LEGAL DEFENSE WHEN CHARGED WITH ASSAULT OF A POLICE OFFICER

Protecting You and Your Rights – Call (346) 249-5544

Assault against anyone in the State of Texas is a serious criminal charge that requires the legal advice of a knowledgeable criminal defense lawyer. However, assault against a police officer is considered an enhanced assault in the Lone Star State. Texas prosecutors go after defendants of assault of a police officer cases hard and the potential penalties for a conviction of the criminal offense will leave a permanent blemish on a background report.

Attorney Adam Capetillo understands the gravity of a assault of police officer charge. The team of criminal defense attorneys at Capetillo Law Firm work closely with clients to come up with the right criminal defense for each unique case. If you face the serious and possibly life altering charge called assault of a police officer, you should act with a sense of urgency by scheduling a free initial consultation with one of the criminal defense lawyers at Capetillo Law firm.

How Prosecutors Prove Assault of a Police Officer Cases

Prosecutors must prove beyond a reasonable doubt several elements to have a Guilty verdict returned by a jury. First, the prosecution must prove the assault caused bodily injury to another. Proof of injuries varies from case to case. The assault must have been committed against a police officer who was performing law enforcement responsibilities at the time of the assault. In addition, prosecutors must prove beyond a reasonable doubt that the defendant knew, or had reason to know, the victim was a police officer.

Penalties for the Assault of a Police Officer

Prosecutors will seek the stiffest penalty allowed by Texas law when litigating an assault of a police officer case. A conviction on this charge is a third degree felony conviction. Here is how the statute reads in the Texas Penal Code: “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.” A third degree felony may result in a jail sentence of between 2 and 10 years and a fine not to exceed $10,000.

Possible Defenses for a Assault of a Police Officer Charge

Do juries handle assault cases of a police officer differently than they handle assault cases against other people? The answer is juries should treat every assault case the same by applying the “Beyond a reasonable doubt” litmus test for guilt as mandated by Texas criminal law. “Beyond a reasonable doubt” is a powerful legal tool to have for the Sugar Land, TX criminal defense lawyers at Capetillo Law Firm.

Self-Defense

Self-defense is an effective defense to use in criminal law cases that involve the use of violence. However, a defense lawyer must prove a police officer attacked his or her client first. Another way to argue self-defense is to assert a client felt threatened by a police officer. Self-defense works only when the force used to repel an attack by a police officer is proportionate to the force applied by the police officer.

Constitutional Violations

Assault against a police officer will trigger strong emotions from other law enforcement officers at the scene of the alleged crime. In reaction to an alleged assault, one or more police officers might shirk their duty to uphold the United States Constitution. One of the ways we poke holes in criminal defense case involves is by showing how police officers did not read our clients their constitutionally granted Miranda Rights after a Client was arrested. Miranda rights include the right to an attorney and the right not to incriminate yourself.

Turn to Adam Capetillo for Defending Assault Against a Police Officer Charges

If you face the assault of a police officer charge, you can be sure that the prosecution will come to the legal fight armed with a strong case against you. This means you need to consult with an experienced Sugar Land, TX criminal defense attorney like Adam Capetillo. Schedule a free initial consultation with Adam Capetillo by calling our office at (346) 249-5544.