Blog

Pemberton High School Student Arrested for Possession of Imitation Firearm

Pemberton NJ Unlawful Weapon Possession LawyerA Pemberton Township High School student was recently arrested after officials say he brought a starter pistol to school. The young man, whose identity remains undisclosed because he is legally a juvenile, is now facing weapons charges for possession of a weapon on school grounds.

According to Pemberton Police Lieutenant Brian Wechkus, a 17-year-old male student at Pemberton High School was arrested on Monday, February 13th for allegedly having a starter pistol in his backpack. Members of the school staff reportedly discovered the weapon at approximately 1:15 p.m. while investigating an incident that occurred earlier that day.

The starter pistol, which only fires blanks, is still considered a weapon in New Jersey. Specifically, it falls under the category of “imitation firearms.”  While school officials have determined that the young man does not pose a threat, police have charged him with possession of a weapon on school grounds. In New Jersey, this is offense is governed by section N.J.S.2C:39-5 of the New Jersey Criminal Code, which provides:

“It is considered a disorderly persons offense for a person to possesses an imitation firearm in or on the grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution.”

Notably, charges for possession of a weapon on school grounds vary in terms of severity, depending on the specific weapon associated with the alleged offense. As stated above, when the weapon in question is an imitation firearm, this is considered a disorderly persons offense, which is punishable by a sentence to serve up to 6 months in the county jail, a maximum fine of $1,000, and a charge on the defendant’s criminal record.

Police have indicated that if, through further investigation, it is discovered that the young man planned to use the weapon to threaten anyone or cause alarm, he may be charged with a more egregious offense. For instance, New Jersey law addresses possession of a weapon for an unlawful purpose in N.J.S.A. 2C:39-4. According to this statute, possession of an imitation firearm, under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose, is a fourth degree crime. Fourth degree crimes are indictable felonies in New Jersey and may result in a sentence to serve up to 18 months in New Jersey State Prison.

Since the defendant in this case is under the age of 18, he is legally considered a juvenile in New Jersey. This means that his case will proceed through the juvenile justice system, as opposed to the adult criminal justice system. Thus, he will appear in Burlington County Superior Court, Family Division, and a single juvenile court judge will decide his case. In New Jersey, the standard in juvenile cases is the “best interests of the child,” so there are many sentencing alternatives available that promote the rehabilitation and reform of juveniles, as opposed to punishment and deterrence.

Regardless of whether you are facing juvenile or adult criminal charges in Burlington County or elsewhere in South Jersey, it is highly advisable to have an experienced attorney protecting your rights and defending your innocence. For additional information and a cost-free consultation, contact our criminal defense law firm today.

For additional information pertaining to this incident, access the following article: Student arrested for bringing starter pistol at school, official says

Pemberton High School Student Arrested for Possession of Imitation Firearm

A Pemberton Township High School student was recently arrested after officials say he brought a starter pistol to school. The young man, whose identity remains undisclosed because he is legally a juvenile, is now facing weapons charges for possession of a weapon on school grounds. According to Pemberton Police Lieutenant Brian Wechkus, a […]

READ MORE

Testimonials

testimonials reviews
"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."

Wayne

testimonials reviews
"Amazing!!!"

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."

Jessica

testimonials reviews
"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"

Andrew

testimonials reviews
"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."

Eric

testimonials reviews
"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

Request a Free Consultation

Request a Free Consultation

If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202


We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español