About the Crime of Disarming a Police Officer
Disarming a corrections officer means taking a Firearm or other weapon from a Corrections Officer or Peace Officer. In other words, removing a weapon, without permission, from an officer of the law. Michigan law prohibits individuals from taking weapons from corrections officers or peace officers. A corrections officer is a jail or prison guard or other employee of a jail, state, or federal correctional facility. These officers perform duties related to the care, custody, transportation, or supervision of prisoners.
A peace officer is one or more of the following:
a police officer of this state;
a police officer of the United States;
the sheriff or a sheriff’s deputy of a county of this state;
a college or university public safety officer who is authorized to enforce state law and the ordinances and rules of that college or university;
a state conservation officer; or
a conservation officer of the United States department of interior.
If the Weapon is not a Gun:
A person who takes a weapon that is not a firearm from the lawful possession of a corrections officer or peace officer has committed a felony with a maximum penalty up to 4 years in prison, a fine up to $2,500.00, or both, if all of the following has occurred at the time of the taking of the weapon:
- The person taking the weapon knows or has reason to know the person the weapon is removed from is a corrections officer or peace officer.
- The corrections officer or peace officer is acting in his or her professional capacity.
- The person takes the weapon without the consent of the corrections officer or peace officer.
- The corrections officer or peace officer is authorized by his or her employer to carry a weapon on duty.
If the Weapon is a Gun:
A person who takes a firearm from the lawful possession of a corrections officer or peace officer has committed a felony with a maximum penalty up to 10 years in prison, a fine up to $5,000.00, or both, if all of the following has occurred at the time of the taking of the weapon:
- The person taking the weapon knows or has reason to know the person the weapon is taken from is a corrections officer or peace officer.
- The corrections officer or peace officer is completing his or her professional duties.
- The person obtains the firearm without the consent of the corrections officer or peace officer.
- The corrections officer or peace officer is authorized by his or her employer to carry a firearm in the course of employment.
Consecutive Sentencing Possible
An individual may be charged with any other violations of law that occur during an incident involving the taking of the weapon in question. If a term of imprisonment is imposed for a violation of this law, the term may run consecutively to any term of punishment for any other criminal violation that arises from the incident. In other words, the prison time may be tacked on after completing another prison sentence.
Experienced Legal Counsel Serving the State of Michigan
At The Kronzek Firm, our experienced lawyers defend clients thoroughly and aggressively. We analyze the evidence in the case, mounting a strong, individualized defense. Call us for a free consultation at (866) 7-NoJail!. Our attorneys are on call 24 hours a day for emergencies and offer free consultations.