Possible Time Frame if an Individual Facing Two Felony Assault Charges on Police Officers, with Mental Illness
When someone is charged with **two felonies** for assaulting police officers, and mental illness is involved, there are several stages and factors that determine how long the process might take — from arrest to resolution (plea, trial, sentencing, or dismissal). This blog post walks through what the potential time frame might look like, what could speed things up or slow things down, and how mental illness can affect things in Texas (or another state, if specified).
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Key Variables That Affect the Time Frame
Before getting into numbers, it helps to understand the factors that influence how long the case might take:
1. Severity and specifics of the charges
* What kind of assault? Were weapons used? Was there serious bodily injury?
* Whether the charges are simple assault, aggravated assault, etc.
* The degree of felony (first-degree, second-degree, third-degree) matters.
2. Defendant’s prior record
* Prior felonies, prior convictions, probation/parole status.
3. Whether the defendant is found competent to stand trial
* If the individual has mental illness, there may be questions about their competence, leading to competency evaluations and restoration proceedings. This adds time.
4. **Whether mental illness is raised as a factor or defense**
* Sometimes there’s a psychiatric evaluation, expert witnesses, mitigation efforts, perhaps pleas or diversion.
5. **Court backlog, jurisdiction, plea negotiation**
* Some courts are busier; the prosecutor’s willingness to negotiate; whether pretrial diversion or specialty courts are options.
6. **Motions and pretrial proceedings**
* Discovery disputes, pretrial motions, suppression hearings, etc.
Approximate Timeline (Estimated)
Below is an estimate of how long each stage might take, in a case in Texas, given two felony assaulting-police charges and mental illness involvement. These are not guarantees, just typical ranges.
| Stage | Rough Time Estimate | What Happens / What Adds Time |
| **Arrest → Initial Appearance / Arraignment** | A few days to a few weeks | After arrest, the defendant appears before a magistrate; bail may be set; charges formally read. If mental health crisis is involved, there may be emergency psychiatric evaluations or detention. |
| **Preliminary Investigation & Discovery** | Several weeks to a few months | Prosecutor gathers evidence; defense may request records; mental health history may need to be obtained; psychiatric/psychological evaluations may be ordered. |
| **Competency to Stand Trial** | If needed: up to **120 days** max for felony cases under Texas law for competency restoration programs. ([Texas Statutes][1]) | If the defendant is alleged to be incompetent, there are hearings, perhaps inpatient or outpatient restoration. This can significantly delay the case. |
| **Pretrial Motions, Plea Negotiations, Diversion / Mitigation Efforts** | 1-3 months (or more) | Defense may negotiate plea, present mental health mitigation, ask for diversion or specialty court treatment. If prosecutor is willing, things can move faster; if not, negotiations (or motions) can drag on. |
| **Trial (if no plea)** | Depends heavily: 1-several months after pretrial is resolved | Setting a trial date depends on the court’s schedule. For felony cases, especially with multiple charges, more time is needed. Expert witnesses (mental health) might require scheduling, etc. |
| **Sentencing / Resolution** | Weeks to a few months after verdict or plea | Once convicted or after plea, probation reports, presentencing investigations, possibly psychiatric/psychological reports for mitigation become part of the record.
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Putting It All Together: Total Estimated Time
Given all the above, a **rough estimate** for the entire process (from arrest through sentencing or resolution) in such a case might be:
* **If plea occurs early and there are minimal complications**: \~ **3 to 6 months**
* **If there are delays because of competency issues or mental health evaluations, or if the case goes to trial**: \~ **6 months to 18 months**, possibly more.
The presence of mental illness almost always adds time — for evaluations, court orders, possibly competency restoration, and mitigation. Each of these can add weeks or months, depending on how quickly the needed services are available.
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How Texas Law Handles Assaults on Police and Mental Illness
Since you mentioned law and assaulting police officers, here’s some specific Texas context:
* Under Texas Penal Code **§ 22.01** and **§ 22.02**, assaulting or aggravated assaulting police officers are serious felonies. The penalties can range widely depending on the degree of assault, whether serious bodily injury was involved, whether a weapon was used. ([Texas Statutes][2])
* If mental illness is involved, Texas has mechanisms like competency restoration. Under the Code of Criminal Procedure (Chapter 46B), a defendant charged with a felony and found incompetent to stand trial may be committed for restoration for up to 120 days. ([Texas Statutes][1])
* Also, Texas has guides and procedures for dealing with criminal defendants who have mental illness, including pretrial diversion in some cases, or having the mental health crisis considered in mitigation. ([Texas Appleseed][3])
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Example Scenarios
To make this more concrete, here are two hypothetical timelines:
1. Scenario A: “Clean case + early plea”
* Arrest → arraignment: 1-2 weeks
* Discovery + mental health evaluation: 4-6 weeks
* Plea negotiation: another 2-4 weeks
* Plea hearing and sentencing: 1-2 weeks after plea
* **Total**: \~ **2.5 to 4 months**
2. Scenario B: “Complicated case + trial + competency issues”
* Arrest → arraignment: 1-2 weeks
* Discovery + evaluation: 2-3 months
* Competency hearing and restoration: up to 120 days (\~4 months)
* Pretrial motions & scheduling trial: another 1-2 months
* Trial: maybe 1 week to several weeks, depending on complexity
* Sentencing: 1-2 months post-trial
* **Total**: \~ **8 to 14 months**, possibly more
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What Could Speed Up the Process
* Early mental health intervention / evaluation
* Competent legal counsel experienced with mental illness cases
* Cooperation between defense, prosecution, and court
* Court resources being available and not overburdened
* If plea bargain is accepted early
What Could Slow Down the Process
* Disputes about mental health status, or delays obtaining psychiatric experts
* Competency issues leading to restoration proceedings
* Multiple charges, or severe injuries, or weapon involvement
* High caseloads, crowded dockets in that county/district
* Motions (suppression, discovery) that require delay
* Delays caused by gathering records, expert testimony
Takeaway
[1]: https://statutes.capitol.texas.gov/docs/CR/htm/CR.46B.htm?utm_source=chatgpt.com “CODE OF CRIMINAL PROCEDURE CHAPTER 46B. …”If you or someone you care about is facing two felony charges for assaulting two police officers and mental illness is involved, it’s reasonable to expect that the case may take **at least several months** and quite possibly **a year or more** if complications arise. However, with good representation and cooperation, some cases can resolve more quickly.
[2]: https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm?utm_source=chatgpt.com “PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES”
[3]: https://www.texasappleseed.org/sites/default/files/2023-05/211-mentalhealth-handbookforattorneyscriminallaw.pdf?utm_source=chatgpt.com “Mental Illness, Your Client and The Criminal Law”
