According to authorities, a suspect was arrested after a foot chase in Paterson. Public safety director, Jerry Speziale reported that 28 year-old Johan Rodriguez was observed standing outside of the Quest Lounge at 54 Washington Avenue. Police sergeant Edgar Taylor got notification that a suspect was at that location carrying a duffel bag that contained a weapon. As police officers approached the area, Rodriguez began to walk on South Plum Street. Shortly after, he allegedly started running and police officers Elbruz Dagistanli and Jensin Burgos chased after him on foot and yelled “stop!” Officer Levis Qirjako followed closely in a vehicle.
He observed Rodriguez allegedly throw the bag on the roof of 54 Plum Street, but the bag fell on the sidewalk. Finally, Burgos caught up with Rodriguez. Dagistanli observed the suspect reach for his waistband, but the officers were able to subdue the suspect. Rodriguez was placed under arrest and charged with 12 weapons related offenses. Click here to read more at www.patersontimes.com.
New Jersey takes gun laws very seriously and penalties can be severe. Possession of a Weapon for an Unlawful Purpose is codified under N.J.S.A. 2C:39-4, which provides:
a. Firearms.
1. Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
2. Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, community gun means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.
Possession of a Weapon for an Unlawful Purpose Sentencing Guidelines
Subsection (a) of the statute is subject to sentencing under the Graves Act, meaning that an individual convicted of such an offense must be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.
A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.
A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
Similarly, the penalties for Unlawful Possession of a Weapon which is codified under N.J.S.A. 2C:39-5, can also be severe.
Subsections (a), (b), and (c) of the statute are subject to sentencing under the Graves Act, meaning that an individual convicted of such an offense must be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.
A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.
A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
If you or a loved one is charged with possession of a weapon for an unlawful purpose, and/or unlawful possession of a weapon, you should contact a criminal defense attorney immediately because your freedom is at stake, especially with Graves Act sentencing guidelines. Former Morris County Prosecutor, Alissa D. Hascup is skilled and experienced at defending countless individuals charged with the entire range of weapons offenses. She is committed to ensuring your rights are protected and that you receive the best possible outcome for your case. Contact her office for a free consultation about your case. She is available 24/7 at 862-257-1200.
