Disarming a Police Officer in New Jersey

What is disarming a police officer in New Jersey?  “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.”

A disarming charge arises when an altercation with a police officer gets out of control and there’s a struggle over the officer’s weapon. 

If the struggle escalates to the point where the gun is discharged, the weapon is used against the officer, or someone sustains a serious bodily injury, the offense escalates to the highest grade of a criminal offense under NJ Law - a first-degree crime.

Because of the severity of this crime, it will be heard in the County Superior Court. If you are charged with a crime against it is imperative that you understand how serious it will be treated. And,  you should expect an aggressive prosecution. 

Found guilty of disarming a police officer in New Jersey?

Disarming a police officer is a second-degree crime in New Jersey. The Prosecutor must prove that you knowingly took or attempted to exercise unlawful control over a firearm or other weapon in the possession of a law enforcement or corrections officer, while that officer is acting in the performance of his duties, and the officer is either in uniform or exhibits evidence of his authority. 

When is disarming a police officer a crime of the first degree?

Disarming a police officer becomes a first-degree crime if you fire or discharge the firearm, uses or threaten to use the weapon against the officer or any other person, or another person or the law enforcement officer suffers serious bodily injury during the course of the efforts to disarm.

What if I am found guilty?

If you are found guilty of disarming a police officer - a second-degree offense - you are looking at a sentence of up to 10 years in prison and a fine of up to $150,000.

If the charge is enhanced to a first-degree crime, it is punishable by up to 20 years in prison and fines of up to $200,000.

It is important that you understand that disarming a police officer falls into the No Early Release Act (aka, NERA). NERA mandates that an individual serve at least 85% of their term of imprisonment before becoming eligible for parole.

Because of the weight of the penalties, it is especially important that individuals charged with disarming a police officer understand their situation. Meeting with an experienced criminal lawyer is important. So, call me for help.