Disarming a Police Officer

Burlington County NJ Disarming a Police Officer

More often than not, criminal charges for disarming a police officer stem from self-defense. If an officer attempts to arrest or subdue you and you respond by fighting back or grabbing the handcuffs or baton, then you could be charged with disarming a cop. Finding the right attorneys to protect you against these allegations is of crucial importance. Not only are you facing a felony indictable offense, but you could subject to a term of incarceration in a New Jersey State Prison. The criminal lawyers at Proetta, Oliver & Fay have dedicated their careers to the practice of criminal law. We have represented thousands of individuals throughout the State of New Jersey that were facing criminal charges ranging from First Degree felonies down to Driving While Intoxicated charges. If you or a loved one have been arrested and charged with disarming a police officer, aggravated assault, resisting arrest, eluding, simple assault, unlawful possession of a weapon, possession of a weapon for an unlawful purpose or theft, then please do not hesitate to contact our office today at (609) 850-8284.

Pretrial Detention Hearings for Disarming a Police Officer in NJ

New Jersey recently enacted an overhaul of the bail system. Under these new Bail Reform Guidelines, courts have largely declined to impose monetary bail amounts. This has been replaced with a system whereby County Prosecutors may file for pretrial detention based on the initial charges. Should the Burlington County Prosecutor’s Office file for a pretrial detention, you will be detained until a Pretrial Detention Hearing can take place. At this hearing, the Prosecutor will attempt to establish Probable Cause of the underlying offense as well as proof that you, as the defendant, pose a danger to the community (based on a list of factors). Included in this analysis will be a Public Safety Assessment (PSA). This PSA is a crucial tool for the judge to determine whether to detain you or release you on pretrial monitoring (there are 3 levels of pretrial monitoring). For more information on what will happen at your detention hearing for criminal charges, please contact our office. 

Disarming a Police Officer Charges in Mount Laurel, NJ

If you have been charged with disarming a police officer, then the specific statutory law that you will be prosecuted under is N.J.S.A. 2C:12-11. Unlike other more complex criminal charges, disarming a police officer is pretty simple. The State only needs to prove that you (the defendant) attempted or successfully disarmed a police officer of that officer’s weapon. Typically, an officer’s weapon can include pepper spray, stun gun, handgun or baton. There are two degrees (levels of severity) for disarming a police officer charges in New Jersey: First Degree Disarming a Police Officer and Second Degree Disarming a Police Officer. The necessary elements of proof for these types of charges are as follows:

Second Degree Disarming a Police Officer Charges

1. The police officer was in possession of his/her weapons;
2. The Defendant, knowingly took and/or attempted to take control over the officer’s weapon;
3. At the time of the taking, the officer was acting in the performance of their duties; &
4. The officer was either in uniform or exhibited evidence of their authority

First Degree Disarming a Police Officer Charges

• The defendant committed the elements of a second degree offense (above) and one (1) of the following:
• The Defendant fired or discharged the firearm;
• The Defendant used or threatened to use the firearm or weapon against the officer or any other person; or
• The officer or another person suffered serious bodily injury

What are the Penalties in NJ for Disarming a Police Officer Charges?

First degree and second degree charges carry different penalties under New Jersey law. Therefore, you must understand what your charges are before you can determine what penalties you are facing.

Penalties for First Degree Disarming a Police Officer

• Between twenty (20) and ten (10) years in a NJ State Prison with a Mandatory term of Parole Ineligibility under the No Early Release Act (NERA)
• $200,000 fine
• Criminal record

Penalties for First Degree Disarming a Police Officer

• Between ten (10) and five (5) years in a NJ State Prison
• $150,000 fine
• Criminal record

Disarming a Police Officer Lawyer in Mt. Holly NJ

As shown from the information above, criminal charges for disarming a police officer need to be handled by an experienced criminal defense lawyer. Depending on the circumstances of your charges, you could be facing as much at twenty (20) years in a NJ State Prison with a mandatory seventeen (17) years of parole ineligibility. Firm Partner, William C. Fay, IV, Esq., is a former New Jersey Deputy Attorney General. Having spent a majority of his career defending the accused, Mr. Fay is well-prepared to represent you or your family members in their pending criminal case. With offices in Burlington County, our firm handles cases throughout the area, including towns like Evesham, Mt. Holly, Mt. Laurel, Pemberton, Burlington Township, Cinnaminson, Florence, Bordentown, Southampton, Medford, Moorestown, Palmyra, Delran and Willingboro. For an immediate and complimentary consultation, please contact our office today at (609) 850-8284. We can be reached 24/7 for your convenience.