Agg Assault Texas Penal Code - Have you been accused of assaulting a government 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 violent crime attorney. Being charged with assault in a Texas criminal court is scary enough, but when the allegations involve an officer, there's even more at stake.
Assaulting a government employee in Texas is a third degree felony even if there was no physical contact! There are many scenarios where a police officer, security guard or firefighter could be accidentally injured. Additionally, some of the allegations of assaulting a government official never involved injury or actual physical contact. In some cases, law enforcement can twist a simple patrol or defensive lock to protect themselves, and you can be falsely accused of assaulting a government official.
Agg Assault Texas Penal Code
That's why you need a strong team of criminal defense lawyers by your side. An experienced and aggressive criminal defense attorney for an assault charge against a government official is your best hope for a mitigation of the charges or their dismissal altogether.
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The Texas Criminal Code addresses specific circumstances and suggests that a defendant must know that the alleged victim was an officer if he was wearing an easily identifiable uniform or badge.
The Texas Criminal Code also lists specific individuals who may be considered officers: paramedics, paramedics, law enforcement and police officers, security guards, firefighters, and ambulance personnel.
However, there is one very general generalization about how Texas defines EMS personnel at the end of the section that is of particular concern. The law states that the emergency response workforce includes people who serve in all of the above positions.
"And other people who, as part of their professional or voluntary work, provide services for the benefit of the population in emergencies."
Texas Penal Code § 28.03
This broad generalization in the Texas Criminal Code makes it difficult for some prosecutors to object to the simple assault charge being charged against an officer's assault when the alleged victim is not in fact a public employee.
While allegations of assault against a public official are serious, in many cases the alleged attacker had little control over the circumstances leading up to the charges. Here are some scenarios that illustrate these circumstances:
As you can see, each of these incidents is clearly different, but any of them can lead to you being charged with a crime.
Texas law defines aggravated assault on a government official when a law enforcement officer, rescue worker, or emergency medical responder is assaulted with a deadly weapon or sustains serious bodily harm. If any of the above hypothetical situations involve the use of a deadly weapon, charges will escalate and penalties could be much more severe.
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In these cases, deadly weapons can include knives, pistols, explosives, and even a shod leg. If you have been accused of assaulting a government official using a weapon, consult a criminal defense attorney who is familiar with aggravated assault charges. You need as much head start as possible to protect you from allegations of assault against a government official.
In Texas, the mere assault of a government official is considered a third-degree felony, and the penalty you face if found guilty is a penalty. The possible sentence for a guilty verdict is up to 10 years plus an additional 10 years of probation and a fine of up to $10,000. Keep in mind that the maximum penalty is 25 years of being banned from possessing a firearm, 20 years of not voting, and listing violent crime charges in job applications for life. Such a result breaking the rules for the first time is unacceptable. This increases the value of hiring a criminal defense law firm that has a proven track record of defending the citizens of Fort Worth and nearby cities in Tarrant County, Texas against allegations of assaulting a government official.
Yes. It is extremely important to understand that in order to be found guilty of assaulting a government official, you only need to show threat of physical harm, physical contact is not required. How is that possible? If a police officer or other government official alleges that your actions caused them fear of imminent serious injury or death, you may be charged with assaulting a government official.
In the event that a weapon is involved in the attack, the offense escalates to "aggravating circumstances" and the penalty becomes even more severe. If charges escalate to aggravated assault on a government official, you face a first-degree felony. If found guilty, you could face a life sentence; In Texas, if a government employee dies, you face the death penalty if found guilty. That's why you need an experienced prosecutor.
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One of the key differences between being charged with aggravated assault and assaulting a government official is that the alleged attacker must have known that the alleged victim was a government employee at the time of the incident. If the prosecutor can't show that you knew about it, the charges should at least be reduced to simple assault (a misdemeanor in Texas) or dropped altogether.
For example, if you are involved in an altercation and the officer on duty is injured, the charges can often be reduced from assaulting a government official to simply assaulting him if the officer on duty was not in uniform or dressed. Symbol. Therefore, it is important to carefully discuss the incident with your criminal defense attorney; You cannot be convicted of assaulting a Texas government official if you did not know the person was a government employee.
There are several other ways to dispute these claims, even if there are witnesses to the dispute. Someone who fears for their safety or the safety of a family member may claim to have acted in self-defense; This strategy is considered a positive defense.
With a positive defense, you acknowledge the attack but give good reasons. In this situation, the good reason was that you were trying to protect yourself from a similar attack made against you by a police officer. A police officer must not attack and hurt you without reason. Recently we have seen examples of such police misconduct where civilians have been seriously injured or killed as a result of police misconduct. You have the right to defend yourself against unlawful attacks by the police.
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Someone who was drugged against their will suffered a head injury that made it impossible for them to logically understand that the person was a government employee or evidence that the act was unintentional can also be used as a defense. Your defense attorney will discuss all the options with you.
Let's assume for a moment that if you attack a public official, you have a possible defense. What should your criminal defense attorney do at the beginning of the case? The best Texas personal injury attorneys know that the quickest way to dismiss a civil assault case is to review state 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 brought before a grand jury. The Texas Constitution requires that crimes be brought before grand juries to ensure cases are properly tried, to protect the rights of the accused, and to ensure cases with little evidence do not enter the criminal justice system.
A Texas grand jury has three choices when considering a merit-based assault case against an officer: (1) confirm the case, confirm the felony charge, and refer it to the District Criminal Court; (2) Reduce the charge to a lesser degree of assault and bring it before a misdemeanor court; or (3) absence of a bill in the case - equivalent to dismissal of the charges or dismissal. Unfortunately, many criminal defense attorneys do not take the opportunity to present evidence before a grand jury. If your criminal defense attorney fails to present evidence to the grand jury, the grand jury is left with the prosecutor's version of events, which usually results in a felony case being indicted and referred to the district court for major criminal cases.
Simple Assault Vs. Aggravated Assault In Texas
It is imperative that you hire an experienced and aggressive criminal defense attorney who is familiar with grand jury proceedings and is willing and able to present evidence to give you the best opportunity to have your charges reduced to a lesser charge or not. nominated by the grand jury.
The first decision you must make after being charged with assaulting a police officer, emergency responder, or other public employee in Tarrant County is who to hire to protect you.
If you are accused of assaulting a government official, call the Hampton Law Firm at 817-826-9905 immediately. Jeff Hampton and his team of former prosecutors
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