Indiana criminal charge
Disarming a law enforcement officer in Indiana
Disarming a law enforcement officer is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-3-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-44.1-3-2.
What is the penalty for disarming a law enforcement officer in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Disarming a law enforcement officer (base offense) — A person knowingly or intentionally takes or attempts to take a firearm or weapon the officer is authorized to carry from the officer or the officer's immediate proximity, without consent, while the officer is performing official duties.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Disarming a law enforcement officer (base offense) — A person knowingly or intentionally takes or attempts to take a firearm or weapon the officer is authorized to carry from the officer or the officer's immediate proximity, without consent, while the officer is performing official duties.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Disarming a law enforcement officer resulting in serious bodily injury — The offense results in serious bodily injury to the law enforcement officer.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Disarming a law enforcement officer resulting in serious bodily injury — The offense results in serious bodily injury to the law enforcement officer.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 20 years to 40 years (Disarming a law enforcement officer resulting in death — The offense results in death to the law enforcement officer.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Disarming a law enforcement officer resulting in death — The offense results in death to the law enforcement officer.) | discretionary | Ind. Code § 35-50-2-4 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is disarming a law enforcement officer classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disarming a law enforcement officer (base offense) | Level 5 Felony | A person knowingly or intentionally takes or attempts to take a firearm or weapon the officer is authorized to carry from the officer or the officer's immediate proximity, without consent, while the officer is performing official duties. | Ind. Code § 35-44.1-3-2(b) |
| Disarming a law enforcement officer resulting in serious bodily injury | Level 3 Felony | The offense results in serious bodily injury to the law enforcement officer. | Ind. Code § 35-44.1-3-2(b) |
| Disarming a law enforcement officer resulting in death | Level 1 Felony | The offense results in death to the law enforcement officer. | Ind. Code § 35-44.1-3-2(b) |
Common questions about disarming a law enforcement officer in Indiana
Is disarming a law enforcement officer a felony or a misdemeanor in Indiana?
It depends on the circumstances: disarming a law enforcement officer ranges from a Level 5 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-44.1-3-2.
Disarming a law enforcement officer (base offense): Level 5 Felony (Ind. Code § 35-44.1-3-2(b)) · Disarming a law enforcement officer resulting in serious bodily injury: Level 3 Felony (Ind. Code § 35-44.1-3-2(b)) · Disarming a law enforcement officer resulting in death: Level 1 Felony (Ind. Code § 35-44.1-3-2(b))
What are the penalties for disarming a law enforcement officer in Indiana?
Which Indiana statute covers disarming a law enforcement officer?
Disarming a law enforcement officer is governed by Ind. Code § 35-44.1-3-2 (Disarming a law enforcement officer).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.