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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064








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.

Official Oppression Attorney in San Antonio Texas

Official Oppression

Texas Penal Code § 39.03 - OFFICIAL OPPRESSION

Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting a lawyer with the experience to handle your case.

Official Oppression Defense Attorney in San Antonio, Texas

The offense of official oppression in Texas is defined in Section 39.03 of the Texas Penal Code. According to this law, a person commits the offense of official oppression if they are a public servant and they:

  • Intentionally subject another person to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that the actor knows is unlawful;

  • Intentionally deny or impede another person in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the actor's conduct is unlawful; or

  • Intentionally subject another person to sexual harassment.

It is important to note that to be convicted of this offense, the prosecution must prove that the person acted with the specific intent to abuse their official capacity, and that they knew their conduct was unlawful. The punishment for this offense can vary, depending on the specific circumstances of the case and the severity of the mistreatment or abuse.

A public servant acts under "color of their office or employment" if they act or claim to act in an official capacity, or take advantage of their actual or perceived position.

In this context, "sexual harassment" refers to unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that is imposed as a condition of someone exercising or enjoying their rights, privileges, powers, or immunities, either explicitly or implicitly.

Defenses to Official Oppression in Texas

There are several potential defenses that may be raised in a case involving the charge of official oppression in Texas. Some of the most common defenses include:


Lack of intent: To be convicted of this offense, the prosecution must prove that the person acted with the specific intent to abuse their official capacity, and that they knew their conduct was unlawful. If the defendant can demonstrate that they did not act with this intent, or that they did not know their conduct was unlawful, they may be able to avoid conviction.


Lack of evidence: The prosecution must also be able to provide sufficient evidence to support a conviction for this offense. If the defendant can challenge the reliability or credibility of the evidence presented by the prosecution, or if there is not enough evidence to support a conviction, they may be able to avoid a guilty verdict.


Self-defense: If the defendant can show that they were acting in self-defense or in defense of others, they may be able to avoid conviction.


It is worth noting that the specific defenses that may be available in a case will depend on the facts and circumstances of the case. An experienced attorney will be able to advise on the best defenses to raise in a particular case.

Punishment Ranges

Level of Offense

Potential Incarceration

Potential Fine

First-degree Felony

Second-degree Felony

Third-degree Felony

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

2 - 10 years in prison

180 days - 2 years in jail

Up to 1 year in jail

Up to 180 days in jail

2 - 20 years in prison

5 - 99 years in prison

Up to $10,000

Up to $10,000

Up to $10,000

Up to $10,000

Up to $4,000

Up to $2,000