ATTEMPT TO TAKE WEAPON FROM AN OFFICERTexas Penal Code (PC) § 38.14
Attempt to Take Weapon From an Officer is a state jail felony under Texas Penal Code (PC) § 38.14. It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “ATTEMPT TO TAKE WEAPON FROM AN OFFICER” mean?
Attempt to Take Weapon From an Officer is a state jail felony under Texas PC § 38.14.
Texas Penal Code § 38.14 defines the offense of taking or attempting to take a weapon from an officer. As charged here, the State must prove that the defendant intentionally or knowingly, and with force, attempted to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer that officer's firearm, nightstick, stun gun, or personal protection chemical dispensing device. The statute presumes the defendant knew the person was an officer if the officer was wearing a distinctive uniform or badge indicating employment, and it provides a defense where the officer was using force against the defendant or another person that exceeded the force permitted by law. The attempt variant is graded as a state jail felony; a completed taking of the weapon is treated more severely under the statute.
What usually happens to a ATTEMPT TO TAKE WEAPON FROM AN OFFICER charge?
39% ended without a conviction, 24% in deferred adjudication and 37% in a conviction.
How 102 resolved ATTEMPT TO TAKE WEAPON FROM AN OFFICER charges filed 2019–2023 ended, across 11 counties (Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis, Williamson):
Outcome is the final disposition recorded on the charge. “Other” (0) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a ATTEMPT TO TAKE WEAPON FROM AN OFFICER case take to resolve?
Typically about 10 months: half of resolved cases closed within 296 days of filing.
Across 102 resolved ATTEMPT TO TAKE WEAPON FROM AN OFFICER charges filed 2019–2023, the median time from filing to disposition was 296 days. The middle half took between 138 and 462 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real ATTEMPT TO TAKE WEAPON FROM AN OFFICER cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Attempt to Take Weapon From an Officer in Texas?
180 days to 2 years in a state jail and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for ATTEMPT TO TAKE WEAPON FROM AN OFFICER in Texas?
The median bail is $7,500, and 2% of defendants were released on a personal bond.
Across 2,409 Texas bail settings for this charge (20 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,500 (middle half: $3,000 – $15,000). 2% of defendants were released on a personal bond, and bail was denied in 136 cases. When this was the only charge at booking (182 records), the median was $10,000 and 4% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| El Paso | 254 | $5,000 | $2,500 – $10,000 | 2% | 6% |
| Bexar | 217 | $10,000 | $7,500 – $20,000 | 0% | 10% |
| Tarrant | 215 | $3,000 | $1,500 – $7,500 | 0% | 1% |
| Travis | 119 | $7,500 | $4,750 – $10,000 | 14% | 5% |
| Dallas | 113 | $10,000 | $5,000 – $25,000 | 0% | 2% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with ATTEMPT TO TAKE WEAPON FROM AN OFFICER?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.