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Coercion Of Public Servant

San Antonio Coercion Attorney

If you are accused of intentionally or knowingly attempting to influence a public servant in the performance of their official duty, then contact an attorney at Flanary Law Firm, PLLC. Call the office to find out more about the charges pending against you, ways to avoid the typical penalties, and the best defenses to fight for an outright dismissal of the charges.

Coercion of Public Servant

Section 36.03 of the Texas Penal Code defines the offense of coercion of a public servant. Under that statute, a person commits an offense if by means of coercion he influences or attempts to influence a public servant in … a specific performance of his official duty…..

Under Texas Penal Code § 36.03(a)(1), (b), the crime of coercion of a public servant is charged as a Class A misdemeanor unless the coercion is a threat to commit a felony, in which case the crime can be charged as a felony of the third degree.

Call (210) 899-7566 today to discuss the case.

Definition of Coercion in Texas

Section 1.07 of the Penal Code defines “coercion” to mean a threat, however communicated:

  • To commit an offense;
  • To inflict bodily injury in the future on the person threatened or another….”

TEX. PENAL CODE ANN. § 1.07(a)(9).

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Elements of Section 36.03(a)(1) for Coercion of a Public Servant

A person commits an offense if by means of coercion he intentionally or knowingly:

  • Influences or attempts to influence a public servant in a specific exercise of his official power; or
  • Influences or attempts to influence a public servant in a specific performance of his official duty; or
  • Influences or attempts to influence a public servant to violate the public servant’s known legal duty; and
  • The person who influences or attempts to influence the public servant was not a member of the governing body of a governmental entity, and
  • The action that influences or attempts to influence the public servant was not an official action taken by the member of the governing body.

The crime is subject to enhanced penalties if the means of coercion was a threat to commit a felony.

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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Definitions in the Public Servant Coercion Statute

The term “official action” includes deliberations by the governing body of a governmental entity as defined by Tex. Pen. Code § 36.03(c).

The term “public servant,” as defined by Tex. Pen. Code § 1.07(a)(41), means a person who was elected, selected, appointed, employed, or otherwise designated, even if the person had not yet qualified for office or assumed his duties, who was;

  • An officer or employee or agent of government; or
  • A juror or a grand juror; or
  • An arbitrator or referee or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
  • An attorney at law or notary public when participating in the performance of a governmental function; or
  • A candidate for nomination or election to public office; or
  • A person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
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