When charged with assault, you must prepare yourself for a very serious and intense trial. Depending on the context of the crime, the consequences of a potential conviction could be very severe. These circumstances change with the assault is committed on an officer. This may cause the prosecution to seek out a heavier sentence or more expensive fines. If you have been charged with this offense, do not hesitate to get in contact with a dedicated assault attorney. A lawyer may be able to provide you more information on the Denton assault on an officer penalties.
Seriousness of Penalties
Denton assault on an officer penalties could be very serious depending on the context of the situation. If an officer is arresting an individual for a DUI and the person being arrested swings at the police officer, that could be considered to be an assault on a police officer. If the person makes contact in their attempt to hit the officer, that could be considered a third-degree felony.
If an individual goes after an officer with a knife, a baseball bat, a gun, or anything else of that nature, that could potentially be classified as assault with a deadly weapon. That charge could be considered a first-degree felony. Pushing an officer down and hitting them, causing serious bodily injuries, as a result, could also be considered to be a first-degree felony.
Proving a Case
When proving assault on a law enforcement officer, an attorney may have to prove that the person charged known or should have reasonably known that they were assaulting a public servant. An attorney must also prove whether or not an assault took place, however, in order for this particular charge to stick, the prosecution bears the burden to prove whether or not the defendant knew exactly who they were assaulting.
Impact of Police Body Cameras
Police body cameras are not common in Denton, however, the city of Denton was just recently given a new grant to provide body cameras to officers. This could help in many ways in terms of gathering evidence and showing the true context of the crime.
At the same time, it is a double-edged sword. If an individual is trying to say that they never swung at an officer, but that body camera footage clearly shows that they were attacking an officer, that could be evidence that the prosecutor may use to convict that person. The Denton assault on an officer penalties could be heightened or lessened depending on what the footage shows.
Special Circumstances in Denton Assault on an Officer Cases
Assault on an officer cases could be heard differently depending on the notoriety of the officer. For example, it could be argued that given the notoriety of the individual assaulted, the jury could be bias and sympathetic towards that individual. This could be considered an unfair advantage for the prosecution. There have been some instances in which the jury was swapped for a jury from another city/county. The trial will be tried by the same defense attorneys and prosecutors, the only difference may be the setting of the court and the jury.
In other cases, a person accused of attacking a prosecutor who was on, or potentially could have been on, the case could receive special treatment from the DA’s office. This means that the DA’s office may have to hire a special prosecutor to handle the case, a prosecutor who has no ties to the law office that may have been in charge of the case. This is done to eliminate any potential biases that may have arisen from the assault of the original prosecutor. Denton assault on an officer penalties are not affected in this scenario. Speak with a capable assault on an officer lawyer to learn more.