Q: Prosecutor saying he going to indict for second degree assault public servant.Is this a second degree felony?
Have been told that law has changed on assault public servant in Texas.Also body cam shows person kicking but don't show actually officer being kicked in jaw as he claims.Is it a weak case to take in front of jury trial for prosecutor?
A:
Assaut on a public servant is a 3rd degree felony (2-10 yrs TDCJ) unless theres an allegation of serious bodily injury, use or exhibition of a weapon (then it jumps up to a 1st degree felony, 5-99yrs TDCJ).
These types of cases are prosecuted zealously. Make sure you have a lawyer you trust...
Good luck.
John Cucci Jr. agrees with this answer
A: Mr. LeGrande is right! The DA tries to prosecute hard on any case where a public servant has been struck or injured. What's more is that no lawyer can tell you how good or bad your case is until they have all the evidence and discovery to review. There are many things to consider before you go to trial.
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