Disarming Police or Law Enforcement Officer

New Jersey Disarming a Police Officer Law

The criminal laws of NJ include a specific statute concerning the crime of attempting to disarm or disarming a law enforcement officer. The law is contained at N.J.S.A. 2C:12-11 and gives rise to far more severe penalties that companion charges like resisting arrest or obstructing the administration of law. This statute provides as follows:

2C:12-11. Disarming law enforcement or corrections officer

a. A person who knowingly takes or attempts to exercise unlawful control over a firearm or other weapon in the possession of a law enforcement or corrections officer when that officer is acting in the performance of his duties, and either is in uniform or exhibits evidence of his authority, is guilty of a crime of the second degree.

b. A person violating the provisions of subsection a. of this section shall be guilty of a crime of the first degree if:

1. The person fires or discharges the firearm;
2. The person uses or threatens to use the firearm or weapon against the officer or any other person; or
3. The officer or another person suffers serious bodily injury.

Explanation of Law

Disarming can be charged as either a first-degree or second-degree offense, depending on the extent of the encounter. It is a second-degree crime if the suspect attempts to disarm or actually disarms a police officer. When the disarming progresses to the point that the gun or firearm discharges and/or is fired, the gun is pointed or used against the officer, or a person suffers serious bodily injury, the charge is escalates to a first-degree offense. In either case, we are talking about a serious criminal charge which carries a presumption of incarceration. It is therefore crucially important for an individual to hire a knowledgeable attorney to defend him given the exposure associated with a conviction.

Proof Necessary to Obtain a Second Degree Conviction for Disarming. In order to prove a second-degree complaint or indictment for disarming in NJ, the prosecutor must establish:

1. that the suspect knowingly took or attempted to take control of a firearm or weapon;
2. the weapon or firearm was possessed by a member of law enforcement;
3. the law enforcement officer was acting in the performance of his duties; and
4. the law enforcement officer was in uniform or exhibited evidence of his authority.

The first element is established when there is an interference with the officer’s possession or control of the weapon. See State v. Cross, 330 N.J.Super. 516 (App. Div. 2000). “Weapon” means anything capable of lethal use or of inflicting serious bodily injury. See N.J.S.A. 2C:39-1(r). It must be emphasized, however, that the suspect must knowingly undertake unlawful disarmament for a violation to occur. Accordingly, there is no disarming under the statute if the suspect acts lawfully such as in the case of a superior law enforcement officer or where the defendant is acting in justified self-defense.

Additional Proof Required to Convict a Suspect of First Degree Disarming an Officer. An additional element must be established by the state where an individual is charged with a first-degree offense, namely, that one of the following occurred: (1) that the handgun, shotgun, rifle or other firearm went off; (2) the firearm or weapon was used to threaten the police officer;  or (3) someone suffered serious bodily injury during the course of the conduct.

For purposes of this offense,, the term “serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. There are clearly multiple elements and facts which a lawyer for the State and/or County Prosecutor’s office must prove and the criminal defense attorneys at our NJ law firm will make sure that the prosecution meets its proofs or that the case is dismissed and/or downgraded.

Penalties If Convicted

A second degree crime, such as attempting to disarming a law enforcement officer, carries a sentence of 5-10 years in prison and a fine of up to $150,000. First degree crimes are obviously more serious and result in 10-20 years in prison and a maximum fine of $200,000.

You should also know that disarming is considered a violent crime and therefore falls within the guidelines of the No Early Release Act (“NERA”). What this means is that a person will have to serve 85 percent of any term of imprisonment before they can be considered for parole. For example, if the court imposed a 10 year sentence, the defendant would be eligible for release until he or she served 8.5 years in prison.

The penalties that may be imposed at sentencing are clearly extreme so it is certainly in your best interests to obtain representation from a skilled attorney in order to minimize the chances of such an outcome. Our disarming a police officer attorneys in New Jersey can serve you well in this capacity.

Contact Our Accomplished New Jersey Disarming Offense Attorneys

An arrest and/or indictment for disarming is obviously serious and involves significant risk of incarceration. The criminal defense lawyers Marshall Criminal Defense are prepared to assist you. Our attorneys have the experience and finesse needed in these types of cases. Disarming cases tend to be very contentious and selection of the right criminal lawyer is very important. We genuinely believe that our team represents one of your best options for ensuring you avoid a conviction and imprisonment. Please feel free to contact our law office at 855-450-8310 as we would be happy to discuss your Monmouth County, Ocean County, Mercer County, Middlesex County, Union County, Somerset County, Burlington County, Essex County, Hudson County or Bergen County case.

Frequently Asked Questions In Disarming Cases