Paterson NJ Gun Charges Terroristic Threats Charge and Aggravated Assault Charge Dismissed
Paterson NJ Criminal Defense Lawyers
My client was arrested following an alleged domestic violence incident in Paterson, NJ. Specifically, his then girlfriend called 9-1-1 and told officers that he had pointed a handgun at her and threatened to kill her. Upon arrival to the scene, officers found a handgun in the trunk of my client’s motor vehicle (for which he did not have a permit). He was arrested and charged with Possession of a Handgun for an Unlawful Purpose (2nd degree felony/indictable crime), Unlawful Possession of a Handgun (2nd degree felony/indictable crime), Terroristic Threats (3rd degree felony/indictable crime), and Aggravated Assault – Pointing of a Firearm (4th degree felony/indictable crime).
At our first court date, the State made a plea offer of 3 years in New Jersey State Prison with a 1 year period of parole ineligible as per the “Graves Act.”
I immediately retained the services of an investigator to work on behalf of my client. Through the investigator, we discovered that my client’s girlfriend had fabricated the entire incident because she was apparently angry at my client, having learned that he was cheating on her. We obtained a statement from her confirming that. The attention then turned to the handgun.
Also through the services of the investigator, we discovered that my client had come into possession of the handgun less than 24 hours prior to his arrest. He had apparently been volunteering at a youth program in Paterson, NJ and overheard some young boys talking about a handgun that they had obtained. He convinced the boys to surrender the handgun to him. He placed it (in a brown paper bag) into the trunk of his car with the intention of surrendering it through a “no questions asked” program at his local church, which we were able to confirm through his brother, who sits on the Board and had made the surrender arrangements. Unfortunately, he had alerted his girlfriend to the presence of the gun that evening. She made the decision to use to against him the next day.
I prepared a lengthy submission to the Passaic County Prosecutor’s Office including all of the above information, reports from my investigator, and signed witness statements. They presented my submission to the Grand Jury and the matter was “no billed” – all charges were DISMISSED.
It was the absolute best outcome for my client.