Disarming a Police Officer 2C:12-11(a)

Mercer County NJ Disarming a Police Officer Lawyers

As one can imagine, disarming a police officer is a very serious criminal offense in New Jersey. To make matters worse, this offense is usually a “tack on” offense to. Meaning that their was most likely another criminal offense committed that caused the Defendant to be in contact with the police officer in the first place. Disarming a law enforcement officer is either second or first degree felony offense in New Jersey. So at a bare minimum, a Defendant is facing at least five (5) years in a State Prison and a fine up to $150,000. In addition, since the very nature of this offense makes it categorized as a “crime of violence”, there is a very good chance that the prosecution will seek to detain a Defendant charged with this offense in the Mercer County Jail, without bail, pending trial pursuant to the 2017 bail reforms. With that being said, that can be contested at what is known as a Detention Hearing. So, now more than ever, it is imperative that if you or a loved one has been charged with a serious offense like disarming, that you speak to an experienced criminal defense attorney as soon as possible about your options.

If you have been accused of disarming a police officer, eluding, possessing heroin with the intent to distribute, aggravated assault on a police officer, terroristic threats, burglary or robbery, in Mercer County, our office can help. The attorneys at the Law Offices of Proetta & Oliver have been defending clients accused of various criminal offenses in the Mercer County Superior Court for years. In fact, unlike most others, Mr. Proetta’s and Mr. Oliver’s entire careers have been dedicated to defending those accused of crimes in courts throughout the state. Mr. Oliver has represented clients accused of not only disarming a police officer but carjacking, armed robbery, distributing heroin and countless other serious criminal offenses over his career.. If you would like to speak to one of the attorneys about your options, then feel free to contact us at (609) 789-0779. We are well aware that these types of offense can happen at all hours of the day, as such we try to make ourselves available around the clock. For more information on the offense of disarming, please see below.

Disarming a Police Officer Lawyers in Hamilton NJ

N.J.S.A. 2C:12-11(a) Charges in NJ

Disarming a police officer is one of the few offenses in New Jersey that actually has the “attempt” aspect built into the underlying offense. The governing statute in New Jersey for disarming a police officer is N.J.S.A. 2C:12-11(a), which states in pertinent part “a person is guilty of a crime if he knowingly takes 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.” In order to be convicted of this offense, the State must be able to prove that the:

  • Officer was in possession of a firearm and/or other weapon;
  • That the Defendant knowingly took or attempted to unlawful control over the firearm; &
  • The officer was acting in the performance of their duties.

This section of the statute is considered a second degree felony offense. However, this offense will be elevated to a first degree felony if one of the following elements are met:

  • The Defendant fires or discharges the firearm;
  • The Defendant uses or threatens to use the firearm against another, including the officer; or
  • The officer or another person’s suffers serious bodily injury.

So, based on the statute, if the Defendant simply takes or attempts to take an officer’s weapon then he will be charged with a second degree felony. However, if the Defendant uses or threatens to use the weapon then the Defendant will be charged with a first degree felony.

What are the Penalties for Disarming a Police Officer in NJ?

If the Defendant is charged with a first degree felony they are facing the following penalties:

  • 10 to 20 Years in a State Prison;
    • Presumption of Imprisonment attaches;
    • The Sentence is subject to the No Early Release Act – Defendant must do 85% of their sentence before being eligible for parole.
  • A fine up to $200,000;
  • A Felony Criminal Record;

If the Defendant is charged with a second degree felony they are facing the following penalties:

  • 5 to 10  Years in a State Prison;
    • Presumption of Imprisonment attaches;
  • A fine up to $150,000;
  • A Felony Criminal Record.

Disarming a Police Officer Lawyer in Ewing NJ

If you have been charged with a felony offense like disarming a police officer, terroristic threats, unlawful possession of a weapon, aggravated assault, eluding or hindering, in Mercer County, the Law Offices of Proetta & Oliver can help. Our Mercer County criminal defense attorneys have the experience and skill set needed to fight to protect your rights. Our office serves all of Mercer County, including towns like Lawrence, Robbinsville, Trenton, Ewing, Hopewell, West Windsor and Hamilton. If you would like to discuss your options with one of our Mercer County assault criminal defense attorneys then please contact us at (609) 789-0779. As always, our initial consultations are free of costs. So, if you have any questions, please do not hesitate to contact us.