New Jersey Disarming a Law Enforcement Officer: A Comprehensive Guide

Elizabeth, NJ Disarming a Police Officer Attorney

Facing a charge of disarming a law enforcement officer in New Jersey can be serious. Facing this charge can also lead to potential other charges such as obstruction of justice, and resisting arrest. Here’s an overview of why someone should consider retaining Brett M. Rosen for their charges of disarming a police officer in New Jersey:

Brett M. Rosen’s combination of legal acumen, strategic defense, successful track record, compassionate representation, and advocacy for rights makes him a strong candidate for defending against charges of disarming a police officer in New Jersey. Contact our office today or continue reading this guide providing essential information about the law (N.J.S.A. 2C:12-11), potential penalties, and what to do next.

What is Disarming a Law Enforcement Officer in New Jersey?

This law prohibits knowingly taking unlawful control of a firearm or other weapon from a police officer when they are acting in their official duties and are either in uniform or exhibiting evidence of their authority. Here’s the key:

  • “Knowingly” – You must have been aware of your actions and the officer’s status.
  • “Unlawful Control” – Attempting to grab the weapon or preventing them from using it qualifies.

What Activities Constitute Disarming a Law Enforcement Officer?

  • Grabbing or attempting to grab an officer’s firearm.
  • Wrestling with an officer to take their weapon.
  • Using another object to try and disarm an officer.
  • Threatening an officer to force them to surrender their weapon.

Important Note: Accidentally bumping into an officer and causing their weapon to fall wouldn’t typically be considered disarming under this law.

Elements of Disarming a Police Officer Charge

It is the prosecutor’s burden to prove each element beyond a reasonable doubt. If the prosecutor fails to prove just one element, then the jury must find the defendant not guilty. According to the New Jersey Model Jury Charge, the prosecutor must prove the following: 

  1. There was a firearm [or other weapon] in the possession of a law enforcement officer
    [or corrections officer].
  2. The defendant, knowingly took unlawful control over that firearm [or other weapon].
  3. The officer was acting in the performance of (his/her) duties, and was either in
    uniform or exhibited evidence of (his/her) authority
Potential Penalties for Disarming a Law Enforcement Officer in NJ

The severity depends on the circumstances of the encounter:

  • First Degree Crime: The most serious charge, resulting in 10-20 years in prison and a $200,000 fine (applies if the disarming results in serious bodily injury or the weapon is discharged).
  • Second Degree Crime: Up to 10 years in prison and a $150,000 fine (most common charge for attempting or successfully disarming an officer).
What to Do if Charged with Disarming a Law Enforcement Officer
  1. Remain Silent and Request an Attorney: This is your right under the Fifth Amendment. Don’t answer questions from law enforcement without a lawyer present.
  2. Contact a New Jersey Criminal Defense Attorney: An experienced lawyer can assess your case, determine the best course of action, and fight for your rights.
  3. Gather Information (For Your Attorney): If possible, gather any evidence that might support your innocence, such as witness statements or body camera footage.
New Jersey Disarming a Law Enforcement Officer: Potential Defenses 

Facing a charge of disarming a police officer in New Jersey is a serious situation. Every case is unique, and consulting with a lawyer, such as Brett M. Rosen, is crucial to determine the most effective defense for your specific situation. Here are some possibilities:

Defenses Based on Your Intent and Actions:

  • Lack of Intent: You demonstrably didn’t intend to disarm the officer. For instance, accidentally bumping into an officer during a struggle wouldn’t be considered disarming under this law. Your attorney will work to establish this through witness statements or video evidence (if available).
  • Mistaken Identity: The officer mistakenly identified you as someone else trying to disarm them. Security footage, witness accounts, or alibis can support this defense.

Defenses Based on the Officer’s Actions:

  • Unlawful Orders: If the officer issued a clearly unlawful order, and you resisted within legal boundaries (e.g., refusing an unlawful search), it could be a defense. However, this is a complex area of law, and consulting with an attorney is essential.
  • Excessive Force: If the officer used excessive force during the encounter, it might weaken the prosecution’s case. Your attorney can investigate the use of force and potentially file a complaint against the officer.

