Resisting and obstructing a law enforcement official performing their official duties is already a major criminal offense, but actually taking away his or her weapon is an even more serious felony offense in itself. This blog article will explore the crime of disarming a law enforcement officer or corrections officer in Michigan and the possible criminal penalties if convicted.
THE ELEMENTS OF DISARMING A LAW ENFORCEMENT OFFICER OR CORRECTIONS OFFICER
An individual is guilty of disarming a law enforcement officer or corrections officer in Michigan, contrary to MCL 750.479b, if the prosecutor can prove all of the following beyond a reasonable doubt (See Model Criminal Jury Instruction 13.18):
- First, that the individual knew or had reason to believe that the person from whom the firearm or other weapon was taken was a law enforcement officer or corrections officer.
- Second, that at the time of the offense, the law enforcement officer or corrections officer was performing his or her duties as a law enforcement officer or corrections officer.
- Third, that the individual took the firearm or other weapon without the consent of the law enforcement officer or corrections officer.
- Fourth, that at the time of the offense the law enforcement officer or corrections officer was authorized by his or her employer to carry the firearm or other weapon in the line of duty.
A “law enforcement officer” means one or more of the following:
- “A police officer of this state or a political subdivision of this state.” MCL 750.479b(5)(b)(i).
- “A police officer of any entity of the United States.” MCL 750.479b(5)(b)(ii).
- “The sheriff of a county of this state or the sheriff’s deputy.” MCL 750.479b(5)(b)(iii).
- “A public safety officer of a college or university who is authorized by the governing board of that college or university to enforce state law and the rules and ordinances of that college or university.” MCL 750.479b(5)(b)(iv).
- “A conservation officer of the department of natural resources.” MCL 750.479b(5)(b)(v).
- “A conservation officer of the United States department of interior.” MCL 750.479b(5)(b)(vi).
“Corrections officer” means “a prison or jail guard or other employee of a jail or a state or federal correctional facility, who performs duties involving the transportation, care, custody, or supervision of prisoners.” MCL 750.479b(5)(a).
CRIMINAL PENALTIES FOR DISARMING A LAW ENFORCEMENT OFFICER OR CORRECTIONS OFFICER
If an individual disarms a law enforcement officer or corrections officer and the weapon involved was a FIREARM, then the individual is guilty of a felony punishable by a fine up to $5,000.00 or up to 10 years in state prison, or both. MCL 750.479b(2).
If an individual disarms a law enforcement officer or corrections officer and the weapon involved was ANY WEAPON EXCEPT A FIREARM, then the individual is guilty of a felony punishable by a fine up to $2,500.00 or up to 4 years in state prison, or both. MCL 750.479b(1).
An individual charged with, convicted of, or punished for disarming a law enforcement officer or corrections officer can also be charged, convicted or punished for any other violation of law that is committed by that individual at the same time (e.g. resisting or obstructing a police officer, fleeing and eluding, etc.). MCL 750.479b(3). In addition, a term of imprisonment for disarming a law enforcement officer or corrections officer can run consecutively to any term of imprisonment imposed for any other criminal violations arising out of the same transaction. MCL 750.479b(4).
IF YOU ARE CHARGED WITH DISARMING A LAW ENFORCEMENT OFFICER OR CORRECTIONS OFFICER, YOU NEED A SKILLED CRIMINAL DEFENSE LAWYER TO HELP YOU PROTECT YOUR RIGHTS
The prosecutor and the judge will take the crime of disarming a law enforcement officer very serious, so you cannot afford to have anything less than the best legal representation in your corner. A good attorney will conduct an independent investigation, challenge the evidence, and hold the prosecutor to the standard of proving guilt beyond a reasonable doubt. Even if the evidence against you is strong, a good criminal defense lawyer may be able to negotiate a favorable outcome with the prosecutor such as a plea to a reduced offense or a sentencing agreement.
If you or a loved one is accused of any crime and need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.
