College Station Assault on an Officer Lawyer

Assault is a serious criminal offense that can result in jail time and heavy fines. The potential penalties are worse for cases involving police officers.

If you were accused of assaulting a law enforcement official, you should consult with a College Station assault on an officer lawyer. Meet with The Greening Law Group today to speak with one of our seasoned assault attorneys.

What is Considered Assault?

Many people believe that assault only involves making physical contact or resisting arrest with physical force. However, these charges can come from encounters with no physical altercation. According to Texas Penal Code Annotated § 22.01, a person commits assault if they:

• Intentionally, knowingly, or recklessly cause bodily injury to another person
• Intentionally or knowingly threaten another person with imminent bodily injury
• Intentionally or knowingly instigate physical contact that you would reasonably expect another person to find offensive

In addition, verbal threats can be considered assault if a person claims they genuinely feared for their safety or life. A judge or jury at trial will determine whether that fear was warranted based on the defendant’s actions.

Aggravated Assault

Under Tex. Penal Code Ann. § 22.02, assault charges are aggravated when the offender caused serious bodily injury or used or threatened to use a deadly weapon. A College Station lawyer could examine your case to determine the degree of assault on an officer you are being accused of.

Assaulting an Officer Enhances the Crime

Under state law, assault is generally considered a class A misdemeanor —however, Tex. Penal Code Ann. § 22.01 stipulates that the crime is a first-degree felony if the offense is committed against or in retaliation to a public servant lawfully performing their official duties.

Police officers can be considered public servants and peace officers under Tex. Penal Code Ann. § 1.07 and Texas Code Criminal Procedure § 2.12, respectively. If an assault is against a peace officer, the crime is considered a second-degree offense. Aggravated assault is generally a second-degree felony offense but is upgraded to a first-degree felony if the offender:

• Used a deadly weapon and caused serious bodily injury in a domestic incident
• Used a deadly weapon and caused a traumatic brain or spinal injury that paralyzed the victim
• Committed aggravated assault against a public servant legally performing their duties

Under Tex. Penal Code Ann. § 12.33, second-degree felony convictions can result in two to 20 years imprisonment and fines up to $10,000. Additionally, Tex. Penal Code Ann. § 12.32 states that first-degree felony convictions can lead to five to 99 years imprisonment, or life, and an up to $10,000 fine.

When an Attack on an Officer is a Hate Crime

After House Bill 2908 in 2017, the state amended the penal code to allow courts to classify specific attacks on police officers as hate crimes under Tex. Code Crim. Proc. § 42.014. This can lead a judge to find that a defendant intentionally selected an officer as a target for assault based on bias or prejudice due to the victim’s status as a peace officer.

The rule allows the sentencing judge to punish the defendant by requiring that they attend an educational program designed to teach tolerance and acceptance of others. A College Station lawyer could represent you in court and help disprove accusations of assault or hate crimes against an officer.

Talk to an Assault on an Officer Attorney in College Station Today

If you were charged with assault or aggravated assault against a police officer, the potential consequences are more severe compared to standard assault cases. A conviction could have a long-lasting negative impact. It could leave you with a criminal record that limits your ability to find future employment or housing opportunities.

Hiring a College Station assault on an officer lawyer could give you a better chance to defeat these charges successfully. Contact a reliable criminal defense attorney with The Greening Law Group today to help preserve your legal rights.