Assault is committed when a person intentionally puts another in fear of having serious bodily injury inflicted upon them. When a public servant such as a police officer in Lubbock in uniform or even if the police officer is working undercover, if a person retaliates against the officer while trying to perform their duty, that would be considered aggravated assault on an officer in Lubbock and would warrant charges.
Assault on an officer is one of the most serious assault charges in Lubbock. When an officer is working to protect the people of Texas while making an arrest or trying to apprehend someone and in the process is injured, that type of situation is not easily tolerated in Lubbock. Citizens in Texas and those sitting as jurors on such a case, take situations like this very seriously and stiff and severe penalties and sentences are usually the result. Therefore, If you are facing assault on an officer charges in Lubbock, it is essential to contact an assault lawyer as soon as possible to begin building a solid defense for your charges. a Lubbock assault on an officer lawyer can assist both in building a strong defense and ensuring your rights are protected throughout the legal process.
How APO Charges Arise
There have been numerous assault on an officer cases in Lubbock where an officer tries to arrest a person, they try to resist and in the process, the officer is hurt. There have also been situations where someone is shoplifting, for example, and an off-duty police officer is working security and as the alleged shoplifter tries to flee, the security officer tackles them and in the process is injured. In each of these cases, the charge would warrant contact with an assault on an officer lawyer in Lubbock as an experienced lawyer could put together a defense strategy and ensure that the individual’s rights were not taken advantage of.
Who is Considered “An Officer”
An officer has been charged with protecting the public and as such is considered part of a protected class. The law is designed to protect public servants and in Lubbock, the law makes it a higher punishment in order to deter individuals from assaulting those people who are defined as public servants.
People typically think of police officers when thinking of public servants but there are actually several other occupations that also fall under that category such as doctors, nurses, EMS workers, and firefighters. These are people who work in occupations to protect and serve the community and as such, society typically respects these roles and the part they play and therefore, a crime on these classes of people is usually considered a high crime with severe penalties.
An assault on an officer in Lubbock can be filed as a second-degree felony.When dealing with crimes against public servants, the police typically put a tremendous amount of pressure on the prosecutor. When dealing with charges involving an assault on regular citizens, it is often easier to work out a favorable deal that all parties can agree upon. However, when public servants are involved, it can be much more difficult to resolve the matter in a favorable way for the accused, making a Lubbock assault on an officer attorney’s help essential when facing these charges.
A prosecutor will need to prove their case on an assault on an officer and they are going to need to prove the act or intention of the assault. They will need to prove that the person is actually a public servant. They have to prove that that officer was working in the scope of their employment. It could not just be, for instance, a bar room fighting and the cop is at the bar drinking in civilian clothes and they are not on duty. That would not be an assault on a police officer.
More and more body cameras are being seen in these cases, and can give a good picture as to what was happening. Before the cameras were used, a lot of times it was simply the officer’s word used in cases and most juries were inclined to give the benefit of the doubt to the officer, so cameras have been helpful. Lawyers, prosecutors, and juries can actually see what is happening and maybe that does not always align with what the police officer has said. If the camera includes audio, then they can actually hear the conversations in when it happened and maybe some of the history that happened as well.
Building a Defense
One of the defenses a Lubbock assault on an officer lawyer can raise could be, if there was excessive force by the officers, a defense claiming the officer did not have to go that far – which is different than self-defense – and that the officer is actually the one that started the incident. Mitigating factors include how the officer treats the client, if the officer antagonizes, or is antagonistic towards the client as the officer expedited or moved up the issue and created tension. Other mitigating factors are the age and the criminal history of the person accused, if this was a one-time incident, or if the person has a prior criminal history.