Chances are, you’re already aware of the fact that taking a cop’s gun is quite possibly the equivalent of signing your own death warrant. Trying to disarm a police officer in Michigan is a hugely serious crime and will get you into a world of trouble, if not into a casket. But why? And what kind of repercussions are you looking at? Curious? Good. Let’s take a look…
In Michigan, taking a weapon from a corrections officer or peace officer is a felony. This is the case whether the weapon in question is a gun, or any other type of weapon. However, the type of weapon you just took from that cop will have an effect on the charges you’re facing and the sentence you’re liable to get. But first, let’s clear up the issue of corrections and peace officers. Who are they anyway?
Under Michigan law, a corrections officer is a jail or prison guard, or any other employee of a jail, or a state or federal correctional facility. A peace officer, on the other hand, is a broader category. This includes:
- A police officer of this state (Michigan), this includes both state police and local officers
- A police officer of the United States;
- A sheriff or sheriff’s deputy of a Michigan county;
- 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;
- A conservation officer of the United States department of interior.
If you take a weapon from an officer that isn’t a firearm you are facing a four year felony, and possible fines of up to $2,500.00, or both. However, in order for this charge to be brought, all of the following has to apply to the situation:
- The person taking the weapon knows (or has reason to know) that the person they’ve removed the weapon from is an officer.
- The officer in question is acting in their professional capacity at the time.
- The weapon was taken without the consent of the officer.
- The officer is authorized by to carry a weapon while on duty.
If the weapon you take from an officer is a gun, you are facing up to ten years in prison and a fine of up to $5,000.00, or both. In order for this charge to be brought, all of the same conditions have to apply as with a weapon that isn’t a gun.
In many cases, people who take weapons from officers often proceed to engage in other criminal activity. Usually this includes running away from the police, or using the weapon against another person. In some cases it leads to the death of a civilian or an officer. In any case where there is more than one criminal charge brought, there is always the chance that the sentencing judge will choose to sentence you consecutively as opposed to concurrently. This means that after you’ve served one sentence, you will then have to serve another. Life is not good for a person convicted of disarming or attempting to disarm a cop.
Please remember that taking an officer’s weapon will always result in additional charges and a considerably more complicated case. We advise all of our readers to keep their interactions with the police as polite and civil as possible. Attacking an officer, insulting them, trying to fight with them, or even just running away from them is guaranteed to result in more charges against you, and also to make your defense more difficult. Obstructing, resisting or fighting with a police officer is always a horrible idea.
At The Kronzek Firm, our experienced criminal defense attorneys defend every client thoroughly and aggressively. We analyze all of the evidence and then mount a creative and individualized defense on behalf of every person we help. Call us for a free consultation at 866 766 5245. We are available 24 hours a day, 7 da