Understanding Interference with Public Duties in Texas: What You Need to Know
If you’ve been charged with Interference with Public Duties in Texas, it’s crucial to understand what this offense involves and how a skilled criminal defense attorney in Texas can help protect your rights. Found under Texas Penal Code § 38.15, this charge often arises after an unexpected or tense interaction with law enforcement.
What Is Interference with Public Duties?
Under Texas law, a person commits the offense of Interference with Public Duties if they, with criminal negligence, interrupt, disrupt, impede, or otherwise interfere with a peace officer performing a lawful duty or exercising their legal authority.
To secure a conviction, prosecutors must prove four essential elements:
- The accused acted with criminal negligence in disregarding clear, repeated commands.
- The officer was performing a specific duty or exercising lawful authority at the time of the incident.
- The accused’s conduct directly interfered with the officer’s lawful duty.
- The interference involved actions beyond mere speech.
Understanding these elements is important when evaluating the strength of a case and possible defenses.
How Do Prosecutors Prove Criminal Negligence?
In Texas, criminal negligence means that a person failed to perceive a substantial and unjustifiable risk that their actions would interfere with law enforcement. Prosecutors often look for evidence of clear, repeated commands given by an officer that were disregarded. These commands serve as notice to the accused, creating a duty to comply.
For example, if an officer lawfully stops a vehicle and orders the driver or passengers to exit, failure to follow that order—especially after multiple warnings—can form the basis for an Interference with Public Duties charge. Relevant case law, such as Maryland v. Wilson and Pennsylvania v. Mimms, supports an officer’s authority to give such commands during a lawful traffic stop.
What Actions Constitute Actual Interference?
It’s important to note that simply upsetting or angering a police officer isn’t enough to justify this charge. The law requires actual interference with the officer’s duties. Typically, this involves:
- Physically preventing an officer from carrying out a task
- Engaging in behavior that creates a particularized danger to the officer or others
- Refusing lawful orders that impede an active investigation or arrest
For example, a person physically blocking an officer from accessing a crime scene or refusing to exit a vehicle after repeated lawful commands could face this charge.
Protect Your Rights with an Experienced Criminal Defense Attorney in Texas
Being charged with Interference with Public Duties can have serious consequences, including fines and possible jail time. If you or a loved one are facing this charge, it’s essential to consult an experienced criminal defense attorney in Texas. An attorney can assess the circumstances of your case, challenge the prosecution’s evidence, and work to protect your rights and future.
Alsbrooks Law is dedicated to defending Texans against misdemeanor and felony charges. If you need legal help, contact us today for a confidential consultation.