aggravated assault texas sentence

Aggravated Assault Texas Sentence - Has a public servant been charged with assault in Tarrant County, Fort Worth, or anywhere else in North Texas? If the answer is yes, then you should hire an experienced and aggressive criminal defense attorney. Being charged with assault in Texas criminal court is dangerous enough, but when the charge involves a public official, the stakes are even higher.

In Texas, assault on a public servant is a third degree felony, even if there is no physical contact! There are many scenarios in which a police officer, security guard or firefighter can be accidentally injured. In addition, some allegations of assault on a public servant never involved injury or physical contact. In some cases, a simple wait or defensive block to protect yourself can be overturned by law enforcement and you can be charged with assaulting a public servant.

Aggravated Assault Texas Sentence

That's why you need a strong criminal defense team on your side. An experienced and aggressive criminal defense attorney for assault on a public servant is your best hope to get the charges reduced or dismissed altogether.

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The Texas Penal Code elaborates on the specific circumstances in which defendants must know that the victim is a public employee if they are wearing an easily identifiable uniform or badge.

The Texas Penal Code further lists those who may be considered public employees: EMTs, paramedics, law enforcement and police, security guards, firefighters, and emergency personnel.

However, at the end of the chapter there is a very broad generalization of how Texas defines emergency personnel. By law, emergency personnel include people who work in all of the positions listed above

"And any other person who, in the course of employment or as a volunteer, provides services for the benefit of the general public during emergencies."

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This broad generalization in the Texas Penal Code makes it difficult for some prosecutors to pursue simple assault charges for assaulting a public servant when the victim is not, in fact, a public servant.

Although a charge of assault against a public official is serious, many times the aggressor had little control over the circumstances that led to the charge. Here are a few scenarios that illustrate these conditions:

As you can see, each of these incidents is different, but each can result in criminal charges against you.

Under Texas law, aggravated assault on a public official occurs when a member of law enforcement, emergency personnel, or emergency medical personnel is wounded or injured by a deadly weapon. If one of the above hypothetical situations involves the use of a deadly weapon, the charges will increase and the penalties may be much more severe.

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In these cases, the deadly weapon can include a knife, a gun, explosives, and even a leg. If you are accused of assaulting a public servant and a weapon was involved, contact a criminal defense attorney familiar with serious crimes. They will need as many attacks as possible to protect you from being attacked by a government official.

In Texas, simple assault on a public servant is a third-degree felony, and if convicted, you can be sentenced to death. A convicted felon faces up to 10 years in prison, an additional 10 years of probation and a fine of up to $10,000. Note that the maximum penalty is a 25-year firearms ban, 20 years of ineligibility to vote, and listing a felony on job applications. Such a result is unacceptable for a first-time offender. It rewards the hiring of a criminal defense firm with a proven track record of defending citizens of Fort Worth and surrounding cities in Tarrant County, Texas against allegations of public officials.

Yes. It's important to understand that to be charged with assault on a public servant, only proof of bodily harm is required, not physical contact. How is that possible? If a police officer or other public official says that your actions put them in danger of bodily injury or death, you may be charged with assault on a public official.

If a different weapon is involved in the attack, the offense is compounded and the punishment more severe. If the charges involve aggravated assault on a public servant, you're looking at a first-degree felony. If convicted, you could be sentenced to life in prison; If a public official loses his life, the state of Texas can face the death penalty if convicted. That's why you need an experienced assault attorney.

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One of the most important differences between simple assault and assault on a public official is that the aggressor must know that the victim was a public official at the time of the incident. If the prosecutor can't prove you knew it, the charge should be reduced to simple assault (a Texas felony) or dismissed altogether.

For example, if you are involved in a fight and an on-duty police officer is injured, the charge can often be reduced from assault on a public servant to simple assault if the on-duty police officer is out of uniform or wearing a uniform. Badge. Therefore, it is important to thoroughly review the incident with your criminal defense attorney; In Texas, you cannot be charged with assaulting a public servant unless you know that the person is a public servant.

There are several other ways to dispute these allegations, even if there are witnesses to the battle. A person who fears for their safety or the safety of a family member can claim to have acted in self-defense; This strategy is considered a positive defense.

In a persuasive defense, you acknowledge the attack but offer valid reasons. In this case, the main reason is that you were trying to protect yourself from a similar attack by a police officer. A police officer is not prohibited from harassing or harassing you without reason. In recent times we have seen examples of police misconduct where civilians have been seriously injured or killed due to illegal police actions. You have the right to defend yourself against unlawful police attacks.

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A person who is drugged against their will has a head injury that prevents them from knowing logically that they are a public servant, or can be used to defend that the act is also involuntary. Your criminal defense attorney will discuss all of your options with you.

Let's assume for a moment that you have a defense in an assault on a public servant. What should your criminal defense attorney do early in the process? The best assault attorneys in Texas know that the fastest way to prosecute a public official is to review the state's evidence and prepare an evidence package to present to a grand jury.

Under the Texas Penal Code, all crimes in the state of Texas must be presented to a grand jury. The Texas Constitution requires a grand jury to be presented to a grand jury to protect the rights of the accused and to ensure that cases with little evidence do not end up in the criminal justice system.

A Texas grand jury has three options when hearing a capital offense of assault on a public servant: 2) reduce the charge to misdemeanor and send it to trial; or (3) the bill is equivalent to a dismissal or dismissal of the charges. Unfortunately, many criminal defense attorneys do not take advantage of the opportunity to present evidence to a grand jury. If your criminal defense attorney does not present evidence to the grand jury, the grand jury will be left with the prosecutor's version of events, which usually results in the criminal case being sent to the district court.

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It is important to hire an experienced and aggressive criminal defense attorney who is familiar with grand jury proceedings and is prepared to present evidence to give you the best chance for a lesser charge in your criminal case. Indicted by a grand jury.

The first decision you should make if you are charged with assaulting a police officer, emergency responder, or other public official in Tarrant County is who to hire to defend you.

If you are facing an assault on a public servant, call The Hampton Law Firm now at 817-826-9905. Jeff Hampton and his team of former prosecutors

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