Bergen County NJ BB Gun and Marijuana Charges Dismissed
It is hard to believe but a BB gun is considered a firearm in New Jersey and you can be charged with being in possession of it. Here is a recent case we handled in Bergen County where our clients were facing serious criminal charges.
I recently represented two brothers who were stopped in a motor vehicle with another one of their friends (who was the driver of the vehicle) on the Palisades Interstate Parkway. A search of the vehicle led to criminal charges for unlawful possession of a weapon (a BB gun) and possession of marijuana under fifty (50) grams. A BB gun is considered a firearm in New Jersey so the defendants were facing a third degree crime up to five (5) years in state prison if convicted.
Illegal Possession of a BB gun – A felony Charge in New Jersey
The first step was to get the felony gun charge downgraded to the Municipal Court based on the defendants lack of prior criminal record and the fact that this was a BB gun. Our criminal defense lawyers were able to convince the Bergen County Prosecutor’s Office to remand the case to Municipal Court rather than prosecuting the gun charge as an indictable (felony) level offense at the Bergen County Superior Court.
Felony Charges Downgraded to Disorderly Persons and Sent to Municipal Court
As a result, the case was remanded (downgraded) to be handled at the Palisades Interstate Park Municipal Court. Then, at the Municipal Court, the driver of the vehicle took responsibility for the marijuana that was in the car. Therefore, the charges were dismissed against our clients. They have no criminal record from this incident.
If you have been arrested and charged with a BB gun in Bergen County, we can help. Contact our Hackensack offices anytime for a free initial consultation.