Texas taking or attempting to take weapon from peace officer

Texas taking or attempting to take weapon from peace officer is a criminal offense under Penal Code § 38.14. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

Texas Penal Code § 38.14 makes it a third-degree felony to intentionally or knowingly, and with force, take or attempt to take a firearm, nightstick, stun gun, or personal protection chemical dispensing device from a peace officer, federal special investigator, employee of a correctional facility, or other defined officials. The statute creates substantial exposure for any physical struggle during an arrest in which the defendant reaches for an officer's weapon — even unsuccessful attempts trigger the full felony penalty. The law was designed to deter and severely punish disarmament attempts that endanger officers and the public.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 38.14 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant intentionally or knowingly attempted to take or took a weapon
2. The weapon was a firearm, nightstick, stun gun, or chemical dispensing device
3. The weapon was from the person or immediate presence of a peace officer
4. Defendant acted with force

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Taking or Attempting to Take Weapon from Peace Officer case:

• Lack of force — accidental contact during pat-down or non-violent encounters insufficient
• Self-defense (§ 9.31) where officer used unlawful excessive force first — limited application
• Necessity (§ 9.22) — preventing greater imminent harm
• Mistake of fact about officer's status or identity under § 8.02
• Lack of intent — defendant was reaching for own property or trying to escape rather than disarm
• Suppression of post-arrest statements obtained without Miranda warnings

Enhancements & collateral consequences

Already a third-degree felony; stacked charges under § 22.01 (Assault on Public Servant — third-degree felony), § 22.02 (Aggravated Assault — second-degree felony when deadly weapon used), and § 38.04 (Evading Arrest) are routine. Parallel federal charges under 18 U.S.C. § 111 (Assaulting Federal Officer) common when federal agents are involved. Use of the taken weapon to harm anyone elevates to attempted murder or aggravated assault.