My signifant other was recently arrested for assault of an office but I see that the charge listed now is interferring in the duties of a public Servant. He is bipolar and off his meds. We were at a gas station and a police officer pulled into the parking lot and he became aggitated and charged at the officer. The officer pushed him back and when he lunged at him the officer had him down on the ground. I was there to immediatly tell the officers that he was bipolar and manic and off his meds.
What is the charge and will he have to serve any time. The officers on the scene were adament that he would go to jail for assaulting the officer.
Criminal Defense Attorney
Interferring with the duties of a public servant: (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law. (b) An offense under this section is a Class B misdemeanor. NOTE that a class B misdemeanor carries up to 6 months in jail, with the possibility of probation.
Assault: (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against (1) 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;
Thus an assault on a public servant carries up to 10 years in prison.
If he is eligible, he might receive deferred adjudication probation.
He definitely needs a lawyer.
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Criminal Defense Attorney
He needs to hire a lawyer right away. He has been charged with a class B misdemeanor that is punishable by up to 6 months in jail, with the possibility of probation.
His mental status at the time of the alleged offense needs to be looked into as well by his lawyer.
Car / Auto Accident Lawyer
Based on what you have written, your significant other needs the assistance of a local law firm to ensure that his rights and interests are fully protected. The aspect of his medical/psychological conditions needs to be looked into, as it may be an important part of whether or not the state can prove the elements of the offense.
Interferring with Public Duties is located at Texas Penal Code 38.15. The aspect of the allegation being against a peace officer requires certain items. This offense appears to be charged as a Class B Misdemeanor and therefore would have a maximum punishment of confinement not to exceed 180 day in county jail and an optional $2,000.00 fine.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.