Bergen County NJ Drugs and Guns Defense Attorneys
Criminal Defense Lawyers with Offices in Hackensack, New Jersey
If you or a loved one has been charged with Possession of Weapons and Controlled Dangerous Substances in New Jersey, enlisting the services of a knowledgeable criminal defense attorney is essential to the success of your case. The Tormey Law Firm is a team of criminal defense and drunk driving (DWI) attorneys who have extensive experience representing clients charged with drug and weapons-related offenses, including illegal possession of a handgun, possession and distribution of suboxone and heroin possession and distribution in Bergen County and throughout New Jersey, including in Lodi, Hackensack, and Saddle River. With offices conveniently located in Hackensack, these talented lawyers employ all of the skills and resources at their disposal to serve the best interests of their clients. We are dedicated to providing immediate assistance and can be reached anytime at (201)-330-4979 to provide free consultations.
Possession of Weapons and Controlled Dangerous Substances in New Jersey: N.J.S.A. 2C:39-4.1
Weapons; Controlled Dangerous Substances and Other Offenses in New Jersey are governed under N.J.S.A. 2C:39-4.1, which provides:
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 (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison).
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 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 (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison).
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 (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison).
d. Nothwithstanding 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.
Contact an Experienced Drugs and Guns Law Defense Lawyer in Bergen County, NJ
If you have been charged with Possession of Weapons and Controlled Dangerous Substances in New Jersey, it is imperative that you contact an experienced criminal defense lawyer for representation. For additional information about the charges you are facing and/or a free consultation about your drugs and guns law case, contact the Hackensack, NJ offices of The Tormey Law Firm anytime at (201)-330-4979.