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Taking or Attempting to Take Weapon from an Officer, Investigator, or Employee

The Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer crime in the state of Texas gives police the right to arrest you if they believe you took or attempted to take a gun, nightstick, stun gun from a peace officer, investigator, employee, or other official. Learn more detailed information about the Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer offense below.

UPDATE: SB 1754, 86th Texas Legislature, removed the “intention to harm requirement” in this law, effective for offenses occurring on or after September 1, 2019.

Have you been charged with Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer?

The current Texas law is as follows:1

(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer’s, investigator’s, employee’s, or official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device with the intention of harming the officer, investigator, employee, or official or a third person.

How can I be charged with Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer?

You can be charged with Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer if the state’s attorneys believe that each of the elements of 38.14(b) as described in the section above have been met.

What is the punishment for Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer?

If you actually took an officer’s weapon, then a conviction for Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer is punished as a Felony of the Third Degree,2 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If you only attempted to take a officer’s weapon (but did not actually do it), then a conviction for Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer is punished as a State Jail Felony,3 with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Penal Code §38.14

2 Texas Penal Code §38.14(e)(1)

3 Texas Penal Code §38.14(e)(2)

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