Disarming Police or Law Enforcement Officer

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NJ Attempting to Disarm a Police Officer Defense Attorney

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. The criminal defense lawyers at our NJ law firm have experience in handling disarmament cases and represent individuals in these types of cases statewide including Monmouth County, Union County, Ocean County, Middlesex County, Mercer County, Somerset County, Burlington County, Essex County, Hudson County, Bergen County, and Passaic County. Please do not hesitate to contact our law office if you or a loved one was arrested or indicted for disarming a cop under N.J.S.A. 2C:12-11.

It is important that we point out the fact that at Marshall Criminal Defense we aren’t just another law firm inviting you to contact us for answers and possible representation in defending your criminal charge for attempting to disarm a police officer. We are probably the largest team of its kind in the state and offer qualifications that are certainly exceptional, including:

  • 14 attorneys who specialize exclusively in defending the accused
  • Over 200 years of combined experience representing clients arrested on disarming offenses throughout NJ
  • Former County Prosecutors who have served in key roles such as Director of Major Crimes, Special Victims, Juvenile, Domestic Violence, Guns Task Force and even an entire Trial Division
  • Certified Criminal Trial Attorneys

A lawyer is available to speak to you and address your concerns immediately. Give us at call at 855-450-8310 and one of our lawyers will be happy to provide the answers you need in this challenging time.

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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 gives rise to far more severe penalties that companion charges like resisting arrest or obstructing the administration of law. This statute 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.
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Explanation of Law

Disarming can be charged as either a first-degree or second-degree offense, depending on the extent of the encounter. It is a second-degree crime if the suspect attempts to disarm or actually disarms a police officer. When 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 escalates to a first-degree offense. In either case, we are talking about a serious criminal charge 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.

Proof Necessary to Obtain a Second Degree Conviction for Disarming. In order to prove a second-degree complaint or indictment 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.

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.

Additional Proof Required to Convict a Suspect of First Degree Disarming an Officer. An additional element must be established by the state where an individual is charged with a first-degree offense, namely, that one of the following occurred: (1) that the handgun, shotgun, rifle or other firearm went off; (2) the firearm or weapon was used to threaten the police officer;  or (3) someone suffered serious bodily injury during the course of the conduct.

For purposes of this offense,, the term “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.

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Penalties If Convicted

A second degree crime, such as attempting to disarming a law enforcement officer, carries a sentence of 5-10 years in prison and a fine of up to $150,000. First degree crimes are obviously more serious and result in 10-20 years in prison and a maximum fine of $200,000.

You should also know that disarming is considered a violent crime and therefore falls within the guidelines of the No Early Release Act (“NERA”). What this means is that a person will have to serve 85 percent of any term of imprisonment before they can be considered for parole. For example, if the court imposed a 10 year sentence, the defendant would be eligible for release until he or she served 8.5 years in prison.

The penalties that may be imposed at sentencing are clearly extreme so it is certainly in your best interests to obtain representation from a skilled attorney in order to minimize the chances of such an outcome. Our disarming a police officer attorneys in New Jersey can serve you well in this capacity.

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Contact Our Accomplished New Jersey Disarming Offense Attorneys

An arrest and/or indictment for disarming is obviously serious and involves significant risk of incarceration. The criminal defense lawyers Marshall Criminal Defense are prepared to assist you. Our attorneys have the experience and finesse needed in these types of cases. Disarming cases tend to be very contentious and selection of the right criminal lawyer is very important. We genuinely believe that our team represents one of your best options for ensuring you avoid a conviction and imprisonment. Please feel free to contact our law office at 855-450-8310 as we would be happy to discuss your Monmouth County, Ocean County, Mercer County, Middlesex County, Union County, Somerset County, Burlington County, Essex County, Hudson County or Bergen County case.

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Frequently Asked Questions In Disarming Cases

Disarming a Police Officer

Is A Disarming Charge Eligible For Pretrial Intervention (“PTI”)?

Pretrial Intervention (“PTI”) allows a first-time offender to avoid a criminal conviction and associated penalties by completing a diversionary program that is typically one year in duration. Crimes of the third and fourth degree are eligible for PTI and, more serious charges, can only be admitted into the program with prosecutor consent. It is can be challenging to obtain Pretrial Intervention in a disarming or attempt to disarm case given this fact. 

What Constitutes Taking “Unlawful Control”?

The State must also prove beyond a reasonable doubt that the defendant took unlawful control of the firearm or weapon. The State does not have to prove that the firearm or weapon was carried away from the law enforcement officer or away from the place in which it was kept, but only that the defendant took unlawful control over it.
Since the New Jersey statute itself does not define the term “exercising unlawful control,” New Jersey courts have interpreted the term. A person takes or exercises unlawful control when he or she takes possession of an item without the permission of the owner or a person with proper authority. A defendant is not required to obtain possession of the weapon, but only try to remove the weapon to exercise unlawful control and meet the requirements of the statute. A person can try to exercise lawful control over an officer’s weapon, which would not violate the statute. Of course, only in very limited circumstances would it be lawful to control or try to control an officer’s weapon.

How Does New Jersey Law Define Possession Of A Firearm Or Weapon?

For purposes of the disarming law, possession of the firearm or other weapon by a law enforcement or corrections officer may be either actual possession or constructive possession. The word “possess” as used in criminal statutes signifies a knowing, intentional control over a designated thing, accompanied by a knowledge of its character. Not only must an officer rightfully “possess” the weapon under New Jersey law, but the officer must be acting in the performance of his or her duties and be in uniform or have exhibited evidence of authority.

Actual Possession. A law enforcement or corrections officer is in actual possession of a firearm or other weapon when the officer has knowledge of its character and knowingly has it on his or her person at a given time.

Constructive Possession. New Jersey law recognizes that a law enforcement or corrections officer may still be in possession of a firearm or other weapon even though the officer does not have the firearm or other weapon on their person at a given time. Known as “constructive possession,” it only applies if an officer is aware of the presence of the firearm or other weapon while intending and having the ability to exercise control over it.

Also, a law enforcement or corrections officer, although not in actual possession, who has knowledge of the firearm or the weapon, and intends at a given time to exercise control over that firearm or other weapon, either directly or through another person or persons, is in constructive possession of the firearm or other weapon.

Does The No Early Release Act (“NERA”) Apply To The Crime Of Disarming A Law Enforcement Officer?

The No Early Release Act (“NERA”) applies to convictions for disarming a police/corrections officer. Under this law, convicted defendants are required to serve 85% of their sentences before they are eligible for parole. The presumption of incarceration imposed by NERA applies to first-degree and second-degree disarming offenses.

When Is Someone Considered a Law Enforcement Officer Under The NJ Disarmament Law?

Disarming or attempting to disarm a member of any “law enforcement unit”, not just a uniform police officer, can result in this offense. In this regard, someone is consider a member of a law enforcement unit if they are a member of any police force or organization in a municipality or county which has by statute or ordinance the responsibility of detecting crime and enforcing the general criminal laws of this State. This term specifically includes police, sheriff’s officers, county investigators, assistant prosecutors and legal assistants, court attendants, parole officers, and adult or juvenile correctional officers.

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