Disarming A Peace Officer
Legal Definition
A person commits disarming a peace officer when they knowingly remove or attempt to remove a firearm or other weapon from the person of a peace officer, or deprive or attempt to deprive a peace officer of the use of a firearm or other weapon, when the peace officer is acting in the lawful discharge of their duties. This offense is classified as a Third Degree Felony and is punishable by up to 3 years imprisonment and a fine of up to $5,000.
Possible Punishment
Disarming a peace officer is a third degree felony punishable by up to 3 years imprisonment and a fine of up to $5,000.
Local Context
The statute is designed to protect law enforcement officers from being disarmed during the performance of their official duties. The offense requires that the officer be lawfully engaged in their duties at the time of the attempted or completed disarming. This charge applies regardless of whether the disarming is successful or merely attempted.
Violent-Crime Cases in Doña Ana County
Violent charges are where New Mexico's pretrial system shows its teeth. For serious felony cases (aggravated battery, armed robbery, homicide), the District Attorney frequently files a pretrial detention motion asking the Third Judicial District Court to hold the defendant with no possibility of release. That is why some people in our booking feed are released within a day while others charged under the same statute stay in custody until trial.
Many bookings in this category involve household members, which triggers additional consequences: no-contact release conditions, orders of protection, and, after a qualifying conviction, a federal firearm prohibition. Charges listed at booking are the arresting officer's charges; the DA decides what is actually filed, and amendments are common in violent-crime cases as evidence develops.
Related Guides
Domestic Violence Charges in New Mexico: Household Members, No-Contact Orders, and Why Victims Can't Drop Charges
How battery against a household member works in New Mexico: misdemeanor vs. felony versions, no-contact release conditions, protection orders, and firearm consequences.
Bail in New Mexico: Why There Is (Mostly) No Cash Bail Anymore
New Mexico voters ended most cash bail in 2016. How pretrial release, bond conditions, and no-bail detention actually work in Doña Ana County courts.
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Recent Arrests for This Charge (1)
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.