Defense of Charge: Third Degree Felony- Assault of a Public Servant
Case Result: Dismissed
My client was charged with the class the Third-Degree felony of Assault of a Public Servant. Specifically, my client was arrested for Public Intoxication and, while being processed, was accused of punching an officer.
Under Texas law, a Third-Degree felony is punishable by 2 to 10 years of prison in the Texas Department of Criminal Justice and a fine of up to $10,000.
Pursuant to Texas Penal Code § 22.01(b)(1), a person commits the criminal offense of assault on a public servant if the person intentionally, knowingly, or recklessly causes bodily injury to a public servant and the person knows the other person is a public servant 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.
On the night in question, my client was intoxicated at a bar and was arrested for Public Intoxication. My client was also on probation for driving while intoxicated, which complicated matters. Officers were called to the scene and, after interviewing my client, arrested him for Public Intoxication. My client was placed in handcuffs and taken to jail in Pasadena. While he was being processed in Pasadena, officers claimed that my client assaulted the officer by punching him in the face and being combative while they were trying to process my client.
In my experience, facts can vary from what is stated in an offense report. It is important to hire an attorney who reviews all the evidence in a case, including body cameras, dash cameras, witness statements, etc.
My client adamantly denied the officer’s version of events. I conducted a thorough investigation of the evidence and viewed the camera recordings taken from inside the jail. Cameras revealed a completely different story than the story that officers stated in the offense report. In fact, the videos showed my client being led down a hallway and being violently pushed against a wall. My client was taken by complete surprise and turned around in self-defense. Then, while my client was standing in the corner with his hands behind his back, officers shot my client with a taser gun. My client collapsed and hit his head on the ground because of the taser shot. My client suffered head injuries and was taken to a local hospital.
While in court, I brought my arguments to the prosecutor and explained my client did not assault anyone. Indeed, it was the officers who were the aggressors and instigators. At first, the prosecutor did not agree with my argument and argued that my client was fighting back and not cooperating with the officer’s commands.
After hours of arguing with prosecutors in court and fighting for my client, the state dismissed the case, citing insufficient evidence of the Defendant’s guilt.
If you are charged with a crime, such as a second-degree felony, it is important that you hire an experienced criminal defense attorney who has successfully handled criminal cases involving all types of charges. My client was relieved that the felony case was dismissed and he could get his life back on track. If you have been charged or think that you may be charged with a felony offense in Texas, contact our criminal defense law office to schedule an attorney consultation.
