SAN ANTONIO – After being stripped of his badge, former San Antonio police officer James Brennand is facing two counts of aggravated assault by a public servant.
Hours before the charges came in, protestors in front of public safety headquarters asked for the maximum punishment. When the charges were announced, many people on social media weren’t satisfied, asking for attempted murder charges.
“Actually, the punishment is greater charging it as an aggravated assault than it would be if they charged it as attempted murder,” said Geary Reamey, a law professor at St. Mary’s University.
Reamey explained that aggravated assault and attempted murder are both second-degree felonies and carry a sentence of two to 20 years.
He said if the aggravated assault is by a public servant, the charge is upgraded to a first-degree felony.
First-degree felonies carry a sentence of five to 99 years or life.
Reamey believes SAPD charged Brennand, 27, with two counts of aggravated assault by a public servant for two main reasons. One, the punishment is higher. Two, it’s easier to convict because they don’t have to prove Brennand had intent to kill.
“The government is going to have to prove that the defendant acted intentionally, knowingly or recklessly so they can prove that his action was not done intentionally but it was done recklessly,” said Reamey.
Reamey said the current charges are preliminary. They could be added to or changed, but that would be up to the district attorney’s office.
The case hasn’t been given to the DA yet because it’s still an open investigation. The police chief doesn’t have a timeline for when the investigation will be finished.
