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Assault on a Public Servant in Texas

Getting into a fight is bad enough. Getting into a fight with a government official? That’s a whole different level of trouble—especially in Texas. If you lay a hand on a public servant while they’re doing their job, the law isn’t just harsh—it’s relentless. And whether it’s a shove during a heated moment or something more serious, the consequences can upend your life fast.

In this article, we’ll break down exactly what “assault on a public servant” means in Texas, what penalties you’re up against, and why your next move could make or break your future.

Who Counts as a Public Servant?

Texas law defines public servants broadly. They include:

  • Elected officials: Governor, lieutenant governor, attorney general, legislators, and more

  • Appointed officials: Judges, commissioners, board members, agency directors

  • Government employees: Police officers, firefighters, paramedics, teachers, and other public sector workers

If they’re performing official duties on behalf of the government, they qualify as public servants under Texas law.

Is Assault on a Public Servant a Criminal Act?

Under Texas Penal Code § 22.01(a) & (b), assault on a public servant in Texas is a criminal offense that occurs when a person intentionally, knowingly, or recklessly causes bodily injury to a public servant. While the public servant is lawfully discharging an official duty, or threatens or causes physical contact with a public servant while the public servant is lawfully discharging an official duty.

A public servant is defined as a person who is elected, appointed, employed, or otherwise designated as a public servant by law. This can include police officers, firefighters, paramedics, teachers, and other government officials who are authorized to carry out official duties.

Penalties for Assault on a Public Servant in Texas

Assault on a public servant is typically a third-degree felony, carrying:

  • 2 to 10 years in prison

  • Up to $10,000 in fines

If a deadly weapon is used or the public servant suffers serious bodily injury, it can be bumped to a second-degree felony, increasing potential prison time to 20 years.

In addition to criminal penalties, a conviction for assault on a public servant can also have significant collateral consequences. Such as the loss of certain civil rights, difficulty finding employment, and damage to one’s reputation.

It’s worth noting that the specific penalties for assault on a public servant can vary depending on the circumstances of the offense and other factors. Therefore, it’s important to consult with a criminal defense attorney if you are facing charges for this offense.

What to Do If Arrested for Assault on a Public Servant

If you have been arrested for assault on a public servant in Texas, it is important to take the following steps:

  • Exercise your right to remain silent. You have the right to remain silent and not incriminate yourself. It is important that you do not say anything to law enforcement officials without first consulting with an attorney.

  • Hire an experienced criminal defense attorney. Assault on a public servant is a serious offense. You will need an experienced criminal defense attorney to represent you in court. Your attorney can advise you on your legal options and help you develop a strong defense strategy.

  • Gather evidence. Your attorney may need to gather evidence to support your defense, such as witness statements, video footage, and medical records.

  • Attend all court appearances. It is important that you attend all court appearances related to your case, including arraignment, pre-trial conferences, and trial. Failing to appear in court can result in additional charges and penalties.

  • Follow the court’s orders. If you are released on bail or other conditions, it is important that you comply with all court orders. Failing to do so can result in additional charges and penalties.

  • Be respectful to the court and law enforcement officials. It is important that you remain respectful to the court and law enforcement officials throughout the legal process. Any disrespectful or threatening behavior can harm your case.

Assault on a public servant is a serious offense in Texas. You will need a experienced criminal defense attorney to help you navigate the legal system and protect your rights.

Why Hire a Criminal Defense Lawyer?

There are several reasons why it’s important to hire a criminal defense lawyer if you’ve been charged with assault on a public servant in Texas. Here are some of the main reasons:

  • Experienced legal representation: Assault on a public servant is a serious offense with potentially severe penalties, and you need an experienced criminal defense lawyer who knows the law and has experience defending clients in similar cases.

  • Legal knowledge: A criminal defense lawyer can help you understand the charges against you, the potential penalties, and the legal defenses that may be available to you.

  • Strong defense strategy: A criminal defense lawyer can help you develop a strong defense strategy that takes into account the facts of your case, the evidence against you, and your legal options.

  • Negotiation skills: A criminal defense lawyer can negotiate with prosecutors to try to get your charges reduced or dismissed or to reach a plea agreement that minimizes your penalties.

  • Protection of your rights: A criminal defense lawyer can protect your constitutional rights throughout the legal process, including your right to remain silent, your right to due process, and your right to a fair trial.

  • Emotional support: Being charged with a serious offense like assault on a public servant can be stressful and overwhelming, and a criminal defense lawyer can provide emotional support and guidance throughout the legal process.

Arrested? Don’t Plea, Call Me!

If you find yourself or a loved one facing assault on a public servant charges in Texas. You will need an experienced defense attorney to protect your legal rights. You need our experienced assault defense attorneys at Texas Criminal Defense Group.