Throughout the years, the New Jersey Legislature has shown very little tolerance for those charged with possessing a firearm or other weapons while in the course of committing certain drug offenses. Any person who has in his possession any firearm while in the course of committing, attempting to commit, or conspiring to commit a crime involving certain drug offenses (N.J.S.A. 2C:35-3; 2C: 35-4; 2C:35-5; 2C:35-5.2; 2C:35-5.3; 2C:35-6; 2C:35-7; 2C:35-7.1; 2C:35-11; or 2C:16-1) is guilty of a crime under N.J.S.A. 2C:39-4.1(a). Moreover, any person who has in his possession any weapon, except a firearm, with the purpose use it unlawfully against the person or property of another, or 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 crime involving certain drug offenses (N.J.S.A. 2C:35-3; 2C: 35-4; 2C:35-5; 2C:35-5.2; 2C:35-5.3; 2C:35-6; 2C:35-7; 2C:35-7.1; 2C:35-11; or 2C:16-1) is guilty of a crime under N.J.S.A. 2C:39-4.1(b) and (c).
In fact, being caught with weapons when committing these certain drug offenses exposes you to a second-degree crime. This carries a presumptive state prison sentence of between five and ten years. This weapons charge sentence must also run consecutively to the underlying drug charge. This potentially exposes you to years in prison, years from your family. This office is experienced in representing clients charged with drug and gun offenses. Let us help you.
This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.
About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
