FAQ Category: Disarming a Police Officer

Pretrial Intervention (“PTI”) allows a first-time offender to avoid a criminal conviction and associated penalties by completing a diversionary program that is typically one year in duration. Crimes of the third and fourth degree are eligible for PTI and, more serious charges, can only b

The State must also prove beyond a reasonable doubt that the defendant took unlawful control of the firearm or weapon. The State does not have to prove that the firearm or weapon was carried away from the law enforcement officer or away from the place in which it was kept,...

For purposes of the disarming law, possession of the firearm or other weapon by a law enforcement or corrections officer may be either actual possession or constructive possession. The word “possess” as used in criminal statutes signifies a knowing, intentional control over a designated

The No Early Release Act (“NERA”) applies to convictions for disarming a police/corrections officer. Under this law, convicted defendants are required to serve 85% of their sentences before they are eligible for parole. The presumption of incarceration imposed by NERA applies to first-de

Disarming or attempting to disarm a member of any “law enforcement unit”, not just a uniform police officer, can result in this offense. In this regard, someone is consider a member of a law enforcement unit if they are a member of any police force or organization in a municipality...