Essex County NJ Criminal Defense Lawyers Beat Gun Charges in Newark

Travis J. Tormey and the criminal defense lawyers at the Tormey Law Firm recently represented a client facing criminal charges for unlawful possession of a weapon.

Our client was an 18-year-old man who had been accused of illegally possessing an airsoft gun. The client did not have a prior criminal record. Additionally, he has developmental and learning disabilities and he attends a special school that assists him and provides help for his physical and mental difficulties. On the night of the client’s arrest, he was sitting in a motor vehicle parked outside his friend’s home in Cedar Grove, NJ. It was the client’s friend, a 16-year-old boy, who possessed the airsoft gun.

Although many people think that imitation firearms, such as airsoft guns, BB guns, and pellet guns, are relatively harmless, the reality is that it is often illegal to possess these weapons in New Jersey without a valid permit and/or firearms ID card. Airsoft guns, such as the one the client allegedly had on his person when he was arrested, can often be purchased at NJ flea markets and sporting goods stores.

When our client was placed under arrest and charged, he was subject to severe penalties. Since unlawful possession of a weapon is classified as a third degree felony, he could have been sentenced to a term of incarceration of 3-5 years in New Jersey State Prison. That’s why it was so important for him to have a qualified criminal defense attorney on his side.

The client’s father contacted Travis Tormey and hired the Tormey Law Firm LLC to handle his son’s criminal case. Our skilled legal team immediately got to work fighting the very serious weapons offense charges. First, we spoke with Essex County prosecutors and convinced them to downgrade the felony-level gun charge to a lesser offense: disorderly conduct, which is a petty disorderly persons offense. As a result, the case was transferred out of Essex County Superior Court and remanded to Cedar Grove Municipal Court.

Once the criminal charges were downgraded, our criminal lawyers spoke with the local municipal prosecutor and the police officer who arrested the client. We explained the client’s unique situation, including his medical condition and highlighted the fact that the imitation firearm was never actually pointed at anyone or used by the client. The prosecutor and the arresting officer subsequently agreed to dismiss the case.

This was a tremendous result for the client and a huge win for the Tormey Law Firm. We are now hard at work trying to get the client’s arrest expunged so that his permanent record will not be marred by the incident.