TAKE WEAPON FROM AN OFFICER
Take Weapon From an Officer in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “TAKE WEAPON FROM AN OFFICER” means
Texas Penal Code § 38.14 defines the offense of taking or attempting to take a weapon from an officer. The State must prove the defendant, intentionally or knowingly and with force, took or attempted to take a firearm, nightstick, stun gun, or personal protection chemical dispensing device from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer (a probation officer), or commissioned security officer, and that the defendant did so with the intention of harming the officer or a third person. The statute protects the listed weapons carried by the listed officials and requires both forcible conduct and a specific intent to harm. Actual injury to the officer or another person is not an element, and the offense reaches attempts, so it can be complete even when the defendant never gains control of the weapon.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for TAKE WEAPON FROM AN OFFICER in Texas
Across 569 Texas bail settings for this charge (2 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $25,000). 3% of defendants were released on a personal bond, and bail was denied in 26 cases. When this was the only charge at booking (41 records), the median was $10,000 and 0% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Bexar | 61 | $10,000 | $5,000 – $25,000 | 0% | 3% |
| El Paso | 55 | $15,000 | $5,000 – $30,000 | 20% | 5% |
Showing the 2 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.
How real TAKE WEAPON FROM AN OFFICER cases ended
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
Related charges
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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.