm to another individual
is guilty of a crime of the second degree. The temporary transfer of a
firearm while hunting or target shooting, the transfer of any firearm
that uses air or carbon dioxide to expel a projectile, or the transfer
of an antique firearm shall not constitute a violation of this
subsection.
Amended
1979, c.179, s.7; 1980, c.108; 1981, c.480, s.2; 1983, c.58, s.2; 1987,
c.228, s.3; 1990, c.32, s.3; 1999, c.233, s.3; 2007, c.298.
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:
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
b.Sawed-off
shotguns. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any sawed-off shotgun is guilty
of a crime of the third degree.c.Firearm
silencers. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any firearm silencer is guilty
of a crime of the fourth degree.d.Weapons.
Any person who manufactures, causes to be manufactured, transports,
ships, sells or disposes of any weapon, including gravity knives,
switchblade knives, ballistic knives, daggers, dirks, stilettos,
billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or
similar leather bands studded with metal filings, or, except as
otherwise provided in subsection i. of this section, in the case of
firearms if he is not licensed or registered to do so as provided in
chapter 58, is guilty of a crime of the fourth degree. Any person who
manufactures, causes to be manufactured, transports, ships, sells or
disposes of any weapon or other device which projects, releases or emits
tear gas or other substances intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise
dispensed in the air, which is intended to be used for any purpose other
than for authorized military or law enforcement purposes by duly
authorized military or law enforcement personnel or the device is for
the purpose of personal self-defense, is pocket-sized and contains not
more than three-quarters of an ounce of chemical substance not
ordinarily capable of lethal use or of inflicting serious bodily injury,
or other than to be used by any person permitted to possess such weapon
or device under the provisions of subsection d. of N.J.S.2C:39-5, which
is intended for use by financial and other business institutions as
part of an integrated security system, placed at fixed locations, for
the protection of money and property, by the duly authorized personnel
of those institutions, is guilty of a crime of the fourth degree.e.Defaced
firearms. Any person who defaces any firearm is guilty of a crime of
the third degree. Any person who knowingly buys, receives, disposes of
or conceals a defaced firearm, except an antique firearm or an antique
handgun, is guilty of a crime of the fourth degree.f.
(1) Any person who manufactures, causes to be manufactured, transports,
ships, sells, or disposes of any bullet, which is primarily designed
for use in a handgun, and which is comprised of a bullet whose core or
jacket, if the jacket is thicker than .025 of an inch, is made of
tungsten carbide, or hard bronze, or other material which is harder than
a rating of 72 or greater on the Rockwell B. Hardness Scale, and is
therefore capable of breaching or penetrating body armor and which is
intended to be used for any purpose other than for authorized military
or law enforcement purposes by duly authorized military or law
enforcement personnel, is guilty of a crime of the fourth degree.(2)Nothing
in this subsection shall be construed to prevent a licensed collector
of ammunition as defined in paragraph (2) of subsection f. of
N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of
this subsection from (a) any licensed retail or wholesale firearms
dealers place of business to the collectors dwelling, premises, or other
land owned or possessed by him, or (b) to or from the collectors
dwelling, premises or other land owned or possessed by him to any gun
show for the purposes of display, sale, trade, or transfer between
collectors, or (c) to or from the collectors dwelling, premises or other
land owned or possessed by him to any rifle or pistol club organized in
accordance with the rules prescribed by the National Board for the
Promotion of Rifle Practice; provided that the club has filed a copy of
its charter with the superintendent of the State Police and annually
submits a list of its members to the superintendent, and provided
further that the ammunition being transported shall be carried not
loaded in any firearm and contained in a closed and fastened case, gun
box, or locked in the trunk of the automobile in which it is being
transported, and the course of travel shall include only such deviations
as are reasonably necessary under the circumstances.g.Assault
firearms. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of an assault firearm without being
registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is
guilty of a crime of the third degree.h.Large
capacity ammunition magazines. Any person who manufactures, causes to
be manufactured, transports, ships, sells or disposes of a large
capacity ammunition magazine which is intended to be used for any
purpose other than for authorized military or law enforcement purposes
by duly authorized military or law enforcement personnel is guilty of a
crime of the fourth degree.i.Transporting
firearms into this State for an unlawful sale or transfer. Any person
who knowingly transports, ships or otherwise brings into this State any
firearm for the purpose of unlawfully selling, transferring, giving,
assigning or otherwise disposing of that firearm to another individual
is guilty of a crime of the second degree. The temporary transfer of a
firearm while hunting or target shooting, the transfer of any firearm
that uses air or carbon dioxide to expel a projectile, or the transfer
of an antique firearm shall not constitute a violation of this
subsection.Amended
1979, c.179, s.7; 1980, c.108; 1981, c.480, s.2; 1983, c.58, s.2; 1987,
c.228, s.3; 1990, c.32, s.3; 1999, c.233, s.3; 2007, c.298.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.
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
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