A person commits the offense of Interference with Public Duties if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
- a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
- a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;
- a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;
What is a Class B misdemeanor in Texas?
Class B Misdemeanors A person convicted of a class B misdemeanor faces up to 180 days' jail time and a $2,000 fine. Indecent exposure, criminal mischief, and obstructing a roadway are examples of class B misdemeanors.
What is disorderly conduct in Texas?
(a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. (b) An offense under this section is a Class B misdemeanor.
Is tampering with evidence a felony in Texas?
In the state of Texas, the charge of tampering with evidence is a Third Degree Felony that can result in up to $10,000 in monetary damages and anywhere from 2 to 10 years in a state prison.
Is obstruction of justice a felony in Texas?
At a minimum, retaliation and obstruction are considered felonies of the third degree in Texas. A third-degree felony conviction can be penalized with two to ten years in prison and a fine that may be as high as $10,000.
Is cussing at someone illegal in Texas?
The state criminalizes speaking words or phrases that would be interpreted as abusive, indecent, profane or vulgar in a public place, if they would tend to incite an immediate “breach of the peace.” The statute also criminalizes gestures or displays or offensive behavior that would incite a “breach of the peace”.
Can you curse at a police officer in Texas?
As you already know, the First Amendment to the U.S. Constitution protects free speech. Because of the Amendment, police officers generally cannot arrest people, nor can the government prosecute them, simply for what they've said.
What is it called when you hide evidence?
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. It is a criminal offense in many jurisdictions.
Is deleting evidence a crime?
If a law enforcement official or prosecutor is found guilty of tampering with or destroying evidence, it is a felony offense. Felonies in California are punishable by up to five years in state prison. Tampering with or destroying evidence is a serious crime in the state of California.
What is the punishment for tampering with evidence?
If convicted, they will face a penalty of one to three years in prison. Tampering with evidence during the prosecution of a serious violent felony involving someone else will also result in the defendant being charged with a felony. Further, the punishment will include a prison term of one and ten years.
Do you have to identify yourself to the police?
You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.
What crimes have no statute of limitations in Texas?
Felony crimes with no statute of limitations include: Murder and manslaughter. Continuous sexual abuse of young children under section 21.02 of the Penal Code. Sexual assault under section 22.011(a)(2) of the Penal Code.
What is the penalty for obstruction of justice in Texas?
If you're caught interfering with law enforcement proceedings, investigative work, or any sort of formal procedures undertaken by prosecutors or government agencies, you will be charged with obstruction of justice. Under Texas law, this crime carries a prison sentence of up to five years.
Is disorderly conduct a misdemeanor or felony in Texas?
The basic forms of disorderly conduct are typically charged as a Class C Misdemeanor in Texas. You could be ordered to pay a fine of up to $500 if convicted, but there is no jail time.
How do you beat a disorderly conduct charge in Texas?
What are Possible Defenses?You have an affirmative defense according to the Disorderly Conduct statute if you were significantly provoked before you threatened or verbally abused the other person.You did not use fighting words even if your language included profanity or vulgar terms.More items...
What are disorderly conduct crimes?
Disorderly conduct is a crime that involves public activity or behavior that's offensive or disruptive, and interrupts other people's ability to enjoy a public space. According to law enforcement, most disorderly conduct arrests often involve an element of alcohol or drugs.
Is disorderly conduct a Class C misdemeanor in Texas?
Punishments for disorderly conduct in Texas Most disorderly conduct offenses are Class C misdemeanors, punishable by a fine of up to $500, except for firing or displaying a gun in public. Those are Class B misdemeanors, with a sentence of up to 180 days in jail and/or a fine of up to $2,000.
What is Interference with Public Duties?
Under Texas Penal Code 38.15, a person commits the offense of Interference with Public Duties if the person, with criminal negligence, interrupts,...
Are there any Defenses to Interference with Public Duties?
Yes. There are two defenses to interference with public duties, which are outlined in the Texas Penal Code. Specifically, it is not against the law...
Why do People Get Arrested for Recording the Police?
Citizens have a Constitutional right to publicly record police activity, as long as it does not interfere with officers’ duties. Problem is, many o...
What is the Punishment for Interfering with Public Duties?
Interfering with Public Duties is a Class B Misdemeanor punishable by a maximum of six months in jail and up to a $2,000 fine.
How Do You Get An Interference With Public Duties Charge?
The easiest way to get an interference with public duties charge is to NOT do what a police officer tells you to do during a traffic stop. Not doing what an officer tells you may not rise to the level of resisting arrest, but this charge, interference with public duties, allows officers to charge you for making their job harder. Another example of interference with public duties is trying to distract a drug sniffing dog by offering the dog bacon or a hotdog.
What Should I do If I Am Charged With Interference With Public Duties?
As soon as you are arrested, as always, SHUT THE “F” UP! You need to contact a criminal defense lawyer to advise and help your situation. Interference with public duties is a Class B misdemeanor that will likely qualify for Pre-Trial Intervention programs so you don’t get a conviction on your record.
How does a traffic stop escalate?
Here is an example of how a traffic stop can escalate to an interference with public duties charge . One day you are on your way home from work and are pulled over by police because officers say you were texting and driving. You were not texting and believe you were pulled over because officers simply think you look like a person who might be up to no good. During the traffic stop you give your license and insurance to the officer, but make sure the officers understand your unhappiness with being pulled over (read; you cuss, call them names, ask for badge numbers, and demand a Sergeant come to the scene). Until this point, nobody has asked you to get out of the car and officers won’t give a detailed explanation of why you were stopped.
Why do police tell you to not get out of the car?
You tell the officers you will not get out of the car because they are lying about the odor of marijuana.
What does the Sergeant say when he smells marijuana?
Now, the Sergeant arrives… The Sergeant approaches your driver side door, sniffs the air a couple times and says the magic words, “I smell the odor of marijuana coming from your car, step out of the vehicle.” This is the point where things change from a texting and driving ticket into an arrest and a trip to jail.
What is a person who commits an offense?
A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
What is a defense to prosecution under Subsection (a) (1)?
It is a defense to prosecution under Subsection (a) (1) that the conduct engaged in by the defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C , Title 7 , Transportation Code.
What is the meaning of "occupation"?
is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code.
Is speech interference a defense to prosecution?
It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.
Weatherford Criminal Defense Attorneys: Interference with Public Duties
It is against the law to interfere with the jobs of law enforcement officers, first responders, and a number of other individuals. This crime is called interference with public duties. If you have been charged with interference with public duties, you should consult with a criminal defense lawyer as soon as possible.
What is interference with public duties?
According to Texas law, an individual may be convicted of interference with public duties if that individual negligently interrupts or otherwise interferes with:
What are the penalties for interference with public duties?
Interfering with public officials can result in injuries to others. For example, interfering with a firefighter as he tries to put out a fire could result in loss of life.
Will a criminal defense attorney be able to defend me against interference with public duties charges?
Texas prosecutors must prove every element of a crime beyond a reasonable doubt. To prove a crime beyond a reasonable doubt, the prosecutor must show that a jury would, after reviewing the evidence in the case, conclude that the accused did actually commit the crime.
If you need an attorney, contact the Hampton Eppes Law Group
At the Hampton Eppes Law Group, we are experienced in the Texas criminal justice system. Brian Eppes is a former prosecutor who knows what must be proven in a criminal case. To schedule your free consultation, call 817-877-5201 or visit www.hamptonlegalgroup.com.
