Amarillo Assault on an Officer Lawyer

Normally, an assault charge is a Class A misdemeanor under Texas Penal Code §22.01(b)(1). However, the charge is commonly elevated to a felony of the third-degree when one of the following situations is present:

• The person is a public servant performing an official duty or the incident is in retaliation for the public servant performing an official duty
• The person is a security guard performing an employment-related duty
• The person is emergency services personnel providing emergency services

For a felony of the third-degree, the potential penalty ranges from two to ten years in prison. As well as a fine up to $10,000. In each of these situations, the elevated charge is based on the fact that the individual causing the incident knew that the person was a public servant, security guard, or emergency services personnel.

Under Texas Penal Code §22.01(d), Texas law presumes that individuals know that the other parties are public servants, security guards, or emergency services personnel if they are wearing a distinctive uniform and/or badge for the purposes of their official duties.

On the other hand, aggravated assault is a felony of the second-degree under Texas law. However, aggravated assault can also be a felony of the first-degree under some circumstances.

This is the case when the individual is a public servant acting in an official capacity, the alleged victim is a public servant acting in an official capacity, or the injured party is a security officer acting in the scope of employment.

With respect to aggravated assault, under Texas Penal Code §12.33, a felony of the second-degree can result in imprisonment from two to 20 years and up to a $10,000 fine. A felony of the first-degree can result in life in prison and a $10,000 fine.