Haddonfield, NJ asked in Criminal Law and Domestic Violence for New Jersey

Q: What is 2c:39-4d , 2c:39-5d

What do u think is going to happen because they said the dropped it down a degree

2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Without knowing more information I would have to defer to the standard answer which is you will probably be doing a stint in jail. I suggest a good lawyer, although it sounds like you may already have one.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
Answered
  • Criminal Law Lawyer
  • Edison, NJ
  • Licensed in New Jersey

A: 2C:39-4 . Possession of weapons for unlawful purposes.

a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, "community gun" means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.

b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

Criminal Indictable and Disorderly Offense Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year max

community service 180 days maximum

Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3

plus mandatory costs, VCCO and other penalties

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.

Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

-Petty Disorderly person - 30 days jail maximum

Petty DP $500 max Fine, VCCB and other penalties

Indictable Crime Penalties [Felony type] [ Superior Court]

Jail potential Fine max Probation

1st degree 10- 20 years $200,000 [presumption of jail]

2nd degree 5-10 years $150,000 [presumption of jail]

3rd degree 3- 5 years $15,000 1 year- 5 year

4th degree 0- 18 months $10,000 1 year- 5 year

There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!

Research by: KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More information on Fines, jail and penalties on website: www.njlaws.com

[Copyright 3/2/17 Vercammen Law Fines, Jail penalty criminal]

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