Monmouth County NJ Drugs and Guns Defense Attorneys

Lawmakers continuously emphasize both firearms and controlled dangerous substances as among the most serious problems in New Jersey and across the United States. As a result, New Jersey legislators have instituted additional laws to further punish individuals who are found in possession of a firearm while in the course of committing certain drug crimes. For example, if you were discovered in possession of a handgun while distributing heroin, you may be charged with unlawful possession of a weapon, heroin distribution, and possession of a firearm while committing a drug crime (often referred to as a “drugs and guns offense”). When charges of this kind are issued in conjunction, the sentences imposed for each guilty verdict do not merge, meaning that you are required to serve consecutive sentences associated with each charge for which you are found guilty.

A charge for a Drugs and Guns violation alone is classified as a second-degree indictable felony, which is punishable by a prison term ranging from 5 to 10 years and a fine of up to $150,000. These consequences are notwithstanding the serious penalties associated with other drug and weapons charges. When considering the potential repercussions of a conviction, it becomes all the more essential to seek knowledgeable and aggressive legal counsel.

At Chamlin, Uliano & Walsh, we dedicate ourselves to formulating the most effective defense strategies possible and to pursue all available avenues when seeking a desirable outcome. Our 50-plus years of experience defending clients against criminal charges in Monmouth County has allowed us to accumulate an incredible body of knowledge, which has led to thousands of positive results and satisfied clients. Contact our West Long Branch office anytime at 732-440-3950 or call toll free at 888-328-9131 to discuss your case.

Possession of a Firearm While Committing Certain Drug Crimes: N.J.S.A. 2C:39-4.1

According to N.J.S.A. 2C:39-4.1: 

a. Any person who has in his possession any firearm while in the course of committing, attempting to commit, or conspiring to commit a violation of [certain drug crimes, including distribution of controlled dangerous substances, drug distribution in a school zone, and drug violations within 500 feet of certain public property] is guilty of a crime of the second degree.

b. Any person who has in his possession any weapon, except a firearm, with a purpose to use such weapon unlawfully against the person or property of another, while in the course of committing, attempting to commit, or conspiring to commit a violation of [certain drug crimes, including distribution of controlled dangerous substances, drug distribution in a school zone, and drug violations within 500 feet of certain public property] is guilty of a crime of the second degree.

c. Any person who has in his possession any weapon, except a firearm, 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 violation of [certain drug crimes, including distribution of controlled dangerous substances, drug distribution in a school zone, and drug violations within 500 feet of certain public property] is guilty of a crime of the second degree.

d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section nor shall any conviction under those sections merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence imposed upon a violation of this section shall be ordered to be served consecutively to that imposed for any conviction for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section or a conviction for conspiracy or attempt to violate any of those sections.

Penalties for Possession of a Weapon During a Drug Offense in New Jersey

As stated above, possession of any weapon, including a firearm, in the course of committing one of the applicable drug offenses, is considered a second-degree crime, which entails a New Jersey State Prison sentence of between 5 and 10 years and a maximum fine of $150,000. Notably, second-degree charges in New Jersey are associated with a presumption of incarceration, which means that even a defendant with no prior criminal record will likely be required to serve prison time. Not only this but as also mentioned, the penalties for a Drugs and Guns offense must be served in addition to any other sentences pertaining to other charges. In other words, a 5-year sentence for unlawful possession of a firearm must be served prior to the sentence of up to 10 years which may be imposed if convicted of a Drugs and Guns violation.

Contact Freehold NJ Weapons and CDS Lawyers for Immediate Assistance

When faced with charges involving weapons and controlled dangerous substances in New Jersey, your life is truly on the line. At Chamlin, Uliano & Walsh, we zealously advocate for our clients as if they were members of our family. Our loyalty to the U.S. Constitution and to your right to the presumption of innocence has been a principle guiding our practice for over 50 years. To speak with a member of our skilled criminal defense team, contact us at either of our Monmouth County office locations. We are available anytime at 732-440-3950 or toll-free at 888-328-9131 to answer your questions.