Police car hood

State v. O. A. Cause No. 1624***; 180th Criminal District Court; Harris County, Texas

Assault of an officer No Billed and later expunged

My client was out with family and friends at a popular restaurant/bar called Bombshell Blondes. Depending on what account you believe, my clients were having a good time or having too much of a good time. Allegations were made that my client and family members started fighting and causing a scene. 911 was called, and officers arrived on the scene to investigate.

When officers arrived, they were completely unreasonable to my client. Handcuffing my client, throwing him to the ground, and then charging him with the assault of a police officer.

The assault of a police officer is considered a serious crime and is a third-degree felony. If a person is found guilty of a third-degree felony in Texas, the person can be sent to prison (Texas Department of Criminal Justice – Institutional Division) for 2 years to 10 years and can also be fined up to $10,000.

The state wanted to present the case to a grand jury in hopes of an indictment. In Texas, a grand jury is made up of 12 people who determine whether or not there is probable cause to believe that a specific crime was committed. Probable cause is a higher standard than reasonable suspicion and is defined as “where the facts and circumstances within your knowledge, and of which you have reasonably trustworthy information, are sufficient unto themselves to warrant a person of reasonable caution to believe that an offense has been committed.”

My client was a hard-working man with no criminal history and was merely trying to have a night out with his family and friends. I drafted a grand jury packet with my arguments, character letters, employment history, and other documents showing my client is not the type of person to commit this type of felony.

Thankfully, the grand jury returned a No Bill, and my client got his life back. After the case was No Billed, I discussed the possibility of an expunction with my client.

In Texas, an expunction allows individuals to remove information about an arrest or a charge from their permanent records in certain circumstances. Agencies involved in the arrest and prosecution can be ordered by a judge to destroy or erase the records. In this case, I was able to successfully expunge this case from his record.

My client worked in an industry that required special clearance for job sites. Because this case was No Billed and later expunged, he has not had any issues with employment.

If you have any questions about criminal defense for assault in Texas, contact Ty Brock online or by phone: 713-899-3355.

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