NEW JERSEY CRIMINAL LAWYERS

NJ CAMDEN COUNTY POSSESSION A FIREARM WHILE COMMITTING A CDS OFFENSE

Possessing a Firearm during CDS Offenses in Camden County requires Experienced Defense Lawyers

Any individual caught possessing a firearm while committing or attempting to commit CDS offenses according to New Jersey State law is charged under N.J.S.A. 2C:39-4.1, which carries severe penalties. If convicted, the accused gets sentenced to an imprisonment term that must run consecutively and will not merge with any sentence received for drug offenses. The Law Offices of Todd Spodek is a reputable criminal defense firm in Camden County, known for defending clients facing such charges.

Our team of ten experienced lawyers has over two decades of combined experience providing high-quality legal representation for gun-related and drug-related offenses in every courtroom within Camden County, NJ. Our attorneys include former county prosecutors that have served as directors of Gun Task Force, Juvenile Unit, Major Crimes, as well as the entire Trial Division.

The Charges of Possessing Firearms while Committing CDS Violations

N.J.S.A. 2C:39-4.1 charges individuals who possess firearms while committing some specified Controlled Dangerous Substances (CDS) violations in Camden County courthouse with a second-degree criminal offense that can lead to severe consequences if they are found guilty. An experienced Criminal Defense Lawyer from the Law Offices of Todd Spodek recommends consulting immediately when confronted with such charges due to their severity.

The drug offenses classified under N.J.S.A 2C:39-4.1 include:

1) Manufacturing or Dispensing CDS (2C:35-5)
2) Maintaining or Operating a CDS Production Facility (2C:35-4)
3) Distribution of Drugs Within 1,000?? Feet of School Property (2C:35-7)
4) Distribution of Imitation Controlled Dangerous Substances (2C:35-11)
5) Leader of Narcotics Trafficking Network (2C:35-3)
6) Manufacturing or Distributing Gamma Hydroxybutyrate (2C:35-5.2)
7) Distribution of CDS Within 500?? Feet of a Public Park or Housing Project (2C:35-7.1)
8) Bias intimidation (2C:16-1)
9) Employing Juvenile in Drug Distribution Scheme.

The Establishment of the Three Requirements By Camden County Prosecutor’s Office for Proving N.J.S.A. 2c39-4.1 Charge

Before prosecuting an individual under N.J.S.A 2C:39-4, which carries severe penalties, the Camden County prosecutor’s office must establish three elements that must be evident and are:

1) The item seized was indeed a firearm
2) The firearm belonged to the accused i.e., in their possession
3) That this conduct happened while committing, conspiring, or attempting to engage in any violation mentioned above.

To further clarify these elements comprehend:

The Firearm – This term implies any gun-like item that can efficiently launch projectile objects like bullets and has the capability of such an activity taking place using materials like gas vapors, cartridge shells with facility for releasing harmful substances.
Possession -It denotes exerting control over the gun or direct physical handling that is actual possession; knowledge and intended control sufficient for taking action through another person amount to constructive possession.
The Determination of Possession – This is usually done through situations or circumstances where an individual knows about the weapon’s presence and has both intention and capacity over it regardless of who physically possesses it.

Penalties For Violating N.J.S.A. 2C:39-4

A second-degree offense crime requires offending parties to serve five to ten years imprisonment maximum and pay fines up to $150K if found guilty. A mandatory minimum parole ineligibility term of three years, or between one-third to one-half the sentence, whichever is greater, is also imposed. Additionally, an individual with drug charges for different offenses can not merge the punishment, making it a significant offense. Commission of this crime attracts consecutive imprisonment terms and must be served strictly after serving out any other period of full imprisonment.

Contact Our Camden County Criminal Defense Lawyers

We at The Law Offices of Todd Spodek have a great wealth of experience in criminal defense and have successfully defended countless individuals facing such severe gun-related and drug-related offenses in Camden County. If you need legal representation on gun possession while committing CDS violations or any other criminal matter involving firearms or drugs within New Jersey State, our team of seasoned lawyers will provide excellent services. Schedule a free consultation by calling our offices anytime day or night at (856) 288-3350.