Assault On Peace Officer Texas - Court Finds Breaking the Peace a Violent Crime Under Texas Law Rick Davis & Associates April 15, 2019
Prior convictions can adversely affect subsequent criminal convictions. For example, if a person was previously convicted of a violent crime and is convicted of another crime, they may face increased sentences due to their previous convictions. A federal appeals court recently strengthened its ruling in a case that began in Texas, analyzing whether assaults on security personnel constitute violent crimes. If you have been charged with assault or related crimes, it is in your best interest to consult an experienced Texas criminal defense attorney as soon as possible to discuss the case.
Assault On Peace Officer Texas
The defendant, who entered the country illegally, reportedly served five months in prison on multiple charges. During his prison term, he reportedly went mad after asking for a toothbrush and kicking a prison officer in the genitals. He was charged with assaulting a peace officer and pleaded guilty. He was sentenced to his three years in prison and then deported. After he re-entered the country, he was charged and convicted of illegal re-entry.
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The increased sentence was reportedly recommended in part because of his previous assault conviction, which the court classified as an assault charge. objected to its classification as a crime. Specifically, defendant argued that under Texas law, assault could be committed recklessly and did not require force as an element.His appeal was dismissed, and he appealed, stating that he was sentenced to 38 months in prison.
In determining whether the defendant's previous convictions were violent crimes, the court took a categorical approach. In other words, the court focused on the statutory elements of the defense rather than the facts surrounding the defendant's conduct. or simply states the various ways in which a single crime can be committed. The Texas Sentencing Guidelines define violent crimes as crimes that require the use of force or that involve the risk of the use of force against a person.
Here, the court held that the defendant's previous convictions constituted a violent crime under both definitions. The defendant was convicted of assaulting a peace officer under the Texas Penal Code. According to the law, a person must intentionally, intentionally or negligently inflict bodily harm on a public official while the official is performing his duties or in retaliation for the performance of the official. Accordingly, the court determined that the charge of assaulting a security force member required evidence of the willful or reckless use of force that could cause distress, both of which fall within the definition of violent crime. Defendant's judgment was therefore upheld.
If you live in Texas and have been charged with assault or related crimes, consult an experienced Texas criminal defense attorney to build your defense. Rick Davis is a highly qualified criminal defense attorney in Texas who is passionate about helping you protect your rights. Mr. Davis can be contacted at 979-779-4357 or online through his form to schedule a consultation. Watch Live: Basketball Fort Bend Marshall HS vs. Fulshear HS live on KPRC 2+ Fort Bend Marshall Buffs vs. Fulshear Chargers Live High School Basketball Action on KPRC 2+
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Former Texas security officer accused of sexually assaulting woman who invited her to go 'ghost hunting' with her
Authorities announced this week that a man had been charged with sexually assaulting women he lured into a ghost hunt.
Multi-County Crime Stoppers in Montgomery, Liberty and San Jacinto Counties said in a news release that a joint investigation prompted by several women who came forward led them to David Lynn Turner, 46, of Houston. .
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According to officials, he targeted several of his victims through various social media platforms and dating apps, and under the guise of "ghosting him," he targeted women in remote areas in and around Jacinto County. and sexually assaulted them in various ways. , according to a press release citing officials.
According to his press release, Turner was a former Texas peace officer for Harris County from 2012 until he was 2015.
He was arrested on May 4, 2021, charged with two counts of sexual assault and is currently in San Jacinto County Jail on $500,000 bail. The San Jacinto County Sheriff's Office and the Montgomery County Sheriff's Office conducted an investigation.
Officials said the incident began around December 2018 in the southeastern Texas region, with potential victims in Beaumont, Galveston, Katy, The Woodlands, Cold Spring and Livingston, Texas.
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Detectives in San Jacinto and Montgomery counties are continuing their investigations and are requesting that the possible victims be made public.
Anyone with information is encouraged to contact detectives at either the San Jacinto County Sheriff's Office at (936) 653-4367 or the Montgomery County Sheriff's Office at (936) 760-5800. . If you prefer complete anonymity, you can also call Multi-County Crime Stoppers at 1-800-392-STOP (7867).
Amanda Cochran is an Edward R. Murrow Award-winning journalist. She specializes in Texas features, consumer news, business news, and local crime coverage. Across Texas, hundreds of police officers have permanently waived their peace officer licenses over the past four years. A review of her 297 of these surrenders found that nearly all officers had been charged or accused of a crime. Most of the time it's a felony. And in nearly every case, officers used their licenses as a bargaining chip by agreeing to give them up as part of a deal to avoid jail or prison.
Alexis Alpha's front tooth was shattered when he was arrested by San Marcos police officer James Palermo in 2013. (Alexis Alpha)
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With her bloodied face and front tooth cracked in half, Alexis Alfa was placed in the back of a San Marcos police cruiser, where she was left for 45 minutes without any treatment.
Alpha's encounter with law enforcement began with a lecture from 13-year law enforcement veteran James Palermo. James Palermo is a San Marcos police officer twice her size. Palermo has already parked its sedan in the central parking lot of the bar. Dashcam video shows Alpha, a Texas State University student, walking between police cars and cars.
Alfa started an argument with Palermo. She was walking towards her car and she said she had done nothing wrong. The video shows Palermo reaching for Alpha's left hand. he pulls back a little. Palermo grabs her by the shoulders and neck and forces her into a sedan that rocks back and forth.
Palermo later explained, under questioning by his own department, that he was only trying to "educate" Alfa about the "dangers" of walking around the site, but the video showed that Palermo was following the same Alfa path. It shows that he didn't say anything to his 13 others who were walking to safety. When the agency took a closer look at the history of cases and arrests in Palermo, it found a pattern of resisting arrest charges and that some suspects were injured during arrests.
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Alpha was charged with public intoxication, resisting her arrest, obstruction of justice, and a felony. Court records show that prosecutors dropped all charges within a week of Alpha's arrest.
Hayes County charged Palermo with assault by a public official, and she accused Alf of smashing his face into the pavement. A first-degree felony could carry a maximum penalty of 99 years in prison, but Palermo was never tried or sentenced to one day in prison.
San Marco police officer James Palermo has been investigated and charged with a felony after assaulting Alexis Alpha during his arrest. (Hayes County District Attorney's Office)
Brian Erskine, then Hayes County District Attorney, offered Palermo a plea bargain. No jail time, a stay of sentence, 10 years of probation, and a permanent relinquishment of his law enforcement officer's license, a permanent ban from working in Texas.
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"The bargaining chip is a big piece," Erskine said of the peace officer license. "They say you can't be that person anymore. You're no longer an authority figure in a position to hurt someone like that again."
In Texas, except in limited circumstances, officers are not eligible without being convicted of a felony or certain misdemeanors.
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