Texas Penal Code 38.14 – Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
WHAT IS TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS?
Texas law prohibits taking or attempting to take a weapon from certain persons related to or involved in law enforcement who are permitted to carry guns, tasers, nightsticks, and pepper spray while performing their duties.
WHAT IS THE TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER LAW IN TEXAS?
Tex. Penal Code § 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.
(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer’s, investigator’s, employee’s, or official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device.
(c) The actor is presumed to have known that the peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer was a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer if:
(1) the officer, investigator, employee, or official was wearing a distinctive uniform or badge indicating his employment; or
(2) the officer, investigator, employee, or official identified himself as a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer.
(d) It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer who was using force against the defendant or another in excess of the amount of force permitted by law.
(e) An offense under this section is:
(1) a felony of the third degree, if the defendant took a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection; and
(2) a state jail felony, if the defendant attempted to take a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection.
WHAT IS THE PENALTY CLASS FOR TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS?
Taking a weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer is a third degree felony, punishable by two to ten years in prison.
Attempting to take a weapon is a state jail felony, punishable by 180 days to two years in a state jail facility.
WHAT IS THE PUNISHMENT RANGE FOR TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS?
The punishment range for taking a weapon from an officer, investigator, employee, or official, a third degree felony, is between two and ten years in prison, and a maximum fine of $10,000.
Attempting to take a weapon, a state jail felony, carries between 180 days and two years in a state jail facility, and up to a $10,000 fine.
WHAT ARE THE PENALTIES FOR TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS?
A person charged with taking or attempting to take a weapon from an officer, investigator, employee, or official may be eligible for probation after a conviction, or deferred adjudication without a conviction.
The term of community supervision for a third degree felony may not exceed ten years. Community supervision for a state jail felony ranges from two to five years, with the possibility of extending supervision for up to ten years.
WHAT ARE THE DEFENSES TO TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION OFFICER AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS?
The statute authorizes a person accused of taking or attempting to take a weapon from a peace officer, investigator, or other officer or official to assert in his or her defense that the officer, investigator, employee, or official was using unlawful excessive force.
- Can a person take a weapon from police to prevent the officer from using it in Texas? The Texas justification defense of necessity is available to a person who admits to taking or attempting to take a weapon, but proves he reasonably believed it was immediately necessary to avoid imminent harm, a jury may find the conduct was justified as a necessity. A person is justified in taking or attempting to take an officer’s or investigator’s weapon if the officer is using unlawful excessive force. However, if law enforcement’s actions are legal, a person may not claim self-defense or that taking the weapon was necessary.In Soria v. State, a suspect in an assault fought police when they tried to detain him. During the struggle, he grabbed an officer’s taser out of the officer’s hand. At trial, he argued he was only trying to prevent the officer from using the taser on him. But he was convicted, and it was affirmed on appeal. The officer was permitted to use the taser, because the defendant refused to submit to the lawful detention.
WHAT IS THE STATUTE OF LIMITATIONS FOR TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS?
The limitation period for taking or attempting to take a weapon from an officer, investigator, employee, or official, whether charged as a third degree or state jail felony, is three years.
TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER IN TEXAS
Forcibly disarming certain persons related to or involved in law enforcement is a felony in Texas. Taking or attempting to take a weapon most often occurs when a suspect is resisting arrest, and grabs an officer’s or security guard’s gun or taser holster during the struggle. Law enforcement is permitted to use reasonable force to detain or arrest a suspect in most circumstances.
TEXAS TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER COURT CASES
The case law regarding taking or attempting to take a weapon from a peace officer, federal investigator, correctional facility employee or official, parole officer, probation officer, security guard, or corrections officer in Texas shows that most voluntary acts will satisfy the “force” element.
- In Chadwick v. State, defendant convicted of attempting to take a weapon from a peace officer argued on appeal that he did not use force. He was in jail on an unrelated case, and a deputy transported him to the courthouse. He lunged at the deputy, grabbed the deputy’s gun holster with both hands, and pulled up on the gun. The Court of Criminal Appeals held this was enough “force” required by the statute, and went beyond mere preparation to commit the offense. The evidence was sufficient to show the defendant made the attempt to take the deputy’s gun.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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