The Abuse of Official Capacity crime in the state of Texas makes it illegal for public servants to violate a law relating to the public servant’s office or misuse government property to get a personal benefit or to harm someone else. Learn more detailed information about the Abuse of Official Capacity offense below.
ABUSE OF OFFICIAL CAPACITY ATTORNEY FAQs
Have you been charged with Abuse of Official Capacity? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.
Abuse of Official Capacity is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 39 “Abuse of Office.”
The current Texas law is as follows:1
(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant’s office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.
You can be charged with Abuse of Official Capacity if the state’s attorneys believe that each of the elements of 39.02(a)(1) or (a)(2), as described in the section above, have been met.
A conviction for Abuse of Official Capacity under subsection (a-1) is punished as a Class A misdemeanor,2 with a maximum possible fine under Texas state law of up to $4000 and jail time of up to one year. However, a conviction under subsection (a-2) can be punished anywhere from a Class C misdemeanor to a first degree felony, depending on the value of the “misused thing.”3
(c) An offense under Subsection (a)(2) is:
(1) a Class C misdemeanor if the value of the use of the thing misused is less than $100;
(2) a Class B misdemeanor if the value of the use of the thing misused is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500;
(4) a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the use of the thing misused is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the use of the thing misused is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more.
Recent Case Results
- 2019 Not Guilty in Collin County DWI >0.15
- 2019 Not Guilty in Dallas County Indecency with a Child
- Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
- 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
- Not Guilty in 2018 Dallas County DWI Trial
- Client cleared in Dallas Police Shooting wrongful accusation
- Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
- Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
- Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
- United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
- ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
- Client “No-billed” by grand jury investigating shooting death case
- Coverage of Case Involving Waco teacher sending messages to student
- Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
- Rare Not Guilty verdict in Rockwall County DWI
- 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
- Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
- Coverage of teen Lewisville client charged with hit-and-run death
- Two Montague County Indecency with a Child cases Dismissed