Whether done in recklessly or as a volitional act of malicious intent, disarming a law enforcement officer carries serious legal ramifications. Even an attempt to remove a batton from a cop in an effort to prevent him from hitting you or a friend can result in second degree charges which carry up to ten (10) years in a New Jersey State Penitentiary. In extreme instances, this offense can raise as high as a first degree crime. Regardless of the specific degree of offense, disarming a law enforcement officer is a serious crime in Essex County that carries the possibility of long terms of incarceration. For immediate assistance with pending charges under N.J.S.A. 2C:12-11, Disarming law enforcement officer, contact the Law Offices Marshall, Bonus, Proetta & Oliver in Newark. With a team of experienced criminal trial attorneys, our firm has the resources necessary to adjudicate your case in a manner beneficial to you or your loved one. We have been representing clients charged with disarming a police officer, aggravated assault, eluding, carjacking, burglary and unlawful possession of a weapon in Essex County for over a decade. For your free initial consultation, dial 973-710-1520 today.
Disarming a Police Officer Defense Lawyer in Bloomfield NJ
Second Degree Disarming A Police Officer Attorney in Essex County NJ
Absent any enhancing circumstances, it is a second degree crime to disarm a law enforcement officer. Under N.J.S.A. 2C:12-11, the defendant must take or attempt to exercise control over a firearm or other weapon in the possession of a law enforcement officer or corrections officer. In practice, this applies to any interference with the officer’s possession or control of his weapon. Under N.J.S.A. 2C:12-11, the term “weapon” includes anything capable of lethal use or of inflicting serious bodily injury. Obviously this includes his gun, batton and pepper spray. However, this can also include more innocuous items such as the officers handcuffs or theoretically even a ballpoint pen.
For a conviction to occur under this offense, the defendant does not actually need to gain possession. Instead, simply attempt to exercise control of the officers weapon will suffice.
First Degree Charge for Disarming A Police Officer Lawyer in Montclair NJ
The offense is elevated to a first degree crime under certain circumstances. It is a crime of the first degree if the defendant fires or discharges the officer’s firearm. It is also a crime of the first degree if the defendant uses or threatens to use the firearm or weapon against the officer or any other person. Lastly, it is also a crime of the first degree if the officer or another person suffers serious bodily injury. What is “serious bodily injury” you ask? “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.
Is It Likely That You Will Go To Prison If Convicted Of Disarming?
Yes. Both first degree and second degree crimes carry a presumption of incarceration. That means that absent a downgrade or dismissal of the charges, a defendant will have to convince the judge that certain mitigating factors substantially outweigh the aggravating ones such that a departure from the presumption is warranted. Otherwise, a convicted defendant will be facing between twenty (20) and ten (10) years for a first degree offense and ten (10) and five (5) years for a second degree offense.
Newark NJ Criminal Lawyers
For immediate assistance with your pending charges, contact the Law Offices of Marshall, Bonus, Proetta & Oliver at 973-710-1520. Our team of eight criminal defense lawyers have extensive experience representing clients charged with criminal offenses in Essex County, including in towns like Fairfield, Cedar Grove, South Orange, Irvington, Bloomfield, Belleville and Glen Ridge. If you have any further questions please do not hesitate to contact us. Our attorneys are available 24/7 to help assist in any way possible.