Disarming a Police Officer
A disarming charge arises when an altercation with a police officer gets out of control and there is a struggle over the officer’s weapon. If the encounter escalates to the point where a 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 criminal offense under New Jersey Law – a first degree crime. Given the severity of a disarming a police officer charge, the only court with authority to handle this offense is the Mercer County Superior Court in Trenton. Crimes committed against a law enforcement officer are treated extremely serious and you can expect an aggressive prosecution if you have been charged with disarming a police officer in Trenton. This is why it is absolutely vital that you hire a skilled defense attorney to fight your charge. The lawyers at the law offices of Jonathan F. Marshall have over a century of combined experience defending disarming charges committed in Hamilton, West Windsor, Princeton, Trenton, Lawrence and other municipalities in the county. To speak to a lawyer about the Trenton disarming charge you are facing, call (609) 683-8102 for a free consultation.Disarming a Law Enforcement Officer Charge in Mercer County
Under N.J.S.A. 2C-12-11, disarming a law enforcement officer occurs when:
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.
In order to be found guilty of disarming a police office, a second degree crime, that Mercer County Prosecutor’s Office must prove that you: (1) knowingly; (2) took or attempted to exercise unlawful control over a firearm or other weapon in the possession of a law enforcement or corrections officer; (3) while that officer is acting in the performance of his duties; and (4) the officer is either in uniform or exhibits evidence of his authority. Disarming a law enforcement officer is enhanced to a crime of the first degree if the accused fires or discharges the firearm, 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 during the course of the efforts to disarm.
Penalties for Disarming a Law Enforcement Officer. Disarming a police officer is a second degree offense carrying a punishment of up to 10 years in prison and a fine that can reach $150,000. The charge may be enhanced to a first degree crime which is punishable by up to 20 years and prison and fines of up to $200,000. The offense of disarming a police officer also falls within the No Early Release Act (“NERA”). This provision mandates that an individual serve at least 85% of their term of imprisonment before becoming eligible for parole.Ewing NJ Disarming a Police Officer Lawyer
Crimes committed against police officers have inherently severe penalties including hefty fines and lengthy terms of incarceration. Hiring an experienced criminal defense attorney can help you avoid the ramifications associated with an offense of this nature like disarming a police officer. The attorneys at the Law Offices of Jonathan F. Marshall are well experienced in handling disarming charges throughout Mercer County, including those arising in East Windsor, Ewing, Robbinsville, Hightstown and Hopewell Township. An attorney is available to speak to you immediately in a free consultation.