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assult on cop turns to PUBLIC INTOXICATION

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pmiller26

Junior Member
What is the name of your state? Texas



To make the long story short........my friend was trying to prevent his wife from fighting with another lady when 2 men came up to him. He then pushed one of them. They started to argue and then went outside. Now I was about 30-40 feet away while all this was going on. Naturally I figured they were going to kick his tail so I took half of my pool stick and went out to help him. Right when I started to take a swing at them...my buddie started to yell at me, telling me they were cops. Now the 2 cops were off duty bowling w/their wifes......my friend pushed one of them before they said they were cops....which they admitted to. Uniformed officers showed up within seconds and immediately cuffed me and threw me in the car and told me that I was going down for assult on an officer, eventhough I never hit him--my buddie pushed him before they identified themselves.......After spending the next 18 hrs in jail, we finally got to see a judge who then read us our rights and gave us a "get out of jail free card"----thats when we were told we were there for public intox. WE WERE NOT DRUNK! what can we do?
 


BelizeBreeze

Senior Member
pmiller26 said:
What is the name of your state? Texas



To make the long story short........my friend was trying to prevent his wife from fighting with another lady when 2 men came up to him. He then pushed one of them. They started to argue and then went outside. Now I was about 30-40 feet away while all this was going on. Naturally I figured they were going to kick his tail so I took half of my pool stick and went out to help him. Right when I started to take a swing at them...my buddie started to yell at me, telling me they were cops. Now the 2 cops were off duty bowling w/their wifes......my friend pushed one of them before they said they were cops....which they admitted to. Uniformed officers showed up within seconds and immediately cuffed me and threw me in the car and told me that I was going down for assult on an officer, eventhough I never hit him--my buddie pushed him before they identified themselves.......After spending the next 18 hrs in jail, we finally got to see a judge who then read us our rights and gave us a "get out of jail free card"----thats when we were told we were there for public intox. WE WERE NOT DRUNK! what can we do?
You COULD argue for your right to be charged with assaulting a police officer. You followed the altercation with a weapon and intended to use it evidenced by your swinging it at the officers, whether or not they identified themselves is irrelevant.

At a minimum, assault. So, how are you feeling now? A little red in the face?
 

JETX

Senior Member
pmiller26 said:
Uniformed officers showed up within seconds and immediately cuffed me and threw me in the car and told me that I was going down for assult on an officer, eventhough I never hit him
You don't have to make contact to be charged with assault.

In Texas (as most other states), assault is simply the THREAT of causing harm.
From the Texas Penal Code:
§ 22.01. 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.


You're damn lucky that they haven't charged you with this VERY serious crime.... and better hope/pray that they don't.... because it is clear from your post, that you would be guilty.
 

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