Downgrading Pellet Gun & Knife Charges to Lesser Offenses in Union County NJ
Gun laws in New Jersey are among the harshest in the United States. In the event a person is found to be in possession of a firearm, the burden is on the person to show that their possession of that firearm is legal, not on the state to show that it is illegal. In circumstances where a person is found to be in possession of a firearm in their vehicle without a permit, consequences can be severe.
A recent client hired The Tormey Law Firm after he was pulled over for speeding and subsequently was found to be in possession of a pellet gun and large knife. Our client was initially charged with possession of a firearm (yes, a pellet or BB gun qualifies as a firearm in NJ!), a 3rd degree crime. That charge alone is punishable by up to 5 years in state prison if convicted, as well as fines up to $15,000. Our client was also charged with possession of a weapon, a 4th degree crime punishable by up to 18 months in prison and fines up to $10,000.
In addition to the onerous prison time and monetary fines, our client faced loss of his career if he were convicted of either charge. Our client is employed in a profession that requires federal licensing and regular background checks in order to remain eligible to work, and a conviction of any crime would end his career almost immediately. Clearly, any person in this kind of situation must do absolutely everything possible to fight these kinds of charges.
After our client brought The Tormey Law Firm into the case, attorney Christopher Perry was able to convince the county prosecutor’s office to downgrade the charges to disorderly persons offenses, which were subsequently remanded to the local municipal court. This first success reduced the possible jail time from over 6 years in a New Jersey state prison to 1 year in the county jail. This downgrade also allowed our client to possibly take advantage of the New Jersey conditional dismissal program, resulting in a dismissal of his charges after a year.
While many attorneys would take this win and have their clients take advantage of the conditional dismissal program at that point, this outcome was not satisfactory because our client would need to be recertified for his career within the next year, and having an open pending charge could be disastrous for his career. In light of the serious consequences our client still faced, Mr. Perry took the fight to the prosecutor and was able to convince both the prosecutor and the court to downgrade the charges yet again to a single local ordinance violation. Through the Law Firm’s hard work, our client was able to avoid any conviction for and criminal or disorderly persons offense, leaving court with only a small fine.
The outcome in this case was a magnificent victory for our client and for The Tormey Law Firm. Should you find yourself facing any criminal charges in New Jersey, you may be facing serious loss of liberty or onerous fines and other penalties. It is absolutely crucial that you obtain a criminal defense attorney with a proven track record of obtaining great results for their clients. Call The Tormey Law Firm right away for a free consultation.