Committing an assault on a police officer or other public servant is a very serious offense in Texas, and should not be taken lightly. In Texas, it is illegal to intentionally, knowingly, or recklessly cause bodily injury to another. An individual who commits the aforementioned, without a legitimate excuse or justification, will likely be found guilty of an assault.
However, under §22.01(b)(1) of the Texas Penal Code, it is a felony of the third degree to commit an assault on a police officer who is performing their official duties.
It is critical that any individual charged with assaulting an officer retain a competent Midland assault on an officer lawyer to represent their interests as well as protect their rights. If you have been charged with assaulting an officer, do not hesitate to contact a zealous criminal defense attorney to discuss your case.
Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. These penalties can increase depending on the nature and circumstances surrounding the incident.
The most common defense a Midland assault on an officer lawyer raises in assault cases involving officers is that of self-defense. This defense can be successful if the officer used excessive force when arresting the alleged criminal. It is a very hard defense to prove without sufficient evidence, however. If raising the defense of self-defense, the alleged assailant must have reasonably believed that their life was in danger or that they would have suffered severe bodily danger without the use of force against the officer. The force must be reasonable in comparison to the force being used by the officer.
Other Ramifications of Conviction
Being convicted of a felony offense results in a permanent record. This conviction will show up on background checks for future potential employers. Landlords will have access to these records too. In addition, an individual’s reputation in the community may tarnish if word gets out that they have been convicted of a felony. The long-term ramifications should not be overlooked. By being proactive and getting in touch with a Midland assault on an officer lawyer, an individual can take steps to mitigate the impact of these charges.
Contact an Attorney
There are many procedural nuances involved in criminal law and there are different evidentiary standards that must be adhered to. It can be very easy to get lost in all of the legal jargon. If you have been charged with assaulting an officer, contact a Midland assault on an officer lawyer. It is important to begin mounting a proper defense as soon as possible. Police officers tend to be given a lot of deference in court, which is why it is important to conduct a thorough investigation regarding the incident. An experienced criminal defense attorney will know how to properly navigate the legal process and help ensure that a defendant is afforded proper due process of law.