If you’ve been arrested or charged with the crime of obstruction or retaliation, you could be looking at serious jail time.  In Texas, you can be arrested if it’s alleged that you’ve threatened or harmed someone.  To be charged under the obstruction or retaliation statute, the threat or harm that’s alleged must be in retaliation against someone who’s a public servant, witness, prospective witness, informant, or someone whom you believe has reported a crime (or intends to do so).  In most cases, obstruction or retaliation is a third degree felony, punishable by 2 to 10 years in state prison, and a fine of up to $10,000 fine.  However, if it’s alleged that you committed obstruction or retaliation against a juror, the offense is charged as a second degree felony, with a penalty range of 2 to 20 years in the penitentiary and a up to a $10,000 fine. If you’ve been arrested for obstruction or retaliation, you need experienced legal representation.  Call Berlof & Newton, P.C. at 214.827.2800 for a free consultation, or email one of our lawyers directly by using the “Get Legal Help Now!” form in the left margin of this web page.  Each of our attorneys has over 15 years of experience practicing criminal defense law.  Don’t leave your fate chance.  Call today!  Se habla español. Texas Penal Code Section 36.06. 

OBSTRUCTION OR RETALIATION.

(a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1)  in retaliation for or on account of the service or status of another as a: (A)  public servant, witness, prospective witness, or informant; or (B)  person who has reported or who the actor knows intends to report the occurrence of a crime; or (2)  to prevent or delay the service of another as a: (A)  public servant, witness, prospective witness, or informant; or (B)  person who has reported or who the actor knows intends to report the occurrence of a crime.

(b)  In this section: (1)  “Honorably retired peace officer” means a peace officer who: (A)  did not retire in lieu of any disciplinary action; (B)  was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the officer’s employment with the agency; and (C)  is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees. (2)  “Informant” means a person who has communicated information to the government in connection with any governmental function. (3)  “Public servant” includes an honorably retired peace officer.

(c)  An offense under this section is a felony of the third degree unless the victim of the offense was harmed or threatened because of the victim’s service or status as a juror, in which event the offense is a felony of the second degree. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, Sec. 4, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 557, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 239, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 835, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 246, Sec. 1, eff. Sept. 1, 2003.

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