ATTEMPTING TO DISARM A OFFICER

An arrest, charge or indictment for disarming or attempting to disarm a police officer is an extremely serious offense under the New Jersey criminal code. 

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 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 the Law

A person charged under the statute can be subjected to a first-degree or second-degree offense, depending on the extent of the encounter. It is a second-degree offense for a suspect to attempt to disarm or to actually disarm a police officer. Where 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 a first-degree offense. In either case, we are talking about a serious criminal indictment 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.

What must the prosecutor prove?

In order to prove a second-degree indictment or charge 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. An additional element must be established by the state where an individual is charged with a first-degree offense—that the firearm went off, the firearm or weapon was used to threaten the police officer, or someone suffered serious bodily injury. 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. Under the first-degree pedigree of the statute, “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.

An arrest and/or indictment for disarming is obviously serious and involves significant risk of incarceration

Contact Our New Jersey Disarming a Police Officer Attorneys Today

There are obviously many pitfalls to simple assault charges which make it advantageous to obtain representation from a skilled defense attorney. Our attorneys have firsthand personal experience and our both book smart and street smart.  To discuss your case with a lawyer who is knowledgeable in this area and will answer all your questions, Call us

Our lawyers serve clients faced with a simple assault charge in the following Communities.

Hudson County Simple Assault Attorney

Bergen County Simple Assault Defense Lawyers

Ocean County Simple Assault Lawyers

Monmouth County Simple Assault Defense Attorneys

Middlesex County Simple Assault Lawyer

Union County Simple Assault Lawyers

Passaic County Simple Assault Defense Lawyers