Defense For The Assault of a Houston Police Officer

Man getting arrested after assaulting a police officer.

In Texas, assault of a public servant is a serious offense. Being accused of assaulting a police officer can lead to a felony charge, jail time, fines, and a permanent criminal record. In the Houston area, assault of a peace officer charges are very common, but the right attorney can help you maximize your chances of avoiding jail time and protecting your record.

Attorney Jose Ceja is a former prosecutor who regularly defends assault of a peace officer charges throughout the Houston area. If you are charged with assault of a peace officer, call Ceja Law Firm today for a free consultation. 

How are assault of a police officer cases charged?

A person can be charged with assault of a police officer for committing an assault against a peace officer who was discharging an official duty. An assault against a peace officer involves intentionally, knowingly, or recklessly causing bodily injury to a person the defendant knows is a peace officer. It is not required that the police officer is actually injured or hospitalized to support a charge of assault of a peace officer. “Bodily injury” is defined to include physical pain, illness, or any impairment of physical condition. 

Assault of a police officer is a second-degree felony, punishable by 2-20 years in the Texas Department of Criminal Justice and a $10,000 fine. If you are convicted of assault of a peace officer, it is possible to be placed on probation. It is also possible that a prosecutor could agree to “reduce” the charge to misdemeanor assault or another less serious charge. 

How are assault of a police officer cases defended?

To defend an assault of a peace officer charge, your attorney must conduct his own investigation, which begins with obtaining the evidence in the case. Under Texas law, prosecutors have an obligation to turn over all evidence that is relevant to the case including offense reports, witness statements, 911 recordings, videos and photographs. Additionally, if there is evidence that was not collected by law enforcement but could be helpful – such as surveillance video – your attorney can and should subpoena the video and obtain it. 

Once the evidence has been received, your criminal defense attorney will be able to evaluate the case and formulate the best defense. Of course, the best defense in an assault of a police officer case will depend on the specific facts of the incident. In some cases, the assault that the officer claims will not be supported by the evidence (some officers exaggerate or fabricate claims that they were assaulted). In other cases, a person will have a right to use self-defense against a police officer. 

The goal of an assault of a police officer case is to avoid jail time and protect your record. However, if your case is not dismissed (and only the prosecutor can dismiss a criminal case in most cases), then you will usually have to choose between a trial or a plea agreement. It is impossible for any criminal defense lawyer to predict how your case will be resolved, but hiring a skilled, experienced attorney will usually lead to a better result.

Can you use self-defense against a police officer? 

Texas law recognizes a limited right to use self-defense against a police officer under Texas Penal Code 9.31. In relevant part, that statute says that a person is not permitted to use force to resist an arrest or search, even if the search is unlawful, unless the police officer uses greater force than necessary to make the arrest or search before the person uses self-defense. In this limited instance, a person is authorized to use force when and to the degree the person reasonably believes the force is immediately necessary to protect himself against the officer’s use of greater force than necessary. Most often a self-defense claim is raised in a trial in a criminal case, although it can also be used in a grand jury packet.

What if the police officer was off duty?

As noted above, the assault of a police officer statute requires that the peace officer is assaulted while discharging a public duty. Texas cases make clear that as long as the officer was employed in some type of police work at the time he is assaulted, it does not matter if he was off duty.  

What is the statute of limitations for assault of a peace officer?

The statute of limitations for assault of a peace officer in Texas is three years. This means that the District Attorney’s Office has three years from the date of the incident to file the charge. 

How can you keep an assault of a police officer charge off of your record? 

The best way to keep a charge of assault of a peace officer off of your record is by obtaining an expunction of the charge. However, in most cases, to qualify for an expunction of a criminal case, your case must be dismissed or you must be found “not guilty” at trial. If you accept any kind of probation, jail sentence or “time-served” you would not be eligible to obtain an expunction of the case. 

If you are sentenced to deferred adjudication probation and successfully complete your probation, it is also possible to get a charge of assault of a peace officer “sealed” (also known as a non-disclosure) after the waiting period. To be eligible for a non-disclosure of an assault of a peace officer case, you must successfully complete a deferred adjudication probation – a regular probation or jail sentence of any kind would not entitle you to have you records sealed.

Contact Ceja Law Firm PLLC Today

If you are charged with assault of a peace officer in Houston and would like to learn more, call Ceja Law Firm to set up a consultation. Our staff and attorneys are fluent in Spanish.