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.
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.
