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  1. #1
    Join Date
    May 2011
    Posts
    1

    Angry Assault on a Peace Servant

    My question involves criminal law for the state of: Texas.

    My brother recently attending an event where he was attacked by a group of boys much larger than himself. While defending himself against his attackers, he was attacked from behind by a police officer servicing the event of over 800 attendees. Still defending himself, the police officer was hit in the crossfire. The officer arrested my brother for assault on a peace servant, and he was taken to the county jail. He was beaten repeatedly by the police officer, while only stating that he did not intentionally hit him. The officer had absolutely no injuries, and there were no cameras at the event. No pictures or evidence was taken. After trying to help my brother, I too was assaulted by a fellow officer who refused to give me his name nor badge number. After being placed in county, my brother saw a judge who set his bond at 25,000. Mind you, my brother has absolutely no criminal record, has never been arrested nor to jail, and has absolutely no warrants. I have evidence that shows my brother was beaten repeatedly, as well as statements by attendees stating my brother did not commit the crime he has been charged with. What will happen most likely in court?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Assault on a Peace Servant

    So... your brother was in a melee, the police attempted to intervene, your brother hit an officer (although he's claiming that he didn't know it was an officer until after he landed the punch), and you decided it would be a good idea to involve yourself in the attempt to arrest your brother and are complaining that officers held you back? Bad judgment.

    We don't know how the fight between your brother and the other boys started or why, it would seem, he was the only one arrested. The facts are very important to any analysis of his situation. He should retain a lawyer and work with his lawyer.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Assault on a Peace Servant

    If I itend to hit A and hit B by mistake, the law refers to that as "transferred intent".

    88, I am unclear whether the brother hit the officer mistakenly, as described, or hit him by sight, just not knowing he was a police officer?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Assault on a Peace Servant

    I think the idea is that the brother was in a brawl, the officer grabbed him from behind to pull him out of the melee, and he slugged the officer before he realized who was pulling him out of the fight.

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