Assaulting Out In Uniform Cop In An Unmarked Car Consequences
A person commits assault "if the person intentionally, knowingly, or recklessly causes bodily injury to another." TEX. PEN. CODE ANN. 22.01(a)(1) (Vernon Supp. 2000).
An offense under this section is a third degree felony if the assault is committed "against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty." Id. at 22.01(b)(1).
Arnold v. State, 659 S.W.2d 45, 46-47 (Tex. App.--Houston [14th Dist.] 1983, no pet.) involved an out-of-uniform police officer in an unmarked car who was assaulted while performing his duties as an officer. Id. at 46.
The court upheld the conviction for aggravated assault of a police officer because the officer testified that he identified himself to the assailant as an officer and the officer's partner testified that he saw the officer open his coat as if to show his badge. Id. at 47.