On February 2, 2013, Timothy Farrow’s client was awoken at 2:00 a.m. to the sounds of what he thought were would-be burglars outside his house. As an experienced and responsible gun-owner, he retrieved his shotgun and went to the door and tried to get a better look through the window. As he looked through the door window, he saw flashlights by his truck, so he opened the door and racked his shotgun from inside the doorway, hoping the sound would deter the would-be intruders. Much to his surprise, he quickly learned that the would-be burglars were actually police officers, and he immediately cooperated upon hearing them yell back by putting the gun down, putting his hands up, and getting down on the ground. It turned out the police officers had been searching the area for an unrelated suspect, and they were searching only on foot, so as not to draw attention to their search.
Despite his innocent mistake and otherwise cooperative and responsible behavior, one of the police officers insisted that he could see from far across the street in the dark and that Farrow’s client must have seen him and purposely pointed the gun at him. That officer proceeded to charge Farrow’s client with Possession of a Firearm with an Unlawful Purpose, a Second Degree crime, and Aggravated Assault by Pointing a Firearm, a Fourth Degree crime. Farrow’s client was arrested and forced to post a bail of $25,000, 10%.
Pursuant to the Graves Act, New Jersey’s very strict mandatory sentencing law for gun offenses, Farrow’s client faced a minimum mandatory sentence of 5 years State Prison, 3 years without parole if convicted. Despite his clean record, the Prosecutor would not offer him less than a State Prison sentence. After unsuccessfully attempting to obtain a dismissal through motions, Farrow was forced to take the matter to trial on March 5, 2014, and on March 11, 2014, the jury returned a verdict of Not Guilty on both charges.
Read the full story, Former Firefighter Acquitted After Mistaking Police for Burglars.
Timothy Farrow, of Dash Farrow, LLP, is an experienced criminal defense attorney and former Prosecutor who handles these offenses and crimes, misdemeanors, and traffic offense of all levels. When you need experienced, focused, and responsive legal help, call Dash Farrow, LLP at 856-235-8300 or contact us online at www.dashfarrow.com. We serve individuals and businesses throughout Burlington and Camden County and all of South Jersey.