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State v BA, Monmouth County Superior Court
What began as a domestic confrontation quickly escalated into a complex criminal case in Monmouth County Superior Court, where BA was accused of multiple serious offenses involving a handgun. The incident occurred at a woman’s home with whom BA was involved.
Her estranged husband violated a restraining order by breaking into her home and confronting BA in bed. He chased BA through the neighborhood. Shots were reported, and police recovered a firearm at the scene.
Police arrested BA, and prosecutors later indicted him on four counts. The charges included second-degree unlawful possession of a weapon, possession for an illegal purpose, aggravated assault, and certain persons not to possess weapons due to his prior indictable record. He faced a staggering 31 years in New Jersey State Prison, including mandatory parole ineligibility under NERA and the Graves Act.
Evidence Issues Created Leverage for the Defense
Key physical evidence did not support the State’s case. There were no fingerprints or DNA linking BA to the recovered firearm, and no gunpowder residue on his body. These gaps raised significant doubts about who discharged the weapon. It was suggested that the estranged husband may have used his own gun during the chase and discarded it before police arrived.
Outcome: Minimal Sentence Through Strategic Negotiation
Clifford E. Lazzaro negotiated an amended plea to fourth-degree hindering apprehension. BA was sentenced to six months in county jail, concurrent with a probation violation, and all remaining charges were dismissed at sentencing.
This result highlights how Lazzaro Law uses weak evidence, witness credibility issues, and strategic negotiation to reduce serious gun charges to manageable outcomes in New Jersey criminal courts.
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