Removal or Attempted Removal of Weapon from Public Official

Have You Been Charged With Removal or Attempted Removal of a Weapon From a Public Official in Georgia?

Public officials frequently carry weapons to keep the public safe. Georgia deems it a crime to take or attempt to take a weapon from a public official. If you have been charged with this crime, contact the Office of Lawson and Berry. We have over 50 years of criminal defense experience and know how to successfully defend your case. A charge does not equal a conviction so contact us today.

Georgia Law O.C.GA. §16-10-33 reads as follows

It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:

  • The other person is lawfully acting within the course and scope of employment; and
  • The person has knowledge or reason to know that the other person is employed as:
    • A peace officer as defined in paragraph (8) of Code Section 35-8-2;
    • An employee with the power of arrest by the Department of Corrections;
    • An employee with the power of arrest by the State Board of Pardons and Paroles;
    • A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;
    • A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or
    • A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities. 

Georgia defines firearm to include stun guns and tasers.

Georgia Law

A man was convicted of violating this statute in Daniel v. State, 303 Ga. App. 1, (2010). When officers ordered the defendant to show his hands, which were hidden, the defendant lunged at the officer and attempted to take the gun away from the officer. Therefore, the court found that there was sufficient evidence to convict the defendant of trying to remove a firearm from a police officer.

Penalty for Violating O.C.G.A. §16-10-33

A person convicted of removing or attempting to remove a weapon from a public official in Georgia will be guilty of a felony. The punishment will be a prison term between one and five years or a fine up to $10,000, or both.

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When charged with a crime, it can be difficult to discern how to defend yourself, and the criminal justice system is confusing. Don't take a chance by representing yourself! Let the Criminal Defense Team at Lawson and Berry assist with your case today. Contact us for a free case evaluation.

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The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!