1.104 — ASSAULT ON A PEACE OFFICER

Violations of "Statute 1.104" results in a Class C Misdemeanor

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(a) Definitions

Assault on a peace officer typically involves the intentional or knowing infliction of physical harm or offensive contact upon a peace officer while they are performing their official duties. A "peace officer" is typically defined as a law enforcement officer, such as a police officer, sheriff's deputy, state trooper, or federal agent, who is authorized to enforce the law and maintain public order.

(b) Elements

To prove assault on a peace officer, prosecutors typically need to establish the following elements:

• The defendant intentionally or knowingly inflicted physical harm or offensive contact upon a peace officer.

• The peace officer was engaged in the performance of their official duties at the time of the assault.

• The defendant's actions were not justified or excused by self-defense or other legal justification.

(c) Defenses

Defendants accused of assault on a peace officer may raise various defenses, including:

• Self-defense: Claiming that the defendant acted in reasonable self-defense to protect themselves from harm.

• Defense of others: Claiming that the defendant acted to protect another person from harm.

• Lack of intent: Arguing that the defendant did not intend to harm or offend the peace officer.

• Mistaken identity or alibi: Providing evidence that the defendant was not present at the scene of the alleged assault.