Disarming a Law Enforcement Officer
If you have been arrested, charged, or indicted for attempting to disarm or disarming a law enforcement officer, you may be facing serious penalties. We represent individuals in disarmament cases in New York and New Jersey. Do not hesitate to contact our law office, a skilled attorney will be available to speak to you and address any and all concerns regarding your case.
There is a specific statute in New Jersey criminal law regarding disarming or the attempt to disarm a police officer. The law provides that:
- Any individual who knowingly attempts to take control or actually exercises unlawful control over any weapon or firearm possessed by a police or corrections officer acting within the performance of their duties is committing a Second Degree Offense.
- The crime shall be considered a First Degree Offense if:
o The individual actually discharges or fires the firearm
o The individual threatens to use or uses the weapon or firearm against any other person, including the police officer; or
o Any other person involved, including the police officer, suffers serious bodily injury
If the accused attempted to disarm or actually disarmed a police officer, they are facing charges for a Second Degree Criminal Offense. If and when the act of disarming progresses and the officer or another individual is harmed and/or the gun is fired or used against the officer, the defendant faces charges for a Second Degree Offense. Regardless of the charge, disarming a law enforcement officer is a serious criminal indictment and often carries the penalty of incarceration. It is critical to your case to hire a knowledgeable attorney for the best defense possible.
To prove a Second Degree indictment for a disarming charge in New Jersey, the prosecutor must establish all of the following:
- The individual knowingly attempted to take or actually took control of the a weapon
- That weapon was in the possession of a member of law enforcement
- The law enforcement officer was acting within reasonable performance of their duties
- The law enforcement officer in question was in uniform or exhibited evidence of their authority
Furthermore, to prove the elevated charge of a First Degree Offense for disarming an officer of the law, the prosecutor must additionally prove the firearm went off, the weapon was used as a threat against the police officer, or someone suffered serious bodily injury as a result of the disarmament. A weapon refers to any object capable of inflicting serious bodily injury or lethal use. If the individual accused of disarmament has acted lawfully, such as in justified self-defense or a superior law enforcement officer, there is no guilt of disarming an officer. Serious bodily injury refers to bodily injury that causes serious, permanent disfigurement, protracted loss or impairment of any bodily member, or substantial risk of death.
There are many elements involved in proving guilt in a case involving disarming a police officer. The criminal defense attorneys at Ellis Law will ensure the prosecution is able to prove all elements or we will work for a downgrade or dismissal of your case. There are significant risks associated with an officer disarmament arrest or indictment. We have the finesse and the experience in criminal defense cases such as these. Selecting the right defense lawyer is important as these cases can be very contentious. Contact us online or call our office at 888-355-4752.