Texas Penal Code For Assault - Has he been charged with assaulting a public servant in Tarrant County, Fort Worth, or elsewhere in North Texas? If the answer is yes, you should hire an experienced and aggressive attorney. Dealing with harassment charges in Texas criminal court can be daunting, but when the charges involve a public official, the stakes are even higher.
Assaulting a public servant in Texas is a felony of the third degree, even if there is no actual physical contact! There are many scenarios in which a police officer, security guard, or firefighter could be accidentally injured. Moreover, the assault charges against a government official never involved physical harm or an actual confrontation. In some cases a simple act or an act of self-defense can be misinterpreted by law enforcement, and you can be falsely accused of assaulting a public servant.
Texas Penal Code For Assault
This is why you need a strong criminal defense team by your side. An experienced and aggressive criminal defense attorney for assault charges against public servants has the best hope of getting the charges reduced or dismissed altogether.
What Are Indecent Assault Charges In Texas?
The Texas Penal Code delves into specific situations, assuming that the accused should know the alleged victim is a public employee if they are wearing a plain identification uniform or badge.
The Texas Penal Code further lists specific people who can be considered public employees: emergency medicine, paramedics, law enforcement and police, security guards, firefighters, and emergency room personnel.
However, there is a general oversight at the end of the section about how Texas defines emergency workers that is of particular concern. The law states that emergency workers include people working in all the above positions
"And additional details that, in performing and completing the work or volunteering, provide services for the benefit of the public in emergency situations."
Model Penal Code Worksheet
This broad distinction in the Texas Penal Code makes it very difficult for some prosecutors to oppose bringing simple assault charges for assaulting a public servant when the alleged victim is not a public servant.
While allegations of assault against a public servant are serious, in many cases the accuser had little or no control over the circumstances that led to the allegations. Two scenarios that demonstrate these situations include:
As you can see, each of these incidents is clearly different but each of them can lead to criminal charges against you.
Under Texas law, an assault on a public servant occurs when a member of law enforcement, emergency services personnel or emergency medical personnel is attacked with a deadly weapon or suffers great bodily harm. If any of the above hypothetical situations involve the use of a deadly weapon, the charges will be enhanced and the penalties may be more severe.
Assault And Battery
In these cases, deadly weapons can include knives, guns, explosives and even shoes. If you have been accused of assaulting a public servant and it involves a firearm, contact a lawyer. The criminal defense recognizes serious assault charges. They will need as much head start as possible to protect you from an onslaught of accusations from public servants.
In Texas, simple assault of a public official is considered a third-degree felony and carries severe penalties if convicted. The possible prison term for a conviction is 10 years, plus 10 years of probation and a fine of up to $10,000. Remember, the maximum sentence means 25 years of being prohibited from owning a weapon, 20 years. Not voting and a lifetime of having to list a conviction for a violent crime when applying for a job. Such a result for a first-time offender is unacceptable. This places a premium on hiring a criminal law firm that has a proven track record of protecting the citizens of Fort Worth and the surrounding towns of Tarrant County, Texas from the onslaught of public service charges.
Yes. It is important to understand that only presenting a threat of physical harm is necessary to convict you of assaulting a public servant, physical contact does not have to occur. how is it possible? If a police officer or other public servant claims that your actions put them in danger of imminent bodily harm or death, you may face a charge of assault on a public servant.
In the event that any type of weapon is involved in the assault, the crime is enhanced to "bad" and the punishment is even more severe. If the charges are upgraded to aggravated assault of a public servant, you are looking at a first degree felony. If convicted, he could face life in prison; If a government official loses his life, you could face the death penalty in Texas if you are guilty. This is why you need an experienced public servant attack attorney.
Domestic Violence Charges In Texas
One of the most important differences between simple assault charges and assault on a public servant is that the alleged assailant knew the victim was a public servant at the time of the incident. If the prosecution can't prove he knew this, then the charges should be reduced to at least simple assault (a Texas felony) or dismissed entirely.
For example, if you are involved in a fight and an off-duty police officer is injured, charges from assault on a public servant can often be reduced to a simple assault charge if the officer was not in uniform or wearing a suit. tag. Therefore, it is important to discuss the incident thoroughly with your criminal lawyer; You cannot be convicted of assaulting a public servant in Texas if you do not know that person is a public servant.
There are other ways to dispute these allegations, especially when there are witnesses to the dispute. Someone who fears for his or a friend's safety may say he acted in self-defense; This strategy is considered a positive defense.
In the affirmative defense, he admits to the assault but cites justifiable reasons. In this situation, the legitimate reason is that you are trying to protect yourself from some sort of police attack. A police officer must not attack you and hurt you without reason. We have seen examples of this illegal conduct by the police recently when civilians have been seriously injured or killed by illegal police actions. You have the right to defend yourself against unlawful police attacks.
Assault Family Violence Texas Punishment
A person who was drugged against his will, who was injured in the head in such a way that it cannot reasonably be understood that the person is a government official, or who proved that the act could not also be used as a defense. . Your criminal defense attorney will discuss all possible options with you.
Let us assume for a moment that you have a possible defense available to you in your attack on the public servant's claim. What should your criminal defense attorney do early in the process? The best Texas assault lawyers know that the fastest way to get a felony assault on a public servant case is to review the state's evidence and prepare an evidence package to present to a grand jury.
Under Texas criminal law, every crime in the state of Texas must be presented to a grand jury. The state of Texas requires that criminal cases be presented to a grand jury to ensure that cases are properly reviewed to protect the rights of the accused and to ensure that cases with little evidence do not enter the system.
Texas grand juries have three options when considering the merits of a state employee's felony conviction: (1) bind the case and certify the felony charge and file it in criminal district court; (2) reduce the charge to a lesser offense of aggravated assault and extend detention for the misdemeanor; or (3) there is no deed at issue - equivalent to cancellation of charges or rescission. Unfortunately, many criminal defense attorneys fail to take advantage of the opportunity they have to present evidence to a grand jury. If your criminal defense attorney does not present evidence to the grand jury, the grand jury will be left with only the prosecutor's version of events, which will result in the grand case being the real charge and going to criminal district court.
Quick Penal Code Reference (laminated Chart) (2021)
It is important that you hire an experienced and aggressive criminal defense attorney who is familiar with the grand jury process and is prepared and able to present evidence to give you the best chance of getting your criminal case dismissed at little or no cost. Grand Jury Bill.
The first decision you need to make after being accused of assaulting a police officer, emergency worker or public servant in Tarrant County is who to hire to defend you.
If you are facing an onslaught of public servant allegations, call the Hampton Law Firm now at 817-826-9905. Jeff Hampton and his former team of prosecutors
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