San Antonio Official Oppression Attorney
Dedicated Official Oppression Attorneys in San Antonio, Texas
Under Texas law, official oppression is outlined in Section 39.03 of the Texas Penal Code. This offense occurs when a public servant intentionally:
- Subjects another person to mistreatment, or unlawfully enforces arrest, detention, search, seizure, dispossession, assessment, or lien;
- Denies or obstructs another person’s rights, privileges, powers, or immunities, with knowledge that such conduct is unlawful;
- Subjects another person to sexual harassment, defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature imposed as a condition for enjoying their rights, privileges, powers, or immunities.
To secure a conviction for official oppression, the prosecution must establish that the public servant knowingly abused their authority, aware that their actions were unlawful. Penalties vary based on the case specifics and the degree of mistreatment involved. The law considers a public servant to be acting under “color of office” if they are using their position or perceived authority in an official capacity.
For those facing official oppression charges, seeking experienced legal representation is essential. The San Antonio official oppression attorneys at Thornton Criminal Defense offer dedicated advocacy for individuals accused of official oppression, striving to protect clients’ rights and ensure due process. Thornton Criminal Defense’s team deeply understands the nuances of Texas Penal Code Section 39.03 and uses strategic defenses to challenge any weak points in the prosecution’s case, aiming to safeguard their clients’ reputations and careers. With a skilled official oppression attorney, clients can confidently address these serious charges.
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 San Antonio, 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 San Antonio official oppression 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.
Schedule a Free Consultation with Our San Antonio Official Oppression Lawyers Today
If you have been charged with official oppression in San Antonio, Texas, it is important to seek the advice of an experienced official oppression 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’re facing charges of official oppression in San Antonio, Texas, it’s crucial to consult an experienced criminal defense attorney without delay. Board-certified criminal defense attorney Brad Thornton brings extensive skill and expertise to his clients’ defense, offering the strategic representation needed to effectively counter these serious charges. Contact us today.