Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Possession of a Weapon and Consecutive Sentences (Part 1)

October 26, 2019 by Fred Sisto

Possession of a Weapon and Consecutive Sentences (Part 1)

On August 6, 2019, the New Jersey Supreme Court decided the Camden County case of State v. Keith Cuff. A question in addition to the verdict sheet issue concerned the decision to impose consecutive sentences. Specifically, the issue under N.J.S.A. 2C:44-5 was whether re-sentencing was required where the trial court imposed consecutive sentences for unlawful possession of a weapon convictions arising out of the same criminal episode.

Justice Patterson wrote for a 5-1 majority of the Court. Justice Solomon did not participate in the decision. The majority held in relevant part:

Defendant was sentenced for nineteen offenses committed in three separate criminal episodes. Ten of those offenses arose from the February 28, 2011 incident in Cherry Hill; six were based on the March 3, 2011 incident in Winslow Township; and two related to the March 29, 2011 incident in Gloucester Township involving the stolen car.

The trial court properly applied the Yarbough factors when it sentenced defendant to terms of incarceration running consecutively to the terms imposed for crimes committed in different criminal episodes. It took into account “the facts relating to the crimes and the following criteria”:

One, the crimes and their objectives were predominantly independent of each other. Two, the crimes involved separate acts of violence or threats of violence. Three, the crimes are committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior. Four, any of the crimes involved multiple victims. And five, the convictions for which the sentences are to be imposed are numerous.

Nothing in Yarbough required additional weight to be applied to the “multiple victims” factor. However, our case law has developed to give this factor more weight than all of the others combined. For example, consecutive sentences are routinely imposed for vehicular assaults involving multiple victims. This occurs even though the assaults are: unintentional, do not involve independent objectives, involve one act of violence, and are committed at the same time and place.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County, Weapons Charge

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Scope of Protective Sweeps (Part 6)
  • Scope of Protective Sweeps (Part 5)
  • Scope of Protective Sweeps (Part 4)
  • Scope of Protective Sweeps (Part 3)
  • Scope of Protective Sweeps (Part 2)
  • Scope of Protective Sweeps (Part 1)
  • Reasonable Suspicion and Investigatory Stops (Part 4)
  • Reasonable Suspicion and Investigatory Stops (Part 3)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish