Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and the Yahoo Answers website is now in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

What are common pleas deals for assault on public servant in Texas?

I'm dating a girl who is currently facing a FELONY charge of assault on public servant with bodily injury. It's a case of a good person doing something very stupid.

Trying to make this as succinct as possible. She had too much to drink on a girls night out and caused a scene at her apartment complex at 2 AM and someone next door called 911. A zealous female police responded to the call. The lady officer is claiming that when she showed up that my girl became upset and charged up to the officer and started fighting her. A witness has made a sworn statement that my girl never charged her but just was very upset and intoxicated but never a threat other than just yelling and cursing at the police to mind her own business. Yes, she was drunk and stupid but the witness said that she was leaving the scene when the officer ran up and pushed her into a wall and knocked to the ground when my girl had her back turned to walk back to her apartment to sleep it off. She was arrested and booked on assault to public servant with bodily injury, a 3rd degree felony in Texas.

She is quiet, sweet person who clearly had too much to drink and made a scene but now faces very serious consequences. She had no priors, works and goes to school part time and overall a good citizen. There was obviously a scuffle but feel like the officer escalated it just as the girl was about to go home anyways. I'm worried that since she is indigent and has a public defender that she will be railroaded and that she might be doing time with a 3rd degree felony charge (2 years in jail AT LEAST).

Has someone been charged with this? If so, did you take a plea bargain to avoid a trial and if so, then what the lesser charge? I understand that she needs to talk to her defense lawyer but just want to see what has happened to other people in this situation.

Update:

Thanks for your answer, Jefe.

The officer reported having scrapes and bruise from defending her from being attacked according to the police report. However, the girl already has one strongly worded statement from a neighbor who said he said "in no way" did she ever attack the officer other than alot of yelling and cussing. It sounds like the female cop wanted to just get back at her running her mouth as drunk people tend to do.

2 Answers

Relevance
  • 7 years ago
    Favorite Answer

    Many outcomes are possible here. If her lawyer is an idiot and the prosecution is vindictive, they'll push for a felony conviction and lengthy probation. Jail time is unlikely for a first offense, unless they make up some BS about the cop being injured (essentially, scratched or bruised).

    If the attorney is on the ball, he'll use the testimony of the eyewitness to leverage this down to something more appropriate, such as Disorderly Conduct.

  • 7 years ago

    I had an old bf who got into a fight with a cop and charged with a similar crime. However, after a year, it finally went to trial and the police officer had already left the force under shady circumstances. The DA dropped the charges. So maybe she'll get lucky like that. A felony charge takes a while to work its way through the system, especially in the bigger cities.

Still have questions? Get your answers by asking now.