Usually a client who finds themselves facing disarming a police officer charges will also be facing aggravated assault on a police officer, resisting arrest, obstruction of justice, terroristic threats and eluding charges as well. As you will see below, disarming a police officer is either a first or second degree felony in New Jersey. Therefore, if convicted, a defendant at a best case scenario is facing a minimum of five (5) years in a New Jersey State Prison and a fine of up to $150,000. A client could be charged with disarming a police officer if it is alleged that they consciously went after an officer’s firearm, baton, pepper spray, handcuffs and/or their pocket knife. This offense is governed by N.J.S.A. 2C:12-11, which is also the same statute for every other assault type of offense in New Jersey.
If you or a loved one has been charged with disarming and/or attempting to disarm a police officer in Morris County in towns like Morristown, Madison, Roxbury, Dover, Parsippany, Denville or Boonton, the law firm of Marshall, Bonus, Proetta & Oliver can help. Our office has eight criminal defense lawyers on staff, making our office one of the largest criminal defense firms in the State let alone Morris County. If you would like to come into our office to discuss your options, please contact our Morristown office at 973.309.7050. Our attorneys are available 24/7 to help assist in any way possible. Now here is some key information on the offense of disarming a police officer, including the applicable penalties if convicted.
Disarming a Police Officer Lawyer in NJ: N.J.S.A. 2C:12-11
As mentioned above, the governing statute in New Jersey for disarming a police officer is N.J.S.A. 2C:12-11. In order for a Defendant to be convicted of disarming a police officer, the prosecution must prove three (3) elements beyond a reasonable doubt and they are as follows:
- The Defendant knowingly took or attempted to take unlawful control over a firearm, or other weapon, that was in the possession of a law enforcement or corrections officer;
- The officer was acting within the performance of their duties; &
- That officer was either in uniform or exhibits evidence of their authority.
To be convicted of a first degree felony disarming, the prosecution also has prove any one of the following:
- The Defendant fires the firearm; or
- The Defendant uses or threatens to use the firearm or weapon against another; or
- Another suffers serious bodily injury as a result of the disarming.
What are the Penalties for Disarming a Police Officer in NJ?
If convicted of disarming a police officer in the second degree in New Jersey, the Defendant is facing up to ten (10) years in a New Jersey State Prison and a fine up to $150,000. If convicted of disarming a police officer in the first degree the Defendant faces up to twenty (20) years in a New Jersey State Prison and a fine up too $200,000. In addition, disarming a police officer in the first degree is also subject to the No Early Release Act (NERA), which requires Defendant’s to serve at least 85% of their sentence before they can become eligible for parole. In addition, due to the nature of the alleged conduct, the chances of being accepted into the Pretrial Intervention Program are slim, unless an experienced Morris County criminal defense lawyer can convince the Judge and the prosecution otherwise. For more information on the Pretrial Intervention Program, please click here.
Experienced Morris County Assault Defense Attorneys
As you can tell from above, if convicted of disarming a police officer in New Jersey, the penalties could be life changing. If you have been charged with eluding, stalking, burglary, carjacking, robbery or assault by auto in Morris County, in towns like Rockaway, Jefferson, Butler, Montville or Morris Township, the law office of Marshall, Bonus, Proetta & Oliver can help. With eight criminal defense lawyers on staff, their are very few situations which we have not dealt with. To set up a free consultation today, please contact our Morristown office at 973.309.7050.