In Texas, assault is taken seriously, and the penalties can be severe, especially when the victim is a public servant. Assault on a public servant is a criminal offense defined under the Texas Penal Code, and it occurs when a person intentionally or recklessly harms or threatens a public servant while they are performing their official duties. Understanding what constitutes an assault on a public servant, the legal consequences, and how the law works can help those facing these charges navigate the legal process more effectively.
Definition of Assault on a Public Servant
Assault under Texas law refers to intentionally, knowingly, or recklessly causing bodily injury to another person or threatening them with imminent harm. When this crime is committed against a public servant—such as a police officer, firefighter, emergency medical technician (EMT), or another individual serving in a government capacity—the crime becomes more serious, classified as a third-degree felony.
Texas Penal Code Section 22.01 provides the basis for assault on a public servant. Specifically, a person commits assault on a public servant if they:
- ntionally, knowingly, or recklessly cause bodily injury to a public servant.
- Intentionally or knowingly threaten a public servant with imminent bodily injury.
- Intentionally or knowingly cause physical contact with a public servant when the person knows or should reasonably believe that the public servant will regard the contact as offensive or provocative.
The public servant must be lawfully performing their duties at the time of the assault for the crime to be classified as assault on a public servant. This could include an officer making an arrest, a firefighter responding to an emergency, or a teacher overseeing students during school activities.
Who is Considered a Public Servant?
Under Texas law, a public servant is anyone who holds an official position or works in a governmental capacity. Common examples include:
- Police officers (local, state, and federal)
- Firefighters and paramedics
- Emergency medical technicians (EMTs)
- Judges and court officers
- Correctional officers and probation officers
- Public school teachers and other school staff
- Government employees performing official duties
It is important to note that the person being assaulted must be acting in their official capacity when the assault occurs. For example, if a police officer is off-duty and not engaged in their duties, they may not be considered a public servant under these charges.
Penalties for Assault on a Public Servant
Assault on a public servant is considered a third-degree felony in Texas, and this charge carries significant penalties:
Imprisonment: 2 to 10 years in prison
Fines: Up to $10,000
These penalties can increase if the assault involves aggravating factors, such as the use of a deadly weapon or if the assault causes serious bodily injury. In these cases, the charges may be elevated to a second-degree felony or even a first-degree felony.
In cases of aggravated assault on a public servant, the potential consequences are more severe:
Second-degree felony: 2 to 20 years in prison
First-degree felony: 5 to 99 years in prison (if the injury or weapon used is severe enough)
If you’re facing these serious charges, a Fort Bend assault lawyer can help you understand your options and build a strong defense against potentially life-altering penalties.
Common Examples of Assault on a Public Servant
- A person striking a police officer during an arrest.
- A person physically fighting with a firefighter while they are responding to an emergency call.
- A defendant pushing or shoving an officer during a traffic stop or investigation.
- A person threatening to harm a teacher during school hours.
- Using a weapon to injure or threaten a public servant during an altercation.
The law does not require the public servant to suffer significant injury to press charges. Even minor injuries or threatening actions can result in a felony conviction if committed against a public servant.
Legal Defenses for Assault on a Public Servant
Although the charge of assault on a public servant is serious, there are legal defenses that can be raised in response to the allegations. Some of these defenses include:
Self-Defense: If the person was acting to protect themselves from harm, they may have a valid self-defense argument. This defense applies if the public servant was using excessive force or otherwise acting unlawfully.
False Accusations: If the individual is falsely accused of assaulting a public servant, they can challenge the evidence and prove their innocence.
Mistaken Identity: The defendant may claim that they were not the person who committed the assault or that they were not the one who harmed the public servant.
Lack of Intent: In some cases, a defendant may argue that the assault was not intentional or that they did not mean to harm the public servant.
If you or someone you know has been charged with assaulting a public servant in Texas, don’t hesitate to seek a Fort Bend criminal defense attorney. Defending yourself against these charges can help you avoid severe consequences and protect your future.
