Disarming a Police Officer
Monmouth County NJ Disarming a Police Officer
If you have been charged with a criminal offense like disarming a police officer in Monmouth County, the attorneys at Proetta & Oliver can help. This is a very serious charge, one that if not handled properly, could end up cost an individual at a minimum five years of their of life. As one would imagine, the Monmouth County Prosecutor’s Office tends to prosecute anyone charged with disarming a police officer to the fullest extent of the law. To make worse, more often than not, a disarming a police officer charge is in addition to a series of other criminal offenses like unlawful possession of a weapon, aggravated assault, assault on a police officer, robbery, theft of moveable property and eluding.
A Defendant charged with disarming a police officer also run the risk of being detained in the Monmouth County Jail, without bail, pending trial. However, before that can occur, a Detention Hearing must take place. A Detention Hearing can and always should be contested. So, now more than ever, it is crucial that you speak to an experienced Monmouth County criminal defense lawyer about your options. If you have been charged with disarming a police officer in Monmouth County, in towns like Hazlet, Holmdel, Middletown, Freehold, Asbury Park, Eatontown, Howell, Farmingdale or Tinton Falls, the attorneys at Proetta & Oliver can help. Our attorneys are well aware that no two clients let alone no two cases are the same. As such, we treat every client like they are our only client. We examine the case from every possible angle and formulate a game plan on how to defend the case. We will aggressively attack the evidence presented against you in order to achieve a favorable outcome. For a free face to face consultation today, please contact our office at (732)858-6959. Our attorneys are available immediately for a free consultation.
Disarming a Police Officer Charges in Howell NJ
NJSA 2C:12-11(a) and (b) are the governing statute in New Jersey for disarming a police officer. This offense is rather straightforward, it covers the situation where in which a Defendant is alleged to have attempted and/or disarmed a police officer of their weapon. It is important to note here, that this offense escalates to a crime of the first degree if the Defendant does in fact gain control of the officer’s weapon and they either use or threaten to use it against the officer or another. In addition, this offense covers weapons and not just simply the officer’s firearm.
In order to be convicted of this offense, the prosecution must prove the following elements:
- The police officer was in possession of his/her weapons;
- The Defendant, knowingly took and/or attempted to take control over the officer’s weapon;
- At the time of the taking, the officer was acting in the performance of their duties; &
- The officer was either in uniform or exhibited evidence of their authority
Anyone convicted based on the above referenced scenario will be charged with a second degree felony offense. However, if in addition to the above elements, if the state can establish one of the following elements, the Defendant will be charged with a first degree felony:
- The Defendant fires or discharges the firearm;
- The Defendant 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 is Considered a Weapon in NJ?
The term firearm is rather self explanatory. However, the term “weapons” is anything but. Basically anything can be considered a weapon if it is “readily capable of lethal use or of inflicting serious bodily injury”. Here is a list of just a few of the potential items that can be considered a weapon:
- Gravity knives,
- Switchblade knives,
- Stun guns.
Will I go to Jail for Disarming a Police Officer in NJ?
Disarming a police officer is either a first or second degree felony offense in New Jersey. Both offense obtain a presumption for imprisonment. With that being said, that presumption can be overcome. Here is potential penalties that one faces if charged with a first or second degree felony crime in New Jersey.
First Degree Felony Disarming a Police Officer Charge in NJ:
- 10 to 20 Years in a State Prison,
- The No Early Release Act applies – mandates that a Defendant serve at least 85% of their sentence before they can become eligible for parole.
- Fine up to $200,000
- Felony Criminal record.
Second Degree Felony Disarming a Police Officer Charge in NJ:
- 5 to 10 Years in a State Prison,
- The No Early Release Act does NOT apply.
- Fine up to $150,000
- Felony Criminal record.
Disarming a Police Officer Lawyer in Hazlet NJ
As you can see from reading above, this is a very serious offense and one that should not be taken lightly. If you have been charged with disarming a police officer, resisting arrest, eluding, hindering, criminal mischief, driving while intoxicated or aggravated assault in Monmouth County, we can help. Our Monmouth County criminal defense attorneys are well aware of what a felony conviction for a crime like this can do to someone’s life. We serve all of Monmouth County including Neptune, Ocean Township, Long Branch, West Long Branch, Ocean Township, Asbury Park and Freehold. For a free consultation today, please contact us at (732)858-6959. We are available around the clock to help assist in anyway that we can.