San Antonio Official Oppression Defense Attorney
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.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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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 | 5 - 99 years in prison | Up to $10,000 |
| Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
| Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
| State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
| Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Punishment for Official Oppression in San Antonio
The punishment for the offense of official oppression in Texas can vary depending on the specific circumstances of the case and the severity of the mistreatment or abuse. In general, however, this offense is classified as a Class A misdemeanor, which carries a maximum possible sentence of up to one year in county jail and a fine of up to $4,000.
It is worth noting that although this offense is generally a Class A misdemeanor, the district attorney in a county has exclusive jurisdiction over the prosecution of this offense, even in counties where the county attorney is typically responsible for prosecuting misdemeanors. This means that the district attorney can bring charges against a person accused of official oppression and present the case to a grand jury.
Attorney Brad Thornton
If you have been charged with official oppression in San Antonio, Texas, it is important to seek the advice of an experienced criminal defense attorney as soon as possible. Board-certified criminal defense attorney Brad Thornton is an excellent choice for this type of case. Here are a few reasons why:
Experience: Mr. Thornton has over a decade of legal experience, including time as a chief prosecutor. This means that he has a deep understanding of the criminal justice system and how it works and knows how to effectively defend his clients against criminal charges.
Expertise: Mr. Thornton is board-certified in criminal law, which means that he has demonstrated a high level of knowledge and expertise in this area of law. This is an important consideration when choosing a lawyer, as it indicates that the lawyer has the skills and knowledge to handle complex legal issues.
Personalized representation: Mr. Thornton is dedicated to providing personalized representation to his clients. He takes the time to get to know each of his clients and understand their individual needs and goals, and he works closely with them to develop a customized legal strategy that is tailored to their specific circumstances.
Free consultation: Mr. Thornton offers a free initial consultation, which is a great opportunity to discuss your case and get a sense of his legal approach. This is a no-obligation consultation, so you have nothing to lose by contacting Mr. Thornton to learn more about how he can help you.
If you have been charged with official oppression in San Antonio, Texas, it is important to seek the advice of an experienced criminal defense attorney as soon as possible. Board-certified criminal defense attorney Brad Thornton is a highly qualified and skilled lawyer who can provide the representation you need to defend yourself against these charges effectively.
