NJ Possession Of a Firearm During Commission of a CDS Offense Lawyers

Fighting Firearm Possession During Drug Offense Charges in NJ

Being charged with possessing a firearm while committing certain drug offenses in New Jersey is scary. These allegations can threaten your reputation, freedom, and future if not properly defended. Here in New Jersey, these firearm-drug charges should never be taken lightly.

In this article, I’ll explain what constitutes firearm possession during a drug crime under NJ law, potential penalties, and viable defense strategies. My goal is to help you understand your rights and options if facing these serious criminal charges in New Jersey.

NJ Laws on Firearm Possession During Drug Crimes

The main New Jersey statute covering firearm possession during drug offenses is 2C:39-4.1. Under this law, it is illegal to possess a firearm while committing, attempting, or conspiring to commit drug distribution or possession crimes under NJ statutes 2C:35-5 and 2C:35-6[1].

The firearm does not need to be used in furtherance of the drug crime. Mere possession while committing a drug distribution offense is sufficient for charges.

Penalties for Firearm-Drug Possession Convictions in NJ

Illegal firearm possession during a drug crime is a 2nd degree felony offense in New Jersey. Potential penalties upon conviction include[2]:

• 5 to 10 years in NJ state prison
• Up to $150,000 in fines
• Permanent criminal record
• Loss of future gun rights

Probation may be available for those with minimal criminal history. But the baseline penalties are still severe compared to other states.

Defending Against Firearm-Drug Charges in NJ

While these charges may seem clear cut, viable defenses often exist. An experienced criminal defense lawyer could argue[3]:

• You did not actually or constructively possess the firearm
• The firearm was inaccessible or stored safely away
• You had a valid permit to possess the firearm
• You were not engaged in a drug distribution crime
• The police violated your rights in the search and seizure

An effective defense requires aggressively contesting the prosecution’s evidence and legal interpretations. For example, arguing you possessed the gun legally for self-defense, unrelated to any drug crimes.

Why Hiring an Attorney is Crucial

Attempting to defend yourself against firearm-drug possession charges is extremely risky. These cases require complex legal arguments regarding possession, intent, and justification that only an experienced criminal defense lawyer can effectively pursue. An attorney can help by[4]:

• Filing motions to suppress illegally seized evidence
• Negotiating dismissal or reduction of charges
• Navigating strict sentencing guidelines
• Avoiding mandatory minimum prison sentences

Navigating New Jersey’s complex drug and firearm laws on your own often leads to conviction. Consult an attorney as early as possible to protect your rights.

Let Our Attorneys Help Fight Your NJ Firearm-Drug Charges

Defending against firearm possession during drug offense allegations in New Jersey requires experienced legal representation. Our team of criminal defense attorneys includes experts in weapons and drug crimes law with a proven record of successfully defending 2C:39-4.1 charges[5]. Let us review your case and build the strongest defense.

Don’t leave your future solely in the hands of prosecutors – make sure your rights are protected. Contact our office today to schedule a free consultation. There are options in these cases and we can help you identify the best legal strategies.