Penalty for Assault on a Public Servant in Texas

All assault charges in Texas are serious, but in some cases, the charges are even more serious. Even if an assault might normally be seen as a misdemeanor, if the person assaulted is a public servant, it is treated as a felony. These charges carry consequences, including a prison sentence, loss of rights, and a permanent criminal record.

Those who have been charged with, or might be charged with, an assault on a public servant should get an attorney as soon as possible. Sparks Law Firm has been working with clients in Fort Worth for many years, and the team can help their clients get the best possible outcome. They can also advise on reducing assault charges in Texas.

What Is Assault on a Public Servant? Understanding Texas Penal Code

Texas Penal Code 22.01(b)(1) allows a person to be charged with assault on a public servant if they do the following:

Intentionally, knowingly, or recklessly causes bodily injury to a person they know is a public servant, and the alleged victim was working in their official duty at the time of the incident.

To better clarify this, if a security officer is the alleged victim, and they were on the clock, this can cause the alleged assault to have an elevated charge. However, if a security officer is off duty, and a person commits assault against them, it would not be an elevated charge, unless something else makes it elevated.

Who Qualifies as a Public Servant?

According to Texas law, a “public servant” includes:

• Police officers

• Hospital personnel, which includes nurses

• Emergency room personnel

• Firefighters

• EMTs, paramedics, emergency services personnel, and others providing emergency services

• Judges

• Process servers

• Grand jurors

• Correctional officers

• Probation officers

• Public school employees

• Other government employees acting in an official capacity

This is a broad definition. This means that many people who interact with the public may fall under this category.

Penalties for Assault on a Public Servant

In most cases, an assault on a public servant is classified as a third-degree felony in Texas. This is much more serious than a misdemeanor assault, which may include time in county jail. These are more serious charges, and have penalties including up to 10 years in prison and up to $10,000 in fines.

Since this is a felony, it can affect the person's employment, they can lose gun rights, they might lose a professional license, and they will have a permanent record showing the criminal offense.

Aggravating Factors That Can Increase the Penalty

There are some factors that can further elevate the charge or punishment. These include:

• Using a deadly weapon during the assault

• If the person intentionally causes bodily injury

• Assault that occurs during the commission of another crime, which is also a felony

• A prior conviction for a violent crime

Examples of Assault on a Public Servant

Here are some of the common scenarios that may cause a person to be charged with this crime:

• A person strikes a police officer when resisting arrest

• Someone pushes a paramedic that is administering aid at a crash scene.

• A person intentionally attacks a nurse on hospital property

• A person throws a brick at a peace officer during a peaceful protest causing serious bodily injury

• Someone tries to attack a city council member at a governmental function

Even a minor act of aggression can result in a felony charge if the alleged victim is a public servant.

Defenses Against the Charge

The penalties may be steep for an assault against a public servant, but a charge doesn't mean a conviction. A defense attorney can help the accused move through the legal process by using these common assault defenses:

1. Lack of Knowledge

If an assault involves a public servant with official power, but the defendant did not know this, it's possible that the charge could be reduced. This might happen if the person didn't have a badge indicating who they were, or a distinctive uniform.

2. Self-Defense

If the public servant acted with unlawful force, the defendant may be able to claim self-defense. In this case, even lawfully discharging a weapon can be self-defense in some cases.

3. The Public Servant Was Not Performing Official Duties

If the alleged victim was off-duty and part of the general public, or if they were not engaged in official work, the charge could be reduced.

4. No Intent to Cause Injury

Texas law requires that the prosecution prove without a reasonable doubt that the accused person was intentionally, knowingly, or recklessly causing the assault. If this can't be done, there may not be any charges, or the charges may be reduced.

Prosecutors Take These Cases Seriously

Prosecutors take these cases very seriously, and they will do all they can to show that the actor's conduct caused physical injury to the victim. The Texas Legislature has made sure that these people are treated with respect. People like a commissioned security officer, physician assistants, or anyone working in a governmental capacity are seen to be essential or public order and safety.

The law doesn't take kindly to those who provide services to the public being treated with violence, or even the threat of violence. This means that criminal charges might be elevated and penalties might be more severe.

Keep in mind that many times, these cases may include facts that are unclear, or have mitigating circumstances that might help. A defense lawyer can look at the case and consider a plea bargain, which can bring about a lesser charge or reduce a first or second degree felony to a third degree felony or misdemeanor. It's also possible that an aggravated assault can be downgraded to a simple assault. They can advise on all criminal defense laws.

In these cases, it can be difficult to seal or expunge a record. However, if the case is fully dismissed, the accused is legally qualified to ask for a nondisclosure, which means the record is sealed from public view.

Working with a law office early in the process can put the case on a positive track from the start, which helps to ensure the best possible outcome.

What to Do If Charged with Assault Against a Public Servant

For those who are charged with assault against a public servant, there are things that should be done immediately:

• Don't speak to any law enforcement without a lawyer present

• Avoid sharing information about the case with others or posting about it on social media

• Gather evidence that supports the case, including witness contact information, documents, or video footage

• Contact a criminal defense attorney who has experience with assault cases

Work with a Criminal Defense Attorney from Sparks Law Firm

Assault on a public servant is a very serious felony in Texas, and it can greatly change a person's life. However, working with a skilled attorney can help a person get reduced charges, lesser sentences, or even a dismissal of the case. This is especially true if the case doesn't have a clear intent, if self-defense can be applied, or if there was misconduct by the alleged victim. They can also answer questions such as What is the law for assault with a deadly weapon in Texas?

The team at Sparks Law Firm works with clients who are facing these charges. They understand the law at a local level, and are in the unique position to help clients protect their rights and get the best outcome possible. Call the firm today for a free consultation.