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  1. #1
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    Dec 2018
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    Default Assault of a Peace Officer in Texas

    My question involves criminal law for the state of: Texas

    My sister came over one night because she was fighting with her husband and wanted to get away for a while. She is bipolar and on multiple medications. She asked if she could have some of my wine and I said okay, but before I noticed how much she was drinking she already finished the whole bottle. The reaction to her medication was severe and she went nuts, attacked me, and tried to destroy my home. I would fight her to the ground and she kept coming after me, so I called 911. As soon as the police arrived she attacked one of the officers.

    I don't know what exactly happened to the officer because they were in my front yard and I was inside talking with another officer. But she was charged with an Assault of a peace officer, which is a felony in Texas. Since it is her first offence and she is bipolar on medication, will she get a reduced charge or sentence? What will likely happen to her?

    They also charged her with Assault of a family member with bodily injury for what she did to me. Will one charge influence the other? They took pictures of my injuries and I saw the officers outside taking pictures of the injured officer.

  2. #2
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    Sep 2010
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    19,901

    Default Re: Texas - Assault of a Peace Officer

    These charges are nothing to sneeze at. She very much needs an attorney.

    Generally, you've got to be fairly seriously mentally ill before assualt charges are forgiven. Even the DV charge alone is very serious. I don't know what you mean by "influence" each other. The elements of each charge must be met (it looks like they are). Certainly, the incidents are related so the fact that mutlple assaults occurred to different people is likely to come up.

  3. #3
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    Default Re: Texas - Assault of a Peace Officer

    The only thing you can really do to help her at this point is to make sure she has a lawyer.

  4. #4
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    Jul 2018
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    Default Re: Texas - Assault of a Peace Officer

    Quote Quoting Bella1234
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    What will likely happen to her?
    She's likely to go to jail or prison. No one is going to offer her anything simply because it's her first offense or because she's bipolar and on meds. She's the one who chose to get shit-faced and attack you and a cop.

    She needs a criminal defense attorney to advise her and maybe try to negotiate some sort of plea bargain.

  5. #5
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    Sep 2010
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    Default Re: Texas - Assault of a Peace Officer

    If the "assault on the peace officer" was mearly struggling against arrest, she might get it dismissed (this is often a tacked on charge that's hard to prosecute), however since she appear to have caused physical injury to the officer (based on your post), she needs to be very concerned.

  6. #6
    Join Date
    Nov 2015
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    Default Re: Texas - Assault of a Peace Officer

    Being bipolar is no free ride. It doesn't make one incompetent, in the legal sense. That said....if your sister is suffers from type I BPD AND has gone off of her meds for awhile than that could explain the behavior. Being drunk and belligerent isn't an excuse, though. Otherwise just think how many people would skate from countless charges of violence in the home.

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