Assault Against Public Servants in Texas

Criminal defense lawyer near you discussing assault charges against a public servant in Texas with a concerned client

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 qualifies as a public servant under Texas law

  • What legal elements must be met to enhance an assault charge

  • Penalties and examples

  • Common defenses

  • Why hiring a lawyer near you is critical

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:

  • Police officers

  • Sheriff’s deputies

  • Correctional officers

  • Judges

  • Prosecutors

  • Emergency medical personnel (EMTs)

  • Firefighters

  • Public school teachers and administrators (in some circumstances)

  • Elected officials

  • Employees of governmental agencies acting in their official capacity

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:

  1. The defendant intentionally, knowingly, or recklessly causes bodily injury

  2. The victim is a public servant

  3. The public servant was lawfully discharging an official duty

  4. The defendant knew the victim was a public servant

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:

  • The assault was intentional, knowing, or reckless

  • The victim was clearly identifiable as a public servant

  • The public servant was performing official duties

  • The defendant knew or had reason to know of the victim’s status

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

  • 2 to 10 years in prison

  • Up to $10,000 fine

  • Possible probation or deferred adjudication (depending on the facts and prior record)

Additional Consequences

  • Loss of gun rights

  • Difficulty finding employment

  • Ineligibility for professional licenses

  • Possible immigration consequences for non-citizens

  • Stigma of having a felony conviction tied to violence against law enforcement or first responders

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

  • Specialized prosecutors often handle public servant assault cases

  • Bond conditions may include no-contact orders, GPS monitoring, or anger management

  • Prosecutors typically push for jail time rather than probation—even for first-time offenders

In Galveston County

  • Jail-related assault charges are common due to the presence of the county jail and sheriff’s office

  • Judges may be less receptive to plea deals

  • Prosecutors may seek maximum sentencing when the victim is a law enforcement officer

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.

Call the Law Office of JL Carpenter at (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to speak with a trusted lawyer near you who understands the complexities of these high-stakes cases.