Penal Code 148d | Taking an Officer’s Firearm


Penal Code 148d | Taking an Officer’s Firearm

In California, Penal Code 148d PC makes it a crime to attempt to take a firearm from a law enforcement officer. This offense is commonly referred to as “taking an officer’s gun.” It applies when someone tries to take an officer’s firearm while resisting, delaying, or obstructing them in the performance of their duties.

Attempting to take an officer’s gun is an extremely serious offense. It interferes with their ability to carry out their lawful duties and threatens public safety. Penalties under PC 148d can include both misdemeanor and felony charges.

Let’s take a closer look at the legal definition of this crime, penalties, legal defenses, and related charges for taking or attempting to take a peace officer’s firearm under California law.

What Does Penal Code 148d Prohibit?

California’s law against taking an officer’s firearm contains the following elements that prosecutors must prove:

  • You willfully resisted, delayed, or obstructed a law enforcement officer
  • The officer was engaged in the lawful performance of their duties
  • You knew or reasonably should have known the victim was an officer
  • While resisting the officer, you attempted to take their firearm

“Attempting to take” means making a direct but unsuccessful effort to gain possession of the officer’s firearm. Some examples include:

  • Trying to pull the gun out of the officer’s holster
  • Grabbing onto the firearm during a struggle
  • Trying to pick up the officer’s gun if it falls to the ground

The prosecution does not need to prove you succeeded in getting the weapon. Just the attempt itself completes the crime.

Penalties for Taking an Officer’s Firearm in California

Penal Code 148d can be charged as either a misdemeanor or felony offense:

  • Misdemeanor – Up to 1 year in county jail, a fine up to $2,000, or both.
  • Felony – 16 months, 2 years or 3 years in California state prison, a fine up to $10,000, or both.

Factors that can increase charges to a felony include if the officer’s firearm was partially removed from its holster, if you managed to release the safety, or if your fingerprints were found on the gun.

Legal Defenses to Taking an Officer’s Gun

Fighting PC 148d allegations requires an experienced criminal defense attorney. Possible defenses include:

  • No attempt to take the firearm – You did not actually try to grab the officer’s gun.
  • Misidentification – You were mistakenly identified as the person who tried to take the firearm.
  • Self-defense – Your actions were legally justified to protect yourself or someone else from harm.
  • False accusations – The officer is lying about what occurred.

A skilled lawyer can evaluate if any of these defenses may apply in your case and build an aggressive strategy challenging the charges.

Related Offenses to Taking an Officer’s Firearm

In addition to Penal Code 148d, other California laws also make it a crime to take weapons from law enforcement officers:

  • PC 148(b) – Taking a baton or other weapon from an officer
  • PC 148(c) – Taking an officer’s firearm by force
  • PC 244.5 – Assault with a stun gun or taser on an officer

These related offenses carry similar criminal penalties under California law.

Penalties for Conviction of Taking an Officer’s Firearm

Being convicted under PC 148d can negatively impact your life for years. Consequences may include:

  • Jail or prison time
  • A permanent criminal record
  • Loss of gun rights
  • Difficulty finding future employment
  • Excessive fines and court fees
  • Felony probation or parole

An experienced criminal defense lawyer can help you understand and fight against all potential penalties if convicted.

Legal Defenses Lawyers Use for Taking Officer’s Gun Cases

Allegations of trying to take a peace officer’s firearm must be taken very seriously. These charges can completely ruin your reputation and future if convicted.

Having an aggressive criminal defense attorney is essential. A skilled lawyer will carefully examine if the prosecution can prove every element of PC 148d beyond a reasonable doubt.

They can challenge any weak points in the district attorney’s case and build a solid defense on your behalf. This may lead to charges being reduced or dismissed in some cases.

Don’t leave your fate up to chance. An experienced attorney can make all the difference in how your case plays out.