In Texas, an assault is defined as intentionally, knowingly, or recklessly causing bodily injury or threatening another person. Typically, an attack is a class A misdemeanor charge, but under the right circumstances, it can become a worse offense.
Assaulting an Officer
In Texas, assaulting an officer (as opposed to a regular citizen) will increase potential penalties for the accused. However, charges only increase when assaulting an officer under specific circumstances.
Texas law states that an assault is a third-degree felony when the alleged assaulter attacks or threatens, “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.”
Therefore, assaulting an off-duty police officer will not result in a third-degree felony charge unless the assault stems from personal retaliation. However, assaulting an on-duty officer will almost always result in third-degree felony charges.
Potential Penalties for Assaulting an Officer
As stated in Texas law, a third-degree felony conviction could result in no less than 2 years of imprisonment but not more than 10 years. Additionally, the accused may be punished by a fine of not more than $10,000.
Need Help Fighting Criminal Charges?
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