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Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
False Report to a Peace Officer
Texas Penal Code § 37.08 - FALSE STMNT TO PO/SP INV/LAW ENF EMPL/CORR OFF
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False Report in San Antonio, Texas
In Texas, it is a crime to knowingly make a false statement that is material to a criminal investigation and make the statement to a peace officer or other law enforcement official conducting the investigation. This offense is a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.
In the context of Texas Penal Code section 37.08, the term "material" refers to information that is relevant or significant to the criminal investigation. In order to be considered "material," the false statement must be something that could potentially affect the outcome of the investigation or the decision of the peace officer or law enforcement official conducting the investigation. Essentially, a material false statement is one that could potentially mislead or deceive the investigator and influence their actions.
Defenses in Texas
If a person is charged with the offense of false report to a peace officer in Texas, there are several potential defenses that they may be able to raise in order to challenge the charges. These defenses may include:
Lack of intent: In order to be convicted of this offense, the prosecution must be able to prove that the defendant made the false report to a peace officer with the intent to deceive. If the defendant did not act with this intent, they cannot be found guilty of the offense.
Insufficient evidence: The prosecution must be able to provide sufficient evidence to support a conviction for false report to a peace officer. If the defendant can challenge the reliability or credibility of the prosecution's evidence, they may be able to successfully defend against the charges.
Duress: If the defendant made a false report to a peace officer because they were threatened or coerced by another person, they may be able to argue that they were acting under duress and therefore did not act with the necessary intent to deceive.
It is important to note that the specific defenses available in a given case will depend on the circumstances of the case and the laws of the state in which the offense was alleged to have been committed. An experienced criminal defense attorney can help a defendant evaluate the potential defenses available to them and develop a strategy for defending against false report to a peace officer charges.