Penal Code For Assault - Have you been accused of assaulting a public servant in Tarrant County, Fort Worth, or anywhere in North Texas? If the answer is yes, you should hire an experienced and aggressive criminal defense attorney. Facing an assault charge in Texas criminal court is daunting enough, but the risk is even greater when the charges involve a public servant.
In Texas, assaulting a public servant is a third degree felony even if physical contact does not occur! There are many situations where a police officer, security guard, or firefighter can be accidentally injured. Additionally, some allegations of assault by a public servant do not actually involve injury or actual physical contact. In some cases, a simple graze or defensive block to protect yourself may be misrepresented to law enforcement and you may be falsely accused of assaulting a public servant.
Penal Code For Assault
That's why you need a strong criminal legal defense team on your side. An experienced and aggressive criminal defense attorney is your best hope of getting the charges against the public servant reduced or dismissed altogether.
Pdf) An Introduction To The Model Penal Code Of The American Law Institute
The Texas Penal Code clarifies certain cases by assuming that the accused knew that the alleged victim was a public servant if they were wearing a recognizable uniform or insignia.
The Texas Penal Code further lists specific people who can be considered public servants: EMTs, paramedics, law enforcement and police, security guards, firefighters, and EMS workers.
However, at the end of the section there is a broad summary of how Texas defines emergency service personnel, which is of particular concern. The law states that emergency service personnel include people who work in all the positions mentioned above.
"and others who provide services for the benefit of the general public in the course of work and in emergencies or as volunteers."
Criminal Law Common Law/ Model Penal Code Comparisons
This broad generalization of the Texas Penal Code makes it very difficult for some prosecutors to resist filing simple assault charges against a public servant when the alleged victim is not, in fact, a public servant.
Although charges of assault against a public servant are serious, in many cases the alleged assailant had little or no control over the circumstances leading to the charges. Some scenarios that present these situations include:
As you can see, each of these incidents is obviously different, but each can result in criminal charges being filed against you.
According to Texas Law, aggravated 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 serious bodily injury. If any of the above hypothetical situations involve the use of a deadly weapon, the charges will be increased and the penalties will be more severe.
Charges Against Fil Ams' Parking Lot Attacker Upgraded To Felony Assault
In these cases, deadly weapons can include knives, guns, explosives, and even feet. If you have been charged with assaulting a public servant and a weapon was involved, contact a criminal defense attorney familiar with serious assault cases. They need as much work as possible to protect you against the onslaught of public servant charges.
In Texas, simple assault on a public servant is considered a third degree felony, and if convicted, the penalty you will face is imprisonment. A conviction carries a possible prison sentence of up to 10 years, plus 10 years of probation and a fine of up to $10,000. Please note that the maximum penalty is 25 years and a 20 year firearms ban. not vote and must list a violent felony conviction on job applications for life. Such a result is unacceptable for a first time offender. This places a premium on hiring a criminal defense law firm with a proven track record of defending the citizens of Fort Worth and surrounding cities in Tarrant County, Texas against public servant assault.
Yes. It is important to understand that to be charged with assault on a public servant, you only need to prove a threat of bodily harm, no physical contact. How is this possible? If a police officer or other public servant says your actions put them in imminent fear of serious bodily harm or death, you can be charged with assault on a public servant. .
If any kind of weapon is involved in the attack, the crime is "aggravated" and the punishment is more severe. If the charges are upgraded to aggravated assault of a public servant, you are looking at a first degree felony. If convicted, you face life in prison; If a public servant dies, you could face the death penalty in Texas if convicted. That's why you need an experienced civil attorney.
Title 3: Article 148 152: Criminal Law Ii Review Notes
One of the most significant differences between simple assault cases and assault on a public servant is that the alleged killer knew that the alleged victim was a public servant at the time of the incident. If the prosecutor can't prove you knew this, then the charges should at least be reduced to simple assault (a felony in Texas) or dismissed altogether.
For example, if you are involved in an altercation and an off-duty police officer is injured, often the charges can be reduced from assault on a public servant to simple assault charges if the off -duty police don't wear uniforms or clothes. . badge. Therefore, it is important to discuss the case thoroughly with your criminal lawyer; You cannot be convicted of assaulting a public servant in Texas if you did not know the person was a public servant.
Even if there are witnesses to the dispute, there are many other ways to dispute these charges. Someone who fears for their safety or that of their family members may claim to be acting in self-defense; this strategy is considered a positive defense.
In an affirmative defense, you admit the attack but give valid reasons. In this case, the logical reason is that you are trying to protect yourself from the same attack by a police officer. A police officer is not allowed to attack or harass you without reason. We have recently seen examples of this illegal police behavior where citizens have been seriously injured or killed due to illegal police actions. You have the right to defend yourself against unlawful police attacks.
Hospital Reads Riot Act To Patients
A person who took drugs against his will, suffered a head injury and could not reasonably understand that this person was a public servant or testified that the act was unintentional can also be used as a defense. Your criminal defense attorney will discuss all possible options with you.
Let's assume for a moment that you have a possible defense in your attack on the job of a civil servant. What should your criminal attorney do to begin the process? The best Texas assault lawyers know that the easiest way to get a civil servant fired is to review the state's evidence and prepare an evidence package to present to a grand jury.
According to Texas criminal law, every crime in the state of Texas must be presented to a grand jury. The Texas Constitution requires that criminal cases be presented to a grand jury to ensure that cases are adequately investigated to protect the rights of the accused and that cases with little evidence are removed to avoid entering the system. in criminal justice.
A Texas grand jury has three options when considering the merits of a crime against a public servant: (1) Count the case properly and prove the criminal charge and assign it in the criminal district court; (2) Reduce the charge to a lesser offense and file it in criminal court; or (3) No Bill – equivalent to an acquittal or dismissal of the charges. Unfortunately, many criminal defense attorneys do not have the opportunity to present evidence to a grand jury. If your criminal defense attorney is unable to present evidence to a grand jury, the grand jury will be left with the prosecutor's version of events, which often results in a mistrial and mistrial in the criminal district court. .
California Penal Code
It is important that you 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 give you the best opportunity to reduce your criminal case to a more lower cases or not. tallied by the grand jury.
After being charged with assault by a police officer, emergency responder or other public servant in Tarrant County, the first decision you must make is who to hire to defend you.
If you are facing an assault on a public servant charge, call the Hampton Law Firm today at 817-826-9905. Jeff Hampton and a team of former prosecutors
Second degree assault washington state, 2nd degree assault sentence, 2nd degree aggravated assault, 2nd degree assault mn, 2nd degree assault, 2nd degree assault definition, 3rd degree assault washington state, 4th degree assault washington state, 2nd degree felony assault, 4th degree assault washington, what is assault 2nd degree, 2nd degree assault charges
