Q: I need to press charges on a male sheriff who assaulted me a female. What is the process?
I am being charged with attempted assault on a peace officer, however I am the one who was handcuffed and assaulted. I was knocked unconscious and sustained multiple injuries.
A: A person is only allowed to fight back in self-defense against an ILLEGAL use of force. It is legal for a peace officer to use force if he reasonably believes it is immediately necessary to make an arrest or to prevent escape. See section 9.51 of the Texas Penal Code. The officer will probably say that he believed the force was immediately necessary because that gets him off the hook. That said, the officer was probably also wearing a BodyCam, so your attorney will watch the video recording and look for signs of unnecessary force.
A: Retain a lawyer and get the body cam. After you get body cam attorney can assist you in attempting to file charges and going to internal affairs
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