Morris County Criminal Defense Lawyers Fight Gun Charges
The criminal defense attorneys at the Tormey Law Firm recently defended a client against criminal charges for unlawful possession of a weapon.
Our client was an 18-year-old man accused of possessing an airsoft gun. He did not have any prior criminal history. Moreover, he suffers from developmental and learning disabilities and goes to a special school that provides assistance for these physical and mental difficulties. On the night of his arrest, the client was sitting in a car outside his friend’s home in Cedar Grove, New Jersey. The client’s friend, a 16-year-old boy, was in the vehicle and had an airsoft gun on him.
What most people don’t realize about airsoft guns (as well as BB guns and pellet guns) is that it is illegal to possess these types of imitation firearms without a proper permit. In this regard, imitation firearms are just like real firearms. Airsoft guns can typically be purchased at flea markets and sporting goods stores. However, it is important to keep in mind that the easy availability of imitation firearms does not change the fact that it is still illegal to possess an imitation firearm in New Jersey without a valid firearms ID card. This is what complicated things for our client and resulted in him being charged with a felony for unlawful possession of a weapon. Worse yet, a conviction could have resulted in the client being sentenced to 3-5 years in NJ State Prison.
The client’s father hired Travis J. Tormey and the Tormey Law Firm LLC to handle the case and defend his son. Our experienced legal team immediately got to work helping the client fight the very serious firearms possession charges. First, we convinced the Essex County Prosecutor’s Office to downgrade the gun charge to a lesser offense: disorderly conduct, which is classified as a petty disorderly persons offense, not a felony. This meant that the case was transferred out of the Essex County Superior Court and remanded back to Cedar Grove Municipal Court.
After getting the criminal charges downgraded, our skilled attorneys met with the local municipal prosecutor and the police officer who initially issued the complaint. We explained the client’s medical condition and highlighted the fact that the airsoft gun was never pointed at anyone or used at any point during the incident. The prosecutor and the police officer ultimately agreed to dismiss the case as a result of our client’s medical condition and the circumstances of the case.
This was a fantastic result for our client and a tremendous victory for the Tormey Law Firm. We are now working to get the client’s arrest expunged, which will clear the incident from his permanent record.