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What is a “Certain Persons Offense” in New Jersey?

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Some of New Jersey’s laws can seem a little misleading, and it doesn’t help when the name of the crime reveals almost no clues about the nature of the offense. A clear example of this is a “certain persons offense.” When you first hear this term, you might be understandably confused. What does “certain person” mean in this context? What kind of crime is this? Does this mean that you could go to jail for being a “certain type of person?”

While the intricacies of legal terminology can be bewildering in New Jersey, a legal professional is always extremely familiar with offenses such as these. If you have been accused of a “certain persons offense,” you should team up with a qualified, experienced criminal defense attorney as soon as possible. Despite its misleading and vague name, this is a serious offense in the state of New Jersey. A legal expert can help you understand the full implications of this crime, and they can also help you pursue a favorable outcome in court.

The Definition of a Certain Persons Offense

An individual is guilty of a certain persons offense in New Jersey whenever they possess a weapon while they are considered a “certain person” in the eyes of the law. This means that you cannot obtain a weapon if you fall under a certain classification in New Jersey, and you will face strict consequences if you are found in possession of one. “Weapons” are not just limited to firearms. You may also be charged with this offense if you possess knives, silencers, stun guns, brass knuckles, slingshots, hollow-point bullets, and a range of similar devices.

The Definition of a Certain Person

The definition of a certain persons offense makes no sense unless you understand what is considered a “certain person” in the eyes of New Jersey courts. You are a “certain person” if you have committed any of these crimes in the past:

  • Aggravated assault
  • Arson
  • Burglary
  • Escape
  • Extortion
  • Homicide
  • Kidnapping
  • Robbery
  • Aggravated sexual assault
  • Sexual assault
  • Bias intimidation
  • Endangering the welfare of a child
  • Stalking
  • Unlawful use, possession, or sale of a controlled substance
  • Offenses related to domestic violence

In addition, you are considered a certain person in New Jersey if you have been committed to any hospital, mental institution, or sanitarium for a mental disorder. The exception is if you can provide some type of certificate or documentation that states you are no longer suffering from the disorder.

What is the Penalty for a Certain Persons Offense?

A certain persons offense is a second degree crime, which means you face anywhere from 5 to 10 years in a state prison if convicted. You may also be charged with a slightly less serious version of this crime if you have been convicted of a disorderly persons offense related to domestic violence in the past (but not any of the other listed crimes). In this case, you would be charged with a third degree crime, and you would face between 3 and 5 years in a state prison.

Get Help From a Qualified Criminal Defense Attorney Today

If you’ve been accused of a certain persons offense, you need help from a New Jersey criminal defense attorney as soon as possible. Reach out to Phillip J. Murphy, Attorney at Law at your earliest convenience.

 

Resource:

state.nj.us/njsp/info/pdf/firearms/njac-title13-ch54.pdf

https://www.phillipmurphylawyer.com/should-i-remain-silent-during-an-arrest-in-new-jersey/

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Phillip J. Murphy,
Attorney At Law
Free Consultations Calls Answered and retured 24/7 Phone: (845) 639-6600 Fax: (845) 639-6620

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Phillip J. Murphy, Attorney At Law is located in New City, New York and serves clients in and around New York, New Jersey & Connecticut. Contact our experienced criminal defense law firm.
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