[petertexas123]

My friend is charged with aggravated assault against a police officer in Texas. 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

[aaron]

The Texas Penal Code provides:

(a) A person commits an offense if the person commits assault as defined in § 22.01 and the person:

(1) causes serious bodily injury to another, including the person's spouse; or

(2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the offense is committed:

(1) by a public servant acting under color of the servant's office or employment;

(2) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(3) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

(4) against a person the actor knows is a security officer while the officer is performing a duty as a security officer.

(c) The actor is presumed to have known the person ssaulted
was a public servant or a security officer if the person was wearing
a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(d) In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

The charge probably does indicate if the prosecution is proceeding on a "deadly weapon" theory (and there is Texas case law indicating that a jury can find fists to be a "deadly weapon") or a "serious injury" theory.