Charges for N.J.S.A. 2C:12-11(a) & N.J.S.A. 2C:12-11(b)
Whether in the heat of the moment or in a drunken stupor, getting combative with a law enforcement officer can lead to serious consequences. Not only will you likely be charged with resisting arrest or simple assault, but you may also face charges for Disarming a Police Officer. In New Jersey, Disarming a Police Officer, under N.J.S.A. 2C:12-11, is a either a second degree felony offense or first degree felony offense. Depending on the circumstances and degree of your charges, you may be facing up to twenty (20) years in prison and possible parole ineligibility. Learn what can be done to fight your Ocean County criminal charges by calling the law firm of Proetta & Oliver at 848-238-2100.
Second Degree Disarming a Police Officer
Under N.J.S.A. 2C:12-11, an individual is guilty of disarming a police officer if:
“He or she 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.”
Broken-down, this statute requires the following three (3) elements be present for the Ocean County Prosecutor to charge, prosecute and convict an individual of Disarming a Police Officer:
There was a firearm or other weapon in the possession of a law enforcement officer or corrections officer; and
The defendant, knowingly took unlawful control over that firearm or other weapon; and
The officer was acting in the performance of his or her duties, and was either in uniform or exhibited evidence of his or her authority.
First Degree Disarming a Police Officer
While the criminal charge for Disarming a Police Officer is typically a second degree offense, the severity degree of your crime can increase to a first degree felony offense if certain elements are present. Specifically, it is a crime of the first degree if, in addition to the elements under the second degree offense, the defendant:
Fires or discharges the firearm; or
Uses or threatens to use the firearm [or weapon] against the officer or any other person; or
The officer or another person suffers serious bodily injury.
What Qualifies as a Weapon?
Under New Jersey law, a “weapon” is anything readily capable of lethal use or of inflicting serious bodily injury. This includes: The term includes, but is not limited to, all
Firearms, even though not loaded or lacking a clip or other component to render them immediately operable;
Components which can be readily assembled into a weapon;
Gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades embedded, in wood; and
Stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury though being vaporized or otherwise dispensed in the air.
Ocean County Criminal Defense Lawyers
If you have been charged and arrest with Disarming a Police Officer or you are pending a formal Detention Hearing, call an experienced Ocean County Defense Attorney. Do not let the State succeed on their Detention Hearing and keep you locked behind bars until trial. Obtain qualified defense counsel to protect your interests and start working towards beating the State’s case against you. The criminal defense attorneys at our firm are prepared to assist you and your family through every step of the process. We have handled countless cases throughout Ocean County and are prepared to evaluate the merits of your case with you and your family. Call 848-238-2100 today and schedule your complimentary consultation with an attorney today.
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