assault on a public servant

Assault On A Public Servant - Assault crimes in Texas carry serious penalties, especially if the accused is a public employee. Most simple assaults are considered Class A misdemeanors, but assault on a public servant can be prosecuted as a third-degree felony. If you or a relative has been charged with assaulting a public servant or police officer; You need reliable and effective legal representation right away. Here are some things you should know about assault crimes involving public servants in the Pearland and Houston area.

According to Section 22.01 of Title 5 of the Texas Penal Code, a person commits assault if they "intentionally, knowingly, or recklessly assault another person, including his or her spouse." A person can be charged with assault by "intentionally or knowingly threatening" a person, even if the person does not "actually make physical contact." In most cases, these offenses are classified as Class A misdemeanors. The penalty is up to one year in prison and a fine of up to $4,000.

Assault On A Public Servant

The crime is elevated to a felony of the third degree when the indictable offense is committed against a public employee. If convicted of a third-degree felony that carries other long-term consequences, such as 2 to 10 years in prison and a $10,000 fine. The law states: “A person who knows the actor is a public servant while performing official duties as a public servant, or in retaliation or in the exercise of official power or performance, or arising out of retaliation or retaliation. He was performing official duties as a public servant." Public servants include police officers, Judges Judges Lawyers Arbitrators, political candidates; This includes elected officials and government employees. A key part of charging someone with torturing a public servant is that the actor must prove that the the defendant is a public servant.

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Incidents involving public servants, particularly police officers and members of law enforcement agencies, can be complicated. In many cases, a police officer can torture you or treat you very harshly so that you can retreat to defend yourself. Even small actions can lead to serious assault charges; That is why it is important to get help from an experienced criminal lawyer who can defend your rights. Remember that you don't have to go through this difficult time alone. Your attorney will work closely with you to ensure the best possible outcome given the particulars of the case.

Are you facing assault charges in Pearland or the surrounding area? Call the Law Offices of Keith G. Allen, PLLC today at (832) 230-0075 to schedule a free consultation with an experienced and trusted criminal defense attorney. Tarrant County, Accused of Assaulting a Public Servant in Fort Worth? Or somewhere else in North Texas? If the answer is correct, you need to hire an experienced and serious criminal lawyer. Being charged with assault in Texas can be scary, but when a public servant is involved, the stakes are even higher.

Assaulting a public employee in Texas is a third degree felony even if physical contact does not occur. policeman There are many situations where a security guard or firefighter can be injured by accident. Also, in some allegations of assault against a public servant, there was no injury or actual physical contact. In some cases, a simple grazing or defensive blocking to protect yourself can lead to lying to law enforcement and falsely accusing a public servant.

This is why you need a strong legal defense team on your side. An experienced and aggressive criminal defense attorney is your best hope of getting the charges reduced or dismissed entirely.

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The Texas Penal Code explores specific circumstances, assuming that the accused should have known with certainty that the accused was a public servant if he wore an easily identifiable uniform or insignia.

The Texas Penal Code further lists specific individuals who may be considered public employees: EMTs; Paramedics law enforcement and police; security guards Firefighters and emergency room personnel.

However, At the end of the section there is a very broad general description of how Texas defines emergency personnel of special concern. The law states that emergency workers include people who work in all of the above positions.

"Other persons providing services for the public good in education and employment or in emergency situations as volunteers."

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This broad generalization in the Texas Penal Code makes it too difficult for some attorneys to bring simple assault charges when they are not state employees.

Allegations of abuse of public servants are serious, but many times the accused had little or no control over the situation that led to the charge. Some cases that exemplify these situations include:

As you can see, each of these cases is obviously different, but each of them can expose you to criminal charges.

Under Texas law, a member of law enforcement; Aggravated assault on a public servant occurs when an emergency worker or emergency physician is assaulted with a deadly weapon or inflicts serious bodily injury. If the scenarios described above involve the use of a deadly weapon, charges may be filed and the penalties may be more severe.

One Arrested For Assault On A Public Servant

In these cases, the deadly weapons included knives, handguns; Explosives and even knives may be involved. If you are charged with assault on a public servant and a weapon is involved. Contact a criminal defense attorney familiar with serious assault charges. They will have to put their heads together as much as possible to defend you against the charges against the public servant.

In Texas, simply assaulting a public servant is a third-degree felony, and that's the penalty you face if convicted. If convicted, the potential penalty is up to 10 years in prison, an additional 10 years and a fine of up to $10,000. The maximum sentence is 25 years with a 20-year weapons ban. Not voting and having a serious criminal conviction must be listed on lifetime applications. A result like this is unacceptable for a first time offender. It's the state of Texas. Citizens of Tarrant County and surrounding cities pay a premium to hire a criminal defense law firm to defend them.

Yes. It is important to understand that in order to be convicted of assault on a public servant, it is only necessary to prove physical threat and not physical contact. How is it possible? If a police officer or other public servant claims that your actions put them in fear of serious bodily harm or death. He can be prosecuted for insulting a public servant.

If there is any kind of weapon involved in the assault, the crime becomes more serious and the punishment more severe. If a public employee is charged with serious violence. You are looking at a first degree felony. If convicted, he faces life in prison. If a public servant loses his life. If convicted, he faces the death penalty in Texas. That is why the experienced tort of a public service lawyer is needed.

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One of the key differences between a charge of simple assault and assault on a public servant is that the accused must have known that the accused was a public servant at the time of the incident. Unless the prosecutor can prove you knew this. Charges must be reduced to at least simple assault (a felony in Texas) or dismissed entirely.

For example, if you are involved in an incident and an off-duty officer is injured. Often the penalties can be reduced from assaulting a public servant to charges for assaulting the subject. A label. Therefore, it is important to discuss the incident thoroughly with your defense attorney. You cannot be convicted of assaulting a public servant in Texas unless you knew the public servant was a public servant.

There are still some other ways to contest these charges, even when there are witnesses for the prosecution. If someone fears for their safety or that of a family member, they are acting in self-defense. This strategy is considered a strong defense.

In an affirmative defense, you admit the attack but offer reasonable excuses. In this case, A reasonable excuse is that the police officer is trying to protect you from a similar offense. A police officer must not harass you without reason. We have recently seen examples of police misconduct when citizens are seriously injured.

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