Texas Penal Code Agg Assault - Have you ever been accused of assaulting a public official in Tarrant County, Fort Worth, or anywhere else in North Texas? If the answer is yes, you need to hire an experienced and aggressive attorney. Facing assault charges in Texas criminal court is terrifying, but when the crime involves a public official, the stakes are even higher.
Assault on a public servant in Texas is third degree, even if no physical contact occurred! There are many situations where a police officer, law enforcement officer or firefighter can be injured in an accident. Furthermore, in some cases of abuse of a public official, there is no actual injury or contact. In some cases, a simple blanket or cover to protect yourself can be mistaken for law enforcement, and you can be falsely accused of assaulting a public official.
Texas Penal Code Agg Assault
That's why you need a strong criminal defense team on your side. An experienced and aggressive workers' compensation attorney is your best hope to have the charges reduced or dismissed altogether.
What Is Aggravated Sexual Assault In Texas?
Texas criminal law limits itself to specific circumstances, providing that the accused must have known that the alleged victim was a government employee if they were wearing a uniform or easily recognizable badge.
The Texas Penal Code also lists the specific people who can be considered public servants: EMTs, paramedics, law enforcement and police officers, security guards, firefighters, and emergency responders.
However, there is a broad clarification at the end of the section about how Texas defines emergency workers that is of particular concern. The law states that rescue workers include people who work in all of the above areas
"And certain people who, in the course and scope of work or as a volunteer, provide services for the benefit of the public in times of disaster."
How Does Assault Differ From Aggravated Assault In Texas?
These provisions of the Texas Penal Code make it very difficult for some prosecutors to deny charges of assault against a public official, if the accused is not a public official.
Although the crime of assaulting a public servant is serious, many times the alleged perpetrator had little or no control over the circumstances leading to the charge. Two examples of these situations include:
As you can see, each of these cases is very different but each can lead to criminal charges.
According to Texas Law, aggravated assault of a public official occurs when a member of the police, first responders, or first responders is struck with a deadly weapon or seriously injured. If any of the above hypothetical situations involve the use of a deadly weapon, the charges will increase and the penalties may be more severe.
Fort Worth Aggravated Assault Lawyer
In these cases, deadly weapons can include knives, handguns, explosives, and even a decorated foot. If you have been accused of assaulting a public official and a weapon is involved, talk to a criminal defense attorney who knows serious assault charges. They will want to start as early as possible to protect you from criminal attacks by officials.
In Texas, simple assault of a public official is considered a third degree felony and the penalty you face if convicted is a felony. The possible prison sentence for a conviction is up to 10 years, along with an additional 10 years of probation and a fine of up to $10,000. Keep in mind that the maximum sentence includes a 25-year firearm ban, 20 years of ineligibility and a lifetime of having to register a violent crime on applications for work. Consequences like this for a first offender are unacceptable. This provides the highest cost to hire a criminal defense law firm that has a track record of protecting the residents of Fort Worth and the surrounding cities of Tarrant County, Texas from crimes against public officials.
Yes. It is important to understand that it is only necessary to show a threat of physical harm in order to be convicted of assault by a public official, no physical contact needs to occur. How is this possible? If a police officer or other public official claims that your actions put them in fear of serious bodily injury or death, you can be charged with assault on a public official.
If there is any kind of weapon involved in the assault, the crime is raised to "aggravated" and the punishment becomes even more severe. If the charges are expanded to include assault on a public servant, you're looking at first degree assault. If convicted, you could face life in prison; if a public servant loses his life, you can be sentenced to the death penalty in Texas if you are found guilty. That is why you need the knowledge of a public servant lawyer.
What Is My Defense To Aggravated Assault In Texas
One of the key differences between the crimes of assault and assault on a public official is that the accused must have known that the alleged victim was a public official at the time of the incident. If the prosecution can't prove you knew this, the charges must be reduced to simple assault (a misdemeanor in Texas) or dismissed entirely.
For example, if you are involved in an altercation and an off-duty police officer is injured, the charge can often be reduced from assault on a public servant to assault if the off-duty officer was not wearing a uniform or clothing. tray. Therefore, it is important to discuss the matter thoroughly with your criminal lawyer; you cannot be convicted of assaulting a public official in Texas if you did not know the person was a public official.
There are some ways to challenge these allegations, even if there are conflicting witnesses. Someone who fears for their safety or the safety of a family member may act in self-defense; This method is called affirmative defense.
In self-defense, you admit assault but give reasonable excuses. In this situation, the most likely reason is that you were trying to defend yourself from the same attack you were subjected to by the police. A police officer must not hit and injure you without reason. We have seen examples of police abuse recently where citizens have been seriously injured or killed by illegal actions by the police. You have the right to protect yourself against unlawful police attacks.
Understanding Assault Conviction Penalties In Texas
Someone who was drugged against their will suffered a head injury that made it impossible for them to reasonably understand that this person was a government employee, or to show that the incident was intentional which could also be used as a defense. Your criminal defense attorney will discuss all options with you.
Let's say for a moment that you have a possible defense to your assault on a public servant. What should your criminal lawyer do at the beginning of the process? The best Texas bankruptcy attorneys know that the fastest way to get a civil servant case dismissed is to review the government's evidence and prepare an evidence package to present to the jury.
Under the Texas Penal Code, all crimes in the state of Texas must be tried by a grand jury. The Texas Constitution requires criminal cases to go to a grand jury to ensure that cases are adequately investigated to protect the rights of the accused and to ensure that cases with limited evidence do not enter the criminal justice system.
Texas grand juries have three options when deciding the merits of an officer's criminal conviction: (1) Count the case and plead guilty and take it to district court; (2) Reduce the charges to less serious offenses and submit them to the court; or (3) No Bill case - corresponding acquittal or dismissal. Unfortunately, many criminal defense attorneys fail to take advantage of that opportunity to present evidence to a grand jury. If your criminal defense attorney does not testify before a grand jury, the grand jury is left with only the prosecutor's version of events, which usually results in the criminal case being dismissed and sent to the guilty district court.
What You Need To Know About The Consequences Of Firearm Theft In Texas
It is important that you hire an experienced and aggressive criminal defense attorney who is familiar with the grand jury process and who is prepared and able to present evidence to give you the best chance of having your criminal case reduced to a minimum or not at all. paid by the grand jury.
The first decision you must make after being accused of assaulting a police officer, emergency responder or other public official in Tarrant County is who to hire to defend you.
If you are facing an officer abuse charge, call the Hampton Law Firm at 817-826-9905 now. Jeff Hampton and his team of former prosecutors
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