R. Todd Bennett, P.C.
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Assault charge involves opposite contentions

In an assault case, multiple things need to be determined. Those include exactly what happened, what fault there was and what mitigating circumstances, if any, there were. All of those will undoubtedly be looked at in regard to a current Texas case in which a police officer is being charged with aggravated assault by a public servant, which is a first-degree felony.

The charge was just announced by the Harris County district attorney and stems from an incident in which the officer is said to have kneed a drug suspect in the face. The suspect, who had been trying to sell crack cocaine, was 52 at the time. The officer allegedly kneed the suspect in the face when they were at a gas station.

The officer's attorney, however, has said that the incident occurred as an inevitable result of the suspect resisting arrest. According to the officer's attorney, any injuries to the suspect are solely the result of the suspect having resisted arrest and that the officer only used necessary force.

The suspect's brother contends otherwise. He has repeatedly characterized the incident as one of police brutality. Naturally, that claim is drawing a lot of attention, as incidences of police brutality have been in the headlines in states across the nation.

There is a mug shot that shows the suspect's face in bad condition, so the damage to him could be viewed as established, even while opposing sides of the case are debating how and why that happened. The Police Union's president sides with the officer. He said that the suspect's injuries are consistent with those one would expect to be suffered by someone who was resisting arrest.

Cases like this can be used to establish the importance of precisely what happened in cases where assault charges are filed. Going over the details with an attorney is critical for anyone faced with assault charges.

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