Assault Public Servant Texas
What Constitutes Assault Public Servant?
Under Texas Penal Code Section 22.01(a)-(b), a person commits assault on a public servant when they intentionally, knowingly, or recklessly cause bodily injury to an individual they know is a public servant engaged in the lawful discharge of an official duty, or in retaliation for the exercise of official power. This definition expands on the broader legal framework where a person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another, including threats of imminent harm, with specific provisions for offenses against public servants.
In other words, assault on a public official or 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 Assaulting a Public Servant?
Assault on a Public Servant is a third degree felony, punishable by 2 to 10 years in prison. Additionally, if the offense is committed in a civil commitment facility, it is considered a third degree felony, highlighting the severity of such actions within these settings. A fine of up to $10,000 can also be imposed. The statute of limitations for this charge is three years in Texas.
Assault on a Peace Officer: Scottie Scheffler As an Example
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, emergency services personnel, including emergency medical services personnel and emergency room personnel. This encompasses individuals who provide critical services for the benefit of the general public during emergency situations, specifically highlighting the roles of those in medical emergencies and in the emergency room, underlining their protection under the law.
Who is a Public Servant?
A public servant is a person who is employed, appointed, or elected as a:
- A police officer;
- Police officers;
- 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.
- Hospital personnel (TX SB840, effective Sept. 1, 2023)
The distinctive uniform or badge they wear indicates their employment as a public servant.
Watch this Review from a Varghese Summersett Client: https://www.youtube.com/embed/vKhXn-9SI8U
What is Aggravated Assault against a Public Servant?
If the assault against a public servant or government official causes serious bodily injury or involved the use or exhibition of a deadly weapon, the offense becomes Aggravated Assault on a Public Servant. This charge is a first degree felony in Texas, punishable by up to life in prison and a maximum $10,000 fine.
What is the Statute of Limitations for Assaulting a Public Servant?
The statute of limitations for assaulting a public servant is three years in Texas.
What is Harassment of a Public Servant?
Harassment of a public servant occurs 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.
Harassment of a Public Servant is a third degree felony, punishable by 2 to 10 years in prison. A fine of up to $10,000 can also be imposed. The statute of limitations for harassment of a public official is three years in Texas.
Actual Case Results · Varghese Summersett
Varghese Summersett Case Results in Assault on a Public Servant Cases
The felony turned on whether our client knew who he was fighting. Every case below is a real matter our attorneys handled and resolved for an actual client of this firm. These are Varghese Summersett’s own results, not hypotheticals, not industry examples, and not another firm’s work. Identifying client details have been removed.
Assault of a Peace Officer Reduced to Class A Misdemeanor Assault
- Charge
- Assault of a Peace Officer, Tex. Penal Code 22.01(b)(1)
- Charge level
- Third-degree felony
- What our client faced
- 2 to 10 years in prison and a fine up to $10,000
- Venue
- Tarrant County
- Handled by
- Varghese Summersett
An ordinary bodily injury assault becomes a third-degree felony when the complainant is a public servant lawfully discharging an official duty and the accused knows it. That knowledge element is what we attacked. Officers responded to reports of a shooting and a large altercation outside a restaurant complex involving people from two unrelated groups, an alleged firearm discharge, and several separate confrontations. An off-duty officer from another department stepped in as a bystander, and police alleged our client, who was heavily intoxicated, pushed or struck him. We reviewed body-camera footage from five separately recorded officer encounters. In his initial accounts, the complainant did not say he had identified himself as law enforcement before the contact. That detail surfaced only after responding officers prompted him while discussing what could be charged. A delayed statement is not automatically false, but this one was essential to the felony enhancement and absent from multiple first accounts, and the recordings documented exactly when it appeared and what questions preceded it. The footage also showed a fast-moving brawl rather than a targeted attack. Our client said he believed he acted in self-defense, told officers repeatedly that he could not recall significant parts of it, and asked to review the video before accepting responsibility for anything he could not remember. During the same fight an unrelated participant held him at gunpoint and struck him with a pistol, leaving him with worse injuries than the bruising and scratches documented on the complainant.
Result Varghese Summersett obtained: the third-degree felony was reduced to Class A misdemeanor assault causing bodily injury, resolved through two years of deferred adjudication with no fine.
An accusation is not a conviction. Past results do not guarantee future outcomes, and every case depends on its own facts.
Experienced Criminal Defense Attorney Defends Assault Allegations in Fort Worth
Any allegation of assaulting a public servant is going to be taken seriously. Other officers, the filing detective, and the prosecutor will likely assume the worst. Our attorneys will carefully analyze the state’s evidence to see if the elements of the offense can be met. We’ve had cases dismissed after finding 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 and aggravated assault against a public servant are serious felony offenses that 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. We can help. Call 817-203-2220 to speak with a member of our team.