Aggravated Assault of a police officer is a serious criminal charge in Texas, carrying severe penalties. Aggravated assault is an enhancement of the basic assault charge. An assault becomes “aggravated” if it involves:

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1. Serious bodily injury to another person, or

2. The use or exhibition of a deadly weapon during the commission of the assault.

 

When the victim is a police officer or public servant, the offense becomes significantly more serious. To convict someone of aggravated assault of a police officer, the prosecution must prove:

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1. Intentional, Knowing, or Reckless Conduct: The defendant must have acted intentionally, knowingly, or recklessly in causing bodily injury.

2. Serious Bodily Injury or Deadly Weapon: The injury must be serious, or the assault must involve using a deadly weapon or threatening an officer with a deadly weapon.

3. Victim’s Status as a Police Officer: The victim must be a police officer or public servant.

4. Official Duty: The officer must be performing an official duty at the time of the assault.

5. Knowledge of Victim’s Status: The defendant knew or should have known that the victim was a police officer performing an official duty.

Penalties

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Several defenses may be available to someone charged with aggravated assault of a police officer in Texas. These include:

• Imprisonment:  5 to 99 years or life in prison.

• Fines: Up to $10,000.

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Potential Defenses

Several defenses may be available to someone charged with aggravated assault of a police officer in Texas. These include:

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1. Lack of Intent: The defense may argue that the defendant did not act intentionally, knowingly, or recklessly.

2. Self-Defense: If the defendant believed they were in imminent danger of harm, they might claim self-defense. This is particularly pertinent if there is evidence that the police officer used excessive force.

3. Defense of Others: Similar to self-defense, this applies if the defendant was protecting another person from imminent harm.

4. Mistaken Identity: The defense might argue that the defendant was not the person who committed the assault.

5. Lack of Knowledge: The defendant may claim they did not know the victim was a police officer, particularly if the officer was not in uniform and did not identify themselves. This defense often occurs when offices force their way into a home to serve a warrant.

6. Unlawful Arrest: If the arrest was unlawful or the officer was not performing an official duty, this could be a defense against the charge.

Hire an Experienced Criminal Lawyer

If you have been arrested for Aggravated Assault of a police officer hire an experience criminal lawyer as soon as possible. An experienced criminal lawyer can investigate your defenses and protect your rights.