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In Wisconsin, intentionally disarming a peace officer or correctional officer acting in an official capacity is a Class H felony under Wisconsin Statute § 941.21. This offense involves taking a dangerous weapon or official items. This charge can result in penalties up to 6 years in prison and a $10,000 fine.
Under Wisconsin Statute 941.21, whoever intentionally disarms a peace officer acting in their official capacity by taking a dangerous weapon from them without their consent is guilty of a Class H felony.
This includes pepper spray, tasers, or other devices or containers that the officer is carrying. It also includes when those items are within the officer’s immediate presence.
The term “dangerous weapon” has multiple definitions including firearms (whether loaded or unloaded) or an. electric weapon. This has also been legally interpreted more broadly to include any device or instrument which in the manner it is used or intended to be used is likely to produce death or great bodily harm
This statute breaks up into 5 elements:
Defenses in these cases can hinge on the absence of the above listed elements. In particular, two aspects to look at are whether the victim was acting in their official capacity as a peace officer and if there was intent, including knowledge that the victim was a peace officer and knowing they were acting in an official capacity.
Key details for this argument will include whether the victim identified themselves as an officer and what kind of uniform, markings, or vehicle they were using. The issue of what constitutes official capacity is not always consistent and cases can lead to different interpretations based on the specific scenario. For instance, cases have determined that an off-duty officer attempting to break up a fight was acting in his official capacity while a deputy sheriff conducting a traffic stop in a neighboring county was not. These rulings were made in Williams v. State, 45 Wis.2d 44, 172 N.W.2d 31 (1969) and State v. Barrett, 96 Wis.2d 174, 291 N.W.2d 498 (1980).
While being a relatively uncommon charge, a disarming scenario can occur as part of an instance where someone is resisting a peace officer or in a situation where someone is looking to harm a police officer. While resisting an officer or physically harming a police officer can have different penalties and may have been the primary activity, this can be a charge that can also be applied if the officer is disarmed during that activity. This charge can also come from an altercation at a correctional facility.
Disarming a peace officer is a Class H felony, punishable by up to 6 years imprisonment and up to a $10,000 fine. A felony conviction also has the effect of prohibiting one from voting until their civil rights are restored and prohibiting one from possessing a firearm for the rest of their life.
Wis. Stat. 939.32 covers how the law regards attempts to commit crimes. An attempt to disarm a peace officer is subject to identical penalties as a completed disarming of the officer, meaning a Class H felony punishable by up to 6 years imprisonment and up to a $10,000 fine.
