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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Question Aggravated Assault Against a Public Servant in Texas

    I have been charged with Aggravated Assault Against a Public Servant. i really need some help with this situation the plea bargain they offered me was 6 months and a misdemeanor or 3 years in prison.. i am very scared and upset please take a look at my situation i have typed below below and any assistance will be greatly appreciated.


    I went to the gun range with friends to shoot our guns. I placed the Handgun under a compartment in my truck and went to work.. I worked at a Club bartending... after work i drove home it was about 3:30 in the morning.. i was driving through my apartment complex and i admit i was driving a little fast. there is a sharp turn at a point in the apartment complex as i was going around the turn a truck was coming the other way.. we were both in the center of the road so we both swerved to opposite sides to avoid hitting each other little did i know this was an off duty police officer. i continued to my parking spot in front of my apartment the officer turned around but i did not see him or know he did. i gather my things inside my truck including my gun got out of my truck and started walking into my apartment as i got to the rear of my truck i noticed his truck sitting on the side of the curb to the far left of me. I just kept walking gun in right hand cell phone and keys in left i keep the gun below my waist. i walked across the street about 18 yards from him.. he is now behind me sitting in his truck still. i heard drop the gun mother ****er. so i did... i never lifted my gun once.. he got out of his truck and i saw he was in uniform. he told me to get on the ground so i did.. he didn't realize he left his truck in drive. it hit a fence and a pole as he was handcuffing me. when it crashed he started hitting me with the butt of his gun and saying things like "you little f***er u made me **** my truck" .. now i am handcuffed he hit me 2 times with his gun and pressed his gun on the back of my head behind my ear and said I'm going to blow your f***ing head off. my cousin was in my apt and walked out at this time.. he asked what was going on the off duty police officer said "he point a F***ing gun at me and made me wreck my truck" i said i never pointed my gun at you.. he said yes you did. then the cops showed up that he called.. i told him in front of the other police officers that if i pointed my gun at him he would of shot me. plus he was behind me so i would of had to turn around to point it at him.. i never raised my gun. he then stated "well it looked like you were about to point your gun at me"... but they are still charging me with aggravated assault against a public servant. his story says i pointed at him.. the other story from the cop that arrested me says that the off duty officer said "it looked like i was about to point my gun at him".. i never knew he was a cop really he never told me he was i just figured because of the uniform.

    i am very scared and do not know what to do i have been to court and had my court date reset twice.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Aggravated Assault Against a Public Servant in Texas

    If it is documented that "the other story from the cop that arrested me says that the off duty officer said 'it looked like i was about to point my gun at him'", you have a decent defense. I urge you to hire a criminal defense lawyer to help you with this.

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Aggravated Assault Against a Public Servant in Texas

    yes i have one now but i am scared of the consequences if i do fight it and loose.. because if the plea bargain is 6 months and a misdemeanor plus some probation or 3 years and its gone.. that sounds pretty ruff.. they will probably give me 10 years or something insane like that if a jury for some reason doesn't believe me. Every person that i see in court/jail etc. says "i didn't do it" so why would they believe me when i really didn't raise my weapon or even look at the guy until he told me to throw my gun down and i did. In your opinion what would you do? I'm just extremely scared. Thank you so much for taking the time to read this it really means a lot to me.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Aggravated Assault Against a Public Servant in Texas

    Unfortunately, this isn't really a situation where I can tell you what to do. It's something you need to decide for yourself, in consultation with your attorney.

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