aggravated assault against police officer

[peterhenry]

What is the name of your state? texas

My friend is charged with aggravated assault against a police officer. According to the definition of aggravated assault, either serious injury or deadly weapon needs to be used for this crime. And even for simple assault, bodily injury is required. However, from the police report, the cop only mentioned during the arrest, his face got hit by my friend and cause pain.
Therefore, can they charge my friend with the crime which doesn't match what has been reported in police report ? If not, will they reduce this charge or dismiss it ?

Thanks,

Peter

 

[CdwJava]

What specific statute has he been charged with? Section 22.02? If 22.02 it woul dbe a 2nd degree felony.

It could be that "pain" qualifies as "serious bodily injury" under TX law. However, even under the lesser offense of 22.01 (simple assault), it is a 3rd degree felony to assault a peace officer.

Either way he faces felony charges ... the difference simply being between 2nd and 3rd degree.

- Carl

 

[peterhenry]

This is his first offense, and there is no indictment for a long time, several years. Will he need to serve any jail time ?

Thanks,

Peter

 

[CdwJava]

This is his first offense, and there is no indictment for a long time, several years. Will he need to serve any jail time ?

Probably. But, I don't have sufficient familiarity with TX law to guess with certainty. But they do take assaults on peace officers rather seriously, so I would expect some jail time.

- Carl