Assault Penal Code Texas - Have you been charged with assault on a public official in Tarrant County, Fort Worth or elsewhere in North Texas? If the answer is yes, then you should hire an experienced criminal defense attorney. Challenging a crime in Texas criminal court is scary enough, but when allegations involve a government official, the stakes are even higher.
Assault is a third degree felony in Texas, even if there is no physical contact! There are many scenarios where unfortunately, a security guard or fireman can be injured by accident. In addition, in some of the allegations contested by public officials, there was never any injury or actual physical contact. In some cases, a simple abrasion or obstruction of defense defense can be twisted by law enforcement and falsely accused of assaulting a public official.
Assault Penal Code Texas
That's why you need a strong criminal defense on your side. An experienced and aggressive criminal lawyer to challenge a public official is the best hope of having the charges reduced or dropped altogether.
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The Texas Criminal Code goes further in certain circumstances if the defendant knew the alleged victim was a public official if he was wearing an easily identifiable uniform or badge.
The Texas Penal Code adds specific personnel who may be considered public officials: paramedics, paramedics, law enforcement and police, security guards, firefighters and ambulance personnel.
However, at the end of the chapter, there is one broad generalization about how Texas defines emergency services personnel that are of particular concern. The law states that emergency services personnel include people working in all of the above positions
"and other natural persons who, in the course and scope of their work, or voluntarily, provide public services in emergency situations."
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This broad generalization in the Texas Criminal Code makes it more difficult for some prosecutors to file simple charges for assault on a public official when the alleged victim is not actually a public official.
When allegations of public assault are serious, the alleged assailant often had little or no control over the circumstances leading to the charges. Here are some scenarios illustrating the circumstances;
As you can see, these details are distinctly different, but both are filed against you in criminal charges.
Under Texas law, aggravated assault on a public official is when a member of law enforcement, emergency services personnel, or emergency medical personnel is assaulted with a deadly weapon or sustains serious bodily injury. If any of the hypothetical situations above involve the use of a deadly weapon, the charges will be much more serious and the penalties will be stiffer.
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In these cases, lethal weapons can include knives, guns, explosives, and even hiking boots. If you have been charged with public assault and using public weapons, contact a criminal defense attorney who is charged with more serious charges. You will need as much pressure as possible to protect yourself from the public attack.
In Texas, simple assault on a public official is considered a third-degree felony and is punishable by law. A prison sentence for the conviction is possible for up to 10 years, an additional 10 years of probation and a fine of up to $10,000. Keep in mind that the maximum penalty is a 25-year gun ban, 20 years of voting rights and a lifetime requirement to enter a violent crime on your job application. But such an effect is inconvenient to him who transgresses for the first time. This puts a premium on hiring a criminal defense law firm that has a track record of defending the citizens of Fort Worth and surrounding towns in Tarrant County, Texas, from government official attack.
Yes. It is important to understand that to challenge a public conviction, it is only necessary to prove a risk of bodily harm, and physical contact does not have to occur. How can it? If a police officer or other public official claims that your actions put him in imminent danger of serious injury or death, he may be charged with assault on a public official.
If that type of weapon is used in the attack, the offense is "aggravated" and the punishment is more severe. If the charges are changed to aggravated assault on a public official, you face a first-degree felony. If he is convicted, you will spend your life in prison; if a public official loses his life, he is punished by death in Texas. That's why an experienced government official lawyer is needed.
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One of the most important differences between simple allegations of assault and assault on a public official is that the alleged assailant must have known that the alleged victim was a public official at the time of the incident. If the prosecutor can't prove you knew it, the charges should at least be reduced to simple assault (Misdemeanor in Texas) or dropped altogether.
For example, if an off-duty officer is involved in a fight and is injured, often the charges can be reduced from public assault to simple assault charges if the off-duty police officer is not in uniform or wearing a badge. . Therefore, it is important to discuss the matter with a lawyer; You cannot be convicted of assaulting a public official in Texas if you did not know that person was a public official.
There are several other ways to dispute these allegations, even if there are witnesses to the argument. For someone fearing for his safety or that of his family may assert that he is independent of himself in defense; this plan is considered an affirmative defense.
In an affirmative defense, you plead guilty to the attack, but you provide valid reasons. In this case it was a legitimate reason to try to defend yourself against a similar attack committed by a police officer. A policeman has no right to attack and stop. We have recently seen examples of this capital offense where citizens have been seriously injured or killed because of illegal police actions. You have the right to defend yourself against unlawful police attacks.
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Someone who has been injured involuntarily, has suffered a head injury, does not logically understand that the person is a public official, or to prove that the act was reckless can also serve as a defense. Your criminal defense attorney will discuss all possible options with you.
We will give you the best possible defense available to attack the official government for the time being. What will your criminal lawyer do in the morning in court? The best Texas assault lawyers know that the fastest way to dismiss a case challenging a public official is to review the state's evidence and prepare the documents in a 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 Texas Constitution requires that felony cases be presented to a grand jury to ensure proper review of the case to protect rights and ensure that cases with little evidence do not end up in the criminal justice system.
Texas grand juries have three options for legally impeaching a public official: (1) a true settlement of the case and approval of a felony charge and transfer to a criminal court; (2) to reduce the charge to a lesser charge of assault, a misdemeanor; or (3) guilt to the cause - as much as an apology or absolution. Unfortunately, many criminal defense attorneys miss the opportunity to testify before a grand jury. If your criminal attorney fails to testify before a grand jury, the grand jury is left with the plaintiff's version of events, which are usually filed in a felony case and filed in district court.
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It is important to hire an experienced and aggressive criminal defense attorney who is familiar with the grand jury process and is willing and able to present evidence to ensure the best chance of reducing the felony case to a reduced or no charge. grand jury
The first thing you need to do when accused of assault is a police officer, emergency services personnel or other public official in Tarrant County who will be hired to defend you.
If you are at risk of assaulting a public official, call the Hampton Law Firm now at 817-826-9905. Jeff Hampton and a team of former prosecutors
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