Defenses Based on Self-Defense:

  • Self-Defense or Defense of Others: This is a difficult defense with a high burden of proof. You would need to demonstrate a reasonable fear of imminent harm from the officer before resorting to disarming them. Your attorney will analyze the situation to see if this defense applies.

Important Considerations for Self-Defense:

  • New Jersey has a “duty to retreat” law. This means you must generally try to avoid using force if a safe avenue of escape exists.
  • Disarming a police officer is a very risky action. It’s crucial to consult with an attorney immediately to determine if self-defense is a viable option in your case.

Defenses Based on Procedural Issues:

  • Unlawful Arrest: If the police lacked probable cause to arrest you, the entire encounter, including the disarming incident, could be called into question. Your attorney will analyze the circumstances of the arrest to see if this defense applies.
  • Improper Search or Seizure: If the officer attempted an illegal search or seizure, and you resisted within legal boundaries (e.g., preventing an unlawful pat-down), it could be a defense. This is a complex area of law, and consulting with an attorney is crucial.

Defenses Based on Misunderstandings:

  • Confusion or Fear: You might have been disoriented, frightened, or unsure of the situation during the encounter. This could potentially negate the “knowing” element of the crime if you can demonstrate you weren’t acting intentionally.
  • Medical Conditions: A medical condition that could explain your actions (e.g., a seizure) might be a defense. Documentation from a medical professional would be crucial to support this claim.

Entrapment:

  • Entrapment is a complex defense where you can argue the officer induced you to disarm them. This is a rare defense with a high burden of proof, but your attorney can explore its applicability based on the specific details of your case.

Remember: The success of these defenses hinges heavily on the specific facts of your situation.

New Jersey Disarming a Police Officer: Frequently Asked Questions

Facing a charge of disarming a law enforcement officer in New Jersey can be incredibly stressful and raise many questions. This FAQ aims to answer some of the most commonly asked questions and provide valuable information:

What Does “Disarming a Law Enforcement Officer” Mean in NJ?

New Jersey law (N.J.S.A. 2C:12-11) prohibits knowingly taking control of a firearm or other weapon from a police officer acting in their official duties and either in uniform or showing their authority (badge, ID).

What Activities Constitute Disarming a Law Enforcement Officer?

  • Grabbing or trying to grab an officer’s gun
  • Wrestling with an officer to take their weapon
  • Using another object to disarm an officer
  • Threatening an officer to force them to surrender their weapon

Important Note: Accidentally bumping into an officer and causing their weapon to fall wouldn’t typically be considered disarming under this law.

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

The severity depends on the circumstances:

  • First Degree Crime: Most serious charge (10-20 years prison, $200,000 fine) – applies if disarming results in serious bodily injury or the weapon is discharged.
  • Second Degree Crime: Most common charge (up to 10 years prison, $150,000 fine) – for attempting or successfully disarming an officer.

What Should I Do if Charged with Disarming a Law Enforcement Officer?

  1. Remain Silent and Request an Attorney: This is your right under the Fifth Amendment.
  2. Contact a New Jersey Criminal Defense Attorney: A skilled lawyer can assess your case and fight for your rights.
  3. Gather Information (For Your Attorney): If possible, gather evidence supporting your innocence, like witness statements or body camera footage.

What are Some Potential Defenses?

  • Lack of Intent: You didn’t intend to disarm the officer (e.g., accidental bump).
  • Mistaken Identity: The officer mistakenly identified you.
  • Self-Defense (difficult defense): You were acting in self-defense from imminent harm by the officer.
  • Unlawful Orders: You resisted an unlawful order within legal boundaries (rare defense).
New Jersey Disarming a Police Officer: In-Depth FAQ 

Facing a disarming a law enforcement officer charge in New Jersey can be overwhelming. This comprehensive FAQ offers valuable information and explores various aspects of the law, defenses, and next steps:

Understanding the Law (N.J.S.A. 2C:12-11):

  • What constitutes “knowingly” disarming? You must have been aware of your actions and the officer’s status as a law enforcement official on duty.
  • What qualifies as “unlawful control”? Attempting to grab the officer’s weapon, wrestling to take it, using another object to disarm them, or threatening them to surrender their firearm all fall under this category.

What Activities Are NOT Disarming Under This Law?

  • Accidentally bumping into an officer, causing their weapon to fall.
  • Trying to restrain an officer during a violent struggle (depends on the specific circumstances; consult a lawyer).

Potential Penalties for Disarming a Law Enforcement Officer in NJ:

  • First Degree Crime (Most Serious): 10-20 years in prison, $200,000 fine (applies if disarming results in serious bodily injury or the weapon is discharged).
  • Second Degree Crime (Most Common): Up to 10 years in prison, $150,000 fine (for attempting or successfully disarming an officer).

What to Do if Charged with Disarming a Law Enforcement Officer:

  1. Remain Silent and Request an Attorney: This is your Fifth Amendment right. Don’t answer questions from law enforcement without a lawyer present.
  2. Contact a New Jersey Criminal Defense Attorney: A skilled lawyer can assess your case, determine the best defense strategy, and fight for your rights.
  3. Gather Information (For Your Attorney): If possible, try to gather evidence supporting your innocence, such as witness statements, body camera footage (if available), or medical records (if relevant).

Exploring Potential Defenses (Consult Your Attorney):

  • Lack of Intent: You demonstrably didn’t intend to disarm the officer (e.g., accidental contact during a struggle).
  • Mistaken Identity: The officer mistakenly identified you as someone else trying to disarm them.
  • Self-Defense (Difficult Defense): You were acting in self-defense or defense of another person from imminent harm by the officer (high burden of proof).
  • Unlawful Orders (Rare Defense): If the officer issued a clearly unlawful order, and you resisted within legal boundaries (e.g., refusing an unlawful search), it could be a defense.
  • Entrapment (Rare Defense): In rare cases, if the officer induced you to disarm them, this complex defense might be explored.

Additional Considerations:

  • New Jersey has a “duty to retreat” law. You must generally try to avoid using force if a safe escape exists.
  • Disarming a police officer is extremely risky. Consulting a lawyer immediately is crucial to determine if any defenses apply to your case.

Premier New Jersey Disarming a Police Officer Charge Lawyer

When facing a charge as serious as disarming a police officer in New Jersey, it’s crucial to have a defense attorney like Brett M. Rosen on your side. Here’s why:

In-depth Legal Knowledge: Brett M. Rosen’s expertise in New Jersey criminal law, especially cases involving law enforcement, provides a strong foundation for a robust defense strategy.

Proven Success in Court: His track record of successful outcomes in complex cases, including those involving charges against police officers, speaks volumes about his capabilities as a defense attorney.

Strategic Defense Approach: Rosen’s strategic defense is tailored to the unique circumstances of each case, ensuring that every client’s defense is meticulously planned and executed.

Aggressive Representation: Understanding the gravity of disarming a police officer charge, Rosen offers aggressive representation aimed at achieving the best possible outcome for his clients.

Personalized Client Care: Clients of Brett M. Rosen receive personalized attention, ensuring that they are fully informed and supported throughout the legal process.

Advocacy for Rights: Rosen is not just a lawyer but an advocate for his clients’ rights, fighting to protect their interests and ensure fair treatment under the law.

Potential for Charge Reduction or Dismissal: With his experience and legal acumen, Rosen may be able to negotiate reduced charges or even seek a dismissal, depending on the case specifics.

In summary, retaining Brett M. Rosen for a New Jersey disarming a police officer charge means enlisting a defense attorney who combines legal expertise, a proven track record, strategic defense planning, aggressive representation, personalized care, and a strong commitment to client rights. This combination is essential for anyone seeking to navigate the complexities of such a serious charge. Contact our office today for a consultation.