Newark, NJ asked in Criminal Law for New Jersey

Q: How long will a FIRST TIME offender get in jail for 2C:39-4D

Kitchen knife was the weapon of choice.( domestic violence)

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

A: This is generally charged as a second degree crime thus the offender faces 5 to 10 years in jail with a presumption in the law that the person will go to jail. This is especially true for domestic violence cases. A good lawyer should be able to help you reduce or eliminate this jail time if your lucky, but no attorney can guarantee a future result. Most of us criminal lawyers offer a free in office consultation to discuss what can be done in your case, but I do have to warm you that these cases are expensive to defend and you will be looking in the tens of thousands for good representation and even more for the best.

Michael A. Smolensky
Michael A. Smolensky
Answered
  • Criminal Law Lawyer
  • Cinnaminson, NJ
  • Licensed in New Jersey

A: Possession of Weapon for Unlawful Purpose, N.J.S.A. 2c:39-4d, is a crime of the third degree. Based on the explanation that "Kitchen knife was the weapon of choice.( domestic violence)" and depending on the evidence developed by the State's investigation, if the victim meets the definition of a Domestic Violence Victim, the State could also charge the defendant with Third Degree Aggravated Assault on Domestic Violence Victim, N.J.S.A. 2c:12-1b(12). Crimes of the third degree carry up to five years New Jersey State Prison. Although first offenders charged with third degree crimes ordinarily are eligible for a presumption against incarceration, this presumption does not apply to Third Degree Aggravated Assault on Domestic Violence Victim. More information is required to offer a more thorough answer. Therefore, it is a good idea to contact and hire a lawyer. Before making your choice of attorney, you should certainly give this matter careful thought. The selection of an attorney is an important decision.

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