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Disarming a Police Officer

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Disarming a Police Officer Attorney

It should be no surprise to hear that the offense of disarming a police officer tends to be prosecuted to the fullest extent of the law. This crime is either a first or second degree felony, which means, that if a Defendant is to be convicted of this offense, they will almost certainly being go to State Prison for a minimum of five years. That is why we strongly recommend that if you or a loved one has been arrested and charged with disarming a police officer, that you speak to an experienced Somerset County criminal defense attorney as soon as possible. Furthermore, the bail guidelines now allow for the prosecution to detain someone in the Somerset County jail, without bail, pretrial. In order to do so a Detention Hearing must take place. During that hearing, it will be the prosecution’s burden to establish that in order to protect society, assure their appearance in court or to prevent them from interfering with the prosecution of their case, the Defendant must be detained without bail. Based purely on the nature of the charges, more often than not, anyone charged with disarming a police will most likely face a detention hearing. These hearings can and always should be contested. So, now more than ever, it is crucial that you speak to a criminal defense attorney as soon as possible.

As you will see below, the “disarming” does not simply apply to the officers firearm, but other weapons as well, including but not limited to knife, button or mace. If you have been arrested and charged with disarming a police officer, resisting arrest, aggravated assault on a police officer, unlawful possession of a weapon, terroristic threats, robbery or any other offense for that matter in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. At Proetta & Oliver we are aware that no two clients let alone no two cases are the same. As such, we are dedicated to making sure that we can adapt our representation in order to achieve your desirable goals. If you would like to speak to one of our New Jersey criminal defense attorneys today, then please contact us at 908-533-1064. We can go over the specifics of your case and we will give you our honest feedback on how we think we can be of assistance. So, if you have any questions whatsoever, please do not hesitate to contact us. We appear in courts in towns throughout Somerset and Hunterdon County, including Clinton, Raritan, Bridgewater, Bound Brook, North Plainfield, Readington, Franklin, Manville, Hillsborough, Somerville, Green Brook and Flemington.

Disarming a Police Officer Defense Lawyer in Franklin NJ

Charged with Disarming a Police Officer in New Jersey?

The offense of disarming a police officer will be governed under the assault section of the New Jersey criminal code, NJSA 2C:12. The specific subsection that deals with disarming a law enforcement officer is NJSA 2C:12-11. This offense has been broken down into two different subsections, NJSA 2C:12-11(a) and NJSA 2C:12-11(b). The first section covers a situation where the Defendant is alleged to have either attempted and/or gained control over the officer’s weapon. The second section covers a situation where the Defendant gained control over the officer’s weapon and in turn used it or threatened to use it against the officer or another person. Here is a chart that will breakdown what the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Degree

What must the State must Prove?

1st Degree Felony

  • The officer was in possession of a firearm and/or another weapon
  • The Defendant knowingly took or attempted to take control over the officer’s weapon
  • When doing so, the officer was on the job &
    • The Defendant discharged the firearm; or
    • The Defendant uses or threatened to use the firearm or other weapon against another or
    • Someone suffers serious bodily injury.

2nd Degree Felony

  • The officer was in possession of a firearm and/or another weapon
  • The Defendant knowingly took or attempted to take control over the officer’s weapon
  • When doing so, the officer was on the job

Will I go to Jail for a Disarming a Police Officer in New Jersey?

Disarming a law enforcement officer can either a be a first or a second degree felony depending on the underlying facts surrounding the charges. Anyone convicted of a first degree felony in New Jersey will be facing up to twenty years in prison, a $200,000 fine and a felony criminal conviction. Conversely, anyone convicted of a second degree felony in New Jersey will be facing up to ten years in prison, a $150,000 fine and a felony criminal conviction. Also, anyone convicted of a first degree disarming charge must have their sentence subject to the No Early Release Act (NERA), which in essence requires a Defendant to serve at least 85% of their sentence before they can become eligible for parole.

Hunterdon County NJ Disarming a Police Officer Attorney

As you can see from reading above, the potential penalties that someone faces when they are charged with disarming a law enforcement officer are life changing. That is why we strongly recommend that if you find yourself in this unfortunate situation that you speak to an experienced New Jersey criminal defense attorney as soon as possible. If you have been charged with eluding, aggravated assault, simple assault, disorderly conduct, driving while intoxicated or any other offense for that matter in Somerset or Huntedon County, we can help.  We serve towns like Franklin, Bernards, Manvile, Bound Brook, Montgomery, Warren, Union, Plainfield and elsewhere throughout Somerset County. If you would like to discuss your options with one of our criminal defense lawyers then please contact us at 908-533-1064.