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Taking, or attempting to take a police officer’s weapon is a felony offense in Texas. It is classified under Chapter 38, obstructing governmental procedure.

In the following article, we’ll go over the definitions and the penalties associated with taking a police officer’s weapon.

Austin Lawyer for Taking a Peace Officer’s Firearm

If you are charged with taking a peace officer’s weapon, then you may face a felony conviction. In a case like this, you need a strong defense attorney.

If you have been arrested it is recommended that you contact an experienced Austin obstruction attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas.

Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome.

Contact Kevin Bennett today at (512) 476-4626  to schedule a free consultation about your obstruction charges in Travis County.

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Texas Penal Code 38.14 makes it a criminal offense to take or attempt to take a weapon from an officer.

The law defines a set of officials who this section applies to and what constitutes a weapon. The following officials are defined under this section:

  • Peace officer
  • Federal special investigator
  • Employee or official of a correctional facility
  • Parole officer
  • Community supervision and corrections department officer
  • Commissioned security officer

“Weapon” includes firearms and stun gun. If the defendant successfully took the weapon the charge is considered a third-degree felony, the defendant instead attempted to take the weapon but was unsuccessful, it is a state jail felony.

Knowledge is a Requirement

In order to be held charged for the above crime, the person must have known that the person was an officer. The person is presumed to have known that the officer was in fact an officer if:

  • The officer was wearing a distinctive uniform or badge
  • The officer identified himself or herself as an officer

Penalties for Taking a Peace Officer’s Weapon

Taking, or attempting to take, a police officer’s firearm, is punishable under the following categories:
Third-Degree Felony: Third-degree felonies are punishable by 2-20 years in prison and/or a $10,000 fine.
State Jail Felony: State Jail Felonies are punishable by 1 to 10 years in prison and/or a $10,000 fine.

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Defenses for Taking a Peace Officer’s Weapon

Common defenses for taking an officer’s weapon rely on either proving that the peace officer was not readily identifiable as an officer or used excessive force.

  • Identification: If the officer was not readily identifiable as an officer, or did not identify themselves as an officer, then it is an affirmative defense to argue that the defendant had reason to believe that the defendant’s life or another’s was in danger.
  • Excessive Force: If the officer, including a peace officer, is using force in excess of what is required, then your lawyer may use this fact as a defense.

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Hire an Attorney for Taking a Peace Officer’s Weapon in Austin, Texas

To fight these charges, you need a strong defense attorney like the lawyers at The Law Office of Kevin Bennet.

Kevin Bennett serves clients in Austin, Lago Vista, Rollingwood, Sunset Valley, West Lake Hills, Travis County, Lakeway, and Pflugerville.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation about the charges against you. Your initial consultation is free, and it is the first step in fighting to protect your reputation and freedom.

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