Morris County NJ Unlawful Possession of a Weapon Defense Attorneys
Mendham NJ BB Gun Charge Results in Pre-Trial Intervention (PTI) Program Admission
Travis Tormey recently represented a client in the Morris County Superior Court located in Morristown, New Jersey, who was charged with unlawful possession of a BB gun in Mendham. It is hard to believe, but a BB gun is considered a prohibited firearm in New Jersey and requires a permit (firearms ID card) to lawfully possess it. Thus, when a person is found in possession of a BB gun without a proper permit they can be charged with unlawful possession of a weapon, a crime of the third degree. This is an indictable (felony) level offense in New Jersey punishable by up to five (5) years in New Jersey State prison. Further, because this is a gun charge covered by the Graves Act, there is mandatory imprisonment and a period of parole ineligibility even if the defendant has no prior record. The typical plea offer is three (3) years state prison, with one (1) year to be served without the possibility of parole.
Our client purchased a BB gun in Pennsylvania lawfully and was driving back to his home in New York when he was stopped by New Jersey State troopers. He purchased the BB gun to play with his brother-in-law in Pennsylvania who goes to different courses on the weekends to shoot the BB guns. Our client was an employed, Rutgers graduate with no prior criminal record.
Fortunately, Mr. Tormey was able to convince the prosecutor, based on the defendant’s exemplary record and lack of prior criminal history, as well as the circumstances of the arrest, that our client was a good candiate for the Pre-Trial Intervention (PTI) program. Although highly uncommon in cases of this kind, the defendant was placed on one (1) year probation and the charges will be dismissed at the end of the probationary period. The client could not have been happier with the result and our firm was thrilled to have delivered such a positive outcome.
To speak with one of our talented defense attorneys about your case free of charge, contact our Hackensack offices anytime at (201)-330-4979. Learn about the potential penalties associated with your charges, the diversionary programs available in New Jersey, and find out if you may be an eligible candidate.