On
August 8, 2013, the Governor signed a new law with effective date of August 8,
2013, which now upgrades the crime of unlawful possession of a firearm to a
crime of the first degree in certain circumstances. (See New Law)
Specifically, anyone with a prior conviction for a crime which triggered the no-early release statute, N.J.S.A. 2C:43-7.2, will now be charged with a first-degree gun possession, and must serve a period of parole ineligibility. Anyone else in possession of handgun, rife or other firearm, who has no prior record, will be charged as a second-degree crime.
In
addition, if the firearm was used in the commission of a crime a mandatory
period of parole ineligibility from one-third to one-half the sentence, or
three-years which ever is less.
Looks
like the New Jersey legislatures are making it harder for defendants to take
pleas on these offenses and there will be more trials for experienced competent
New Jersey Criminal Defense Attorneys.
Law Office of Vincent J. Sanzone, Jr.
Elizabeth (Union County) New Jersey 07208
P.O. Box 261
277 North Broad Street
Raymond Building
Elizabeth, N.J. 07207
Tel: (908) 354-7006
