Disarming a police officer is generally a very, very bad idea. The act of “disarming” typically refers to taking a police officer’s weapon, which could include his gun, taser, baton or any other device for controlling or subduing suspects.

The state takes this crime extremely seriously, defining such an act as a felony.

Apple Valley Disarming a Police Officer Criminal Defense Attorney

If you have been charged with disarming, or attempting to disarm, a police officer, then you need to contact an experienced criminal defense attorney immediately. Not only is the aforementioned crime a felony, but if convicted, police may treat you as dangerous, rather than compliant.

James Blumberg is an experienced criminal defense attorney in Apple Valley who represents individuals facing all kinds of charges involving the administration of justice and the Minnesota Criminal Process in Eagan, Bloomington, Minnetonka, Lakeville, Burnsville, St. Cloud, and many other surrounding areas.

He can provide a complete evaluation of your case as soon as you call (952) 431-7758 to schedule a free consultation.

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Disarming the Police in Minnesota

Defined under Minnesota Revised Stat. 609.504: Disarming Police Officer, the act of disarmament refers to removing the officer’s “defensive device.” The list of “defensive devices” includes the following:

  • a firearm;
  • a dangerous weapon;
  • an authorized tear gas compound, as defined in section 624.731, subdivision 1;
  • an electronic incapacitation device, as defined in section 624.731, subdivision 1 (read: taser);
  • a club or baton;
  • any other item issued by a peace officer’s employer to the officer to assist in the officer’s protection.

To be charged with disarming a police officer, a few conditions must be fulfilled:

  • You must take the item from the officer
  • You must not have the officer’s consent
  • The officer must be engaged in his “official duties.” In other words, he must be “on the clock” or in the middle of a call.

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Common Defenses

Defending disarmament charges can be tricky because there is rarely any nuance to the action. However, there are a few cases in which taking an officer’s weapon can be considered legal.

  • False Intent – Sometimes actions can be misconstrued. If you are being arrested and your hand brushes against the officer’s firearm, or if you stumble and place your hand on the officer’s weapon, that action may be construed as attempting to take the officer’s weapon.
  • Safety – in some rare cases, an officer may be acting unsafely. Whether they are threatening someone with their firearm, shooting their firearm unnecessarily, or causing unnecessary harm, if the officer presents a risk to those around him then there is legal precedent to protect you. This defense is a little harder, and requires the defense to show that the officer acted recklessly and posed a danger to those present.
  • Lack of Knowledge – If an officer is under cover, you might not know that they are a police officer. If you stumble onto the scene of someone in plain clothes pointing a firearm at another person, you might not wait to ask for identification. In this case, you likely have a valid defense. However, once the officer has been identified as a member of law enforcement, you are required to return his or her weapon immediately.

Outside of these three defenses, there is little legal reason to place your hand on an officer’s weapon.

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Penalties

Under Minnesota law, disarming a police officer is classified as a felony. The penalties are severe, reflecting the serious nature of the crime. If convicted, an individual could face:

  • Imprisonment for up to five years.
  • A fine of up to $10,000.
  • Or both imprisonment and a fine.

The statute makes it clear that these penalties are the maximum allowable under the law, giving judges some discretion in sentencing based on the specifics of the case.

In addition, the above penalties are likely to be compounded into whatever original crime you have been charged with.

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Additional Resources

Minnesota Revised Stat. 609.504 – Read the original text of the Minnesota statute to better understand the state’s definitions of peace officers and their weapons.

Authorized use of force – The state authorizes the use of force in very specific scenarios. Read the state statute to understand when officers may and may not use force in their confrontations.

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Hire a Criminal Defense Attorney in Apple Valley, MN

There is rarely a reason to place your hand on an officer’s weapon, but if you have been charged with doing so then you need an experienced criminal defense attorney to argue your case.

James Blumberg has decades of experience representing individuals facing all kinds of charges involving the administration of justice and the Minnesota Criminal Process in Eagan, Bloomington, Minnetonka, Lakeville, Burnsville, St. Cloud, and many other surrounding areas.

He can provide a complete evaluation of your case as soon as you call (952) 431-7758 to schedule a free consultation.

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