Clashes between citizens and law enforcement can quickly escalate. Do you need to know what the penalty is for assaulting a cop? In Texas, assaulting a police officer is treated as an aggravated offense, carrying hefty fines and prison time. As a criminal defense attorney in the Lone Star State, we’ve seen how this charge can derail lives if proper legal help isn’t retained.
Whether the alleged assault was intentional or the result of a misunderstanding, the penalties can be severe. Let’s explore the nuances of Texas’ assault on a public servant laws, the potential punishments, and strategies for mounting an effective legal defense. Our firm has over 30 years of legal experience in helping clients understand their rights and the gravity of these charges.
If you or a loved one have been accused of assaulting a Texas police officer, read on to learn about the potential penalties and how an experienced Dallas criminal defense lawyer can fight to minimize the damage. The stakes are high, but there are ways to protect your future.
Overview of How Assaulting a Police Officer Is Weighed in Texas
A qualified Dallas aggravated assault lawyer is needed for these types of cases because the charge is weighed so heavily, leading to severe legal consequences. This charge falls under Section 22.02 of the Texas Penal Code, which defines “aggravated assault” against a “public servant.”
In the state of Texas, “public servants” include law enforcement officers, firefighters, emergency medical personnel, and other officials carrying out their lawful duties. Assaulting any of these individuals, in this case, a Texas police officer, is treated as a heightened assault case.
What Penalties Are Given to Offenders Who Assault Texas Police Officers?
Prosecutors will aggressively seek the harshest penalties allowed by Texas law when managing an assault of a cop case. Make no mistake – a conviction on this charge is an extremely serious matter.
According to the Texas Penal Code, assaulting “a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant” is typically charged as a third-degree felony.
This means you could be facing between two and ten years in jail, along with a fine of up to $10,000. Prosecutors will undoubtedly pull out all the stops to secure this conviction and maximum sentence.
What Are Some Potential Defense Strategies to Use in a Texas Police Officer Assault Case?
The stakes are extremely high when it comes to assaulting a police officer. Now that you have a brief understanding of the potential consequences, mounting a robust legal defense is critical for protecting your rights and future. Our Texas defense attorneys can advise you of a strong defense approach, including the following:
Lack of Intent
The prosecution must prove you intentionally, knowingly, or recklessly caused bodily injury to the officer. We can argue the contact was accidental or unintentional.
Self-Defense
Texas law allows the use of force, even against a police officer, if you reasonably believed it was necessary to protect yourself from unlawful force. We will work to demonstrate your actions were justified self-defense.
Unlawful Arrest or Detention
If the initial encounter between you and the officer was an unlawful arrest or detention not supported by probable cause, any subsequent use of force by you may be justified as lawful self-defense. We would need to demonstrate the officer violated your Fourth Amendment rights.
Mistaken Identity
If our defense attorneys can show you did not realize the person you allegedly assaulted was a police officer, it may be possible to downgrade the charges based on this “mistake of fact” defense.
Excessive Force by Officer
Evidence that the police officer used an unreasonable or excessive amount of force could negate the assault charges against you. Our legal team thoroughly investigates and presents this type of exculpatory proof.
Can a Defense Attorney Reduce Penalties in an Assault on a Police Officer Case?
Our skilled assault lawyers in Dallas can potentially identify avenues to challenge the charges or mitigate the penalties you may face from assaulting a cop in Texas. We may be able to argue that the contact was unintentional or use other types of defenses to present facts and evidence that will positively impact your case, such as:
- Witness Testimony: Eyewitness accounts and other evidence contradicting the prosecution’s narrative can be crucial. We leave no stone unturned in building the most compelling defense on your behalf.
- Video/Photographic Evidence: Any surveillance footage, body cam recordings, or photographic evidence that shows the incident unfolding in a way that is inconsistent with the prosecution’s claims. Visual proof can be incredibly compelling.
- Medical Records: Your medical records demonstrating a lack of injuries consistent with the alleged assault, or records showing the officer’s use of force resulted in disproportionate harm. This can undermine the severity of the charges.
- Expert Testimony: Testimony from use-of-force experts, forensic analysts, or other professionals who can provide an objective, technical analysis of the incident and the appropriateness of the officer’s actions. Their expertise lends credibility to our case.
- Character Witnesses: Testimony from your family, friends, co-workers, or other community members attesting to their peaceful nature and lack of history of violence. This paints you in a more favorable light.
- Police Disciplinary History: Evidence of prior complaints, investigations, or disciplinary actions against the involved officer could suggest a pattern of misconduct and undermine their credibility as a witness.
Even if we can’t get the charges dismissed entirely, as experienced Dallas assault lawyers, we may be able to negotiate alternative sentencing options like probation, community service, or a deferred adjudication that avoids jail time. Contact us today to discuss your case and legal options.
