Disarming a Police Officer
I fielded an inquiry today from someone seeking information concerning the offense of attempting to disarm a police or law enforcement officer. This charge arises out of N.J.S.A. 2C:12-11 of New Jersey law.
The gist of 2C:12-11 is that it is never acceptable for anyone, whether in self-defense or otherwise, to grab the weapon of police. The statute is drafted in terms of either “possession” or “control”, to cover both instances where someone attempts to gain control or actually possesses the firearm or other weapon.
The charge of disarming a police officer is typically a Second Degree crime. However, this offense is enhanced to a First Degree where the firearm is discharged, the weapon is used or threatened to be used against another, or where someone suffers serious bodily injury.
The penalties for disarming a police officer are extremely stiff because of the grade of the offense – its either a first degree, New Jersey’s most serious category of crime, or a second degree, one step below. The period of jail is significant if someone is found guilty of either grade of this crime, involving 10-20 years in prison for a First Degree and 5-10 years for a Second Degree. The potential fines are also substantial, exceeding one hundred thousand ($100,000).
If you have been charged with disarming a police officer in Ocean County, our Toms River defense firm is ready to assist you. We would be happy to answer your questions in a free initial consultation and our attorneys are available 24/7 at (732) 286-6500 to help you.