Assault Public Servant | Aggravated Assault Public Servant

assault public servant

What is Assault Public Servant?

Pursuant to Penal Code Section 22.01(a)-(b), assault on a public servant is the intentional, knowing, or reckless causation of bodily injury of a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation to the exercise of official power of a public servant. In other words, assault on a public servant is an assault charge with two additional elements: knowing the person is a public servant and while the public servant was lawfully discharging an official duty.

What is the punishment for Assault Public Servant?

Assault on a Public Servant is a third degree felony so the punishment range is a two to ten years in prison. A fine of up to $10,000 can also be imposed.

What is the Statute of Limitations for Assault Public Servant?

The Statute of Limitations for Assault on a Public Servant is three years in Texas.

Presumption of Knowledge

Penal Code Section 22.01(d) creates a presumption that the actor knew the person assaulted was a public servant if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer or emergency services personnel.

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Who is a Public Servant?

A public servant is a person who is employed, appointed, or elected as a:

  • A police officer;
  • An employee of the government;
  • An agent of the government;
  • A juror or grand juror;
  • An attorney performing a government function;
  • A candidate for public office; etc.

What is Aggravated Assault Public Servant?

Pursuant to Penal Code 22.02 If the assault on a public servant causes serious bodily injury of the public servant or involved the use or exhibition of a deadly weapon, the offense becomes Aggravated Assault on a Public Servant.

What is the punishment for Aggravated Assault Public Servant?

Aggravated Assault on a Public Servant is a First Degree felony in Texas. The punishment can be up to life in prison and up to a $10,000 fine.

What is the Statute of Limitations for Aggravated Assault Public Servant?

The Statute of Limitations for Aggravated Assault on a Public Servant is three years in Texas.

What is Harassment of a Public Servant?

Pursuant to Penal Code Section 22.11, harassment of a public servant is when a person, with the intent to assault, harass, or alarm the public servant, causes the public servant to be contacted by blood, semen, vaginal fluid, urine or feces knowing the person is a public servant and while the public servant was lawfully discharging an official duty.

What is the punishment for Harassment of a Public Servant?

Harassment of a Public Servant is a third degree felony so the punishment range is a two to ten years in prison. A fine of up to $10,000 can also be imposed.

What is the Statute of Limitations for Harassment of a Public Servant?

The Statute of Limitations for Harassment of a Public Servant is three years in Texas.

What should you do if you are charged with Assault or Aggravated Assault Public Servant?

Understand that any allegation of assaulting a public servant is going to be taken seriously. Other officers, the filing detective, and the prosecutor is likely to assume the worst. We carefully analyze the State’s evidence to see if the elements of the offense can actually be met. Among our dismissed cases are ones where found favorable video or audio proof that our client was not guilty of the offense charged. Similarly finding witnesses and securing statements can be vital in your defense. Ultimately, both Assault on a Public Servant and Aggravated Assault are serious felony offenses and must be presented to the grand jury for indictment. In most cases that is the first real opportunity to terminate the prosecution. There are two important things to remember. First and foremost, do not give any statements to the police. Second, contact an experienced criminal defense attorney as soon as possible to proactively begin defending the case against you.

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Call for a complimentary strategy session. During this call we will:

Discuss the facts of your case;
Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.
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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese
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