Middlesex County NJ Airsoft Gun Charges Result in No Criminal Record for Tormey Law Firm Client
Arrested in Carteret NJ with an Airsoft Gun? We can help
Airsoft and BB Gun Charges in Middlesex County NJ
Our client was arrested and stopped for allegedly driving while intoxicated (DWI). During the course of the traffic stop, the police saw that he had an airsoft gun in the back seat of the vehicle. Airsoft guns are treated like firearms in NJ and you must transport a weapon like that legally which would be in the trunk of the vehicle and unloaded. In this case, because the client was not transporting the airsoft gun in accordance with NJ law, he was charged with 3rd degree unlawful possession of a weapon and facing 3-5 years in prison.
The criminal statute governing these charges is N.J.S.A. 2C:39-5 which provides in pertinent part:
2C:39-5 Unlawful possession of weapons.
b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.
The potential penalties for 3rd degree felony charges in NJ include:
- 3-5 years in prison
- probation
- $15,000 fine
- Permanent felony charge on your record
- Up to 364 days in the county jail as a condition of probation
All felony cases allegedly committed anywhere in Middlesex County NJ will be prosecuted by the Middlesex County prosecutor’s office. Here is their information:
Middlesex County Prosecutor’s Office
25 Kirkpatrick Street #3
New Brunswick, NJ 08901
732-745-3300
All felony cases allegedly committed anywhere in Middlesex County will be handled at the Middlesex County Superior Court, Criminal Division. Here is the court information:
Middlesex County Superior Court, Criminal Division
56 Paterson St.
New Brunswick, NJ 08903
732-645-4300
Pre-Indictment Conference for Middlesex County NJ Airsoft Gun Charge
Once we were retained to represent the defendant, we requested all of the evidence in the case (known as discovery) and appeared for a pre-indictment conference. Many of these cases are listed for a pre-indictment conference to see if they can be resolved before the case is presented to a grand jury for an indictment.
Our client is a film producer and director and he had these airsoft guns in his possession because they are props for a movie he is currently making. Based on these circumstances and his lack of criminal history, the prosecutor agreed to downgrade these felony charges to disorderly persons offenses for disorderly conduct and remand them to the Carteret Municipal Court.
Carteret Municipal Court – Disorderly Persons Charges
Once the case was downgraded and remanded to Carteret Municipal Court, the client was in much better shape. Now, he was facing low level misdemeanor charges, called a petty disorderly persons offense, for disorderly conduct. This exposed him to the following penalties:
- $500 fine
- up to 30 days county jail
- probation
- permanent criminal charge on his record
All DWI offenses and lower level criminal charges (disorderly persons) offenses which are allegedly committed in Carteret are handled in the Carteret Municipal Court. Here is the court information:
230 Roosevelt Ave
Carteret, NJ 07008
732-541-3900
Mr. Tormey personally appeared in Carteret Court and negotiated a plea agreement with the prosecutor. There were some issues with the DWI offense as the client was taken to the hospital because he was ill and the State failed to obtain a warrant for his blood results. As a result, we were able to convince the State they could not prove the DWI beyond a reasonable doubt and that charge was dismissed. The client plead guilty to a reckless driving charge instead with a 30 day license loss.
Then, with regard to the disorderly conduct criminal offenses for the airsoft gun possession, Mr. Tormey was also able to negotiate a plea bargain where the criminal charge was downgraded to a local ordinance violation (also known as municipal ordinance or town ordinance) which resulted in a fine and no criminal record.
This was a tremendous result for the client and the law firm. The client was originally facing a DWI and a third degree felony charge with up to 5 years in prison and we were able to get the DWI dismissed and keep his record completely clean, no jail time, and no criminal record.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey