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New Jersey Disarming Law Enforcement OfficerWe represent clients charged with N.J.S.A. 2C:12-11; New Jersey disarming law enforcement officer indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County. This is a second degree crime. The person must take or attempt to exercise control over a firearm or other weapon in the possession of a law enforcement officer or corrections officer. Weapon means anything capable of lethal use or of inflicting serious bodily injury. There can be a conviction if the weapon is taken from the desk or car of an officer on duty. The officer must be acting in the performance of his duties and must either be in uniform or exhibit evidence of his or her authority. The defendant must take control or attempt to take control. There is no offense if the defendant taking control acts lawfully such as a superior officer. It is unlawful control that is prohibited. The defendant must act knowingly as to all the elements. The state must prove five elements. First, the item was a weapon. Second, the weapon was in possession of a law enforcement or corrections officer. Third, defendant attempted to take control or possession. Fourth, defendant acted unlawfully. Fifth, defendant acted knowingly. The offense is elevated to a first degree crime under certain circumstances. First, if the defendant fires or discharges the firearm, Second, if the defendant uses or threatens to use the firearm or weapon against the officer or any other person. Third, if the officer or another person suffer serious bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. It is not required that it be proved that defendant caused the serious bodily injury.
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