Table of Contents
- Assault Against Public Servants in Texas
- Who is Considered a Public Servant in Texas?
- How Texas Penal Code § 22.01 Enhances These Charges
- Real-World Examples of Assault Against Public Servants
- Example 1: Police Officer During Arrest
- Example 2: EMT at the Scene of an Overdose
- Example 3: Jail Guard in Galveston County
- What the Prosecution Must Prove
- Penalties for Assault on a Public Servant
- Third-Degree Felony
- Additional Consequences
- Defenses to Assault on a Public Servant Charges
- Lack of Knowledge
- Self-Defense
- No Bodily Injury Occurred
- No Official Duty
- Lack of Intent
- How These Cases Are Handled in Harris and Galveston Counties
- In Harris County
- In Galveston County
- Why You Need a Lawyer Near You
- Final Thoughts
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Assault Against Public Servants in Texas
In Texas, assault is a serious charge in any circumstance—but if the alleged victim is a public servant , the consequences increase dramatically. What might be charged as a misdemeanor in a typical setting is often automatically elevated to a felony when a public servant is involved.
Whether you’re in Harris County or Galveston County , courts take these cases seriously. Prosecutors are often less willing to negotiate, and judges are quick to impose strict bond conditions and aggressive sentencing.
In this post, we’ll break down:
Who is Considered a Public Servant in Texas?
Under Texas Penal Code § 1.07(a)(41) , a “public servant” includes a wide range of government-affiliated roles, including:
The key requirement is that the person was performing a governmental duty or official function at the time of the alleged assault.
How Texas Penal Code § 22.01 Enhances These Charges
Under Texas Penal Code § 22.01(b)(1) , assault is enhanced from a Class A misdemeanor to a third-degree felony if:
This means that even minor injuries , such as bruises or soreness, can result in 2 to 10 years in prison and a felony record —if the alleged victim is a public servant.
Real-World Examples of Assault Against Public Servants
Example 1: Police Officer During Arrest
During a tense arrest, a suspect pushes away a police officer attempting to handcuff them. The officer sustains a minor injury to their wrist.
Charge: Third-degree felony assault on a public servant Penalty: 2–10 years in prison and up to $10,000 in fines
Example 2: EMT at the Scene of an Overdose
An EMT attempts to assist someone experiencing a medical emergency. The person, disoriented and agitated, shoves the EMT and yells at them to leave.
Charge: Assault on a public servant—even if there was no intent to cause harm Penalty: Same as above, depending on injury and mental state
Example 3: Jail Guard in Galveston County
An inmate throws a cup of water at a jail guard, striking their uniform. The guard feels disrespected and files a report.
Charge: Could be elevated to felony assault, depending on the prosecutor’s interpretation of “bodily injury” or offensive contact
In Galveston County , where jail and correctional staff are often involved in these cases, prosecutors are known for aggressively pursuing charges—even in incidents where injuries are minimal.
What the Prosecution Must Prove
To convict someone of assault on a public servant, the prosecution must show that:
This last part—knowledge—is often disputed. If the public servant was off-duty or not clearly identified, it could undermine the enhancement.
Penalties for Assault on a Public Servant
Third-Degree Felony
Additional Consequences
This charge is also not eligible for non-disclosure or expungement in most cases, meaning it remains on your record permanently.
Defenses to Assault on a Public Servant Charges
A strong defense can make a huge difference in the outcome of these cases. Your attorney may pursue one or more of the following defenses:
Lack of Knowledge
You didn’t know the person was a public servant. For example, they weren’t in uniform, or you believed they were a private security guard or civilian.
Self-Defense
The public servant used excessive force, and you reacted to protect yourself. This is a common defense in cases involving arrests or jail encounters.
No Bodily Injury Occurred
Minor contact without injury may not rise to the level of felony assault. Prosecutors must prove the injury meets the statutory threshold.
No Official Duty
The public servant was off-duty or acting outside the scope of their official duties.
Lack of Intent
You didn’t intend to cause harm. This may be particularly relevant in medical emergencies or mental health crises.
An experienced criminal defense lawyer near you can evaluate surveillance footage, body cam recordings, witness statements, and officer reports to challenge the state’s version of events.
How These Cases Are Handled in Harris and Galveston Counties
In Harris County
In Galveston County
You can read more about Galveston’s approach in How Assault Cases Are Handled Differently in Galveston County Courts
Why You Need a Lawyer Near You
If you’ve been charged with assault on a public servant in Texas, you’re facing one of the most politically and emotionally charged offenses in the criminal justice system .
Even if the incident was minor or unintentional, prosecutors will rarely go easy on you—especially if law enforcement is involved.
At the Law Office of JL Carpenter , we’ve successfully defended clients in Harris and Galveston Counties facing public servant assault charges. JL Carpenter is a former felony prosecutor , giving her firsthand insight into how the state builds—and overreaches—its cases.
We will fight to get your charges reduced or dismissed, protect your rights in court, and pursue every possible avenue to keep a felony off your record.
Final Thoughts
An assault charge is serious. An assault charge involving a public servant is far more severe. In Texas, the law imposes tougher penalties, higher standards, and longer-lasting consequences on these offenses.
Don’t face it alone.
