Assault on a Dallas Public Servant | Best Lawyer

What is an Assault on a Dallas Public Servant?

Assault on a Dallas public servant occurs when a person intentionally, knowingly, or recklessly causes bodily injury to a person they know is a public servant while the public servant is engaged in an official duty,” or in retaliation to the exercise of official power of a public servant,” according to the Texas Penal Code.

Under Penal Code 22.01, an assault on a public servant charge must include two crucial elements:

The person committing the assault must know the person is a public servant, and
The public servant was lawfully acting in their official capacity.

In this blog post, we’ll explain an assault on a public servant, who is considered a public servant in Texas, and some of the collateral consequences of a conviction.

What’s the punishment for assault on a Dallas public servant?

At a minimum, an assault on a public servant in Texas is a third-degree felony. A conviction is punishable by two to 10 years in prison and up to a $10,000 fine. Other circumstances, however, could increase the charges. Here’s a look at the penalty ranges:

Third-degree felony: Two to 10 years in prison, a fine of up to $10,000. Assault on a Public Servant is generally considered a Third Degree Felony in Texas. This occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse, and the offense is committed against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.

Second-degree felony: Two to 20 years in prison, a fine of up to $10,000. Assault on a Public Servant becomes a Second Degree Felony if the person who commits the assault is also guilty of aggravated assault. Aggravated assault includes causing serious bodily injury or using or exhibiting a deadly weapon during the commission of the assault.

First-degree felony: Five years to life in prison, a fine of up to $10,000. This is the offense range for cases where a weapon was used during the assault against a public servant and the assault resulted in serious bodily injury.

What does a presumption of knowledge mean in Texas?

In Texas Penal Code Section 22.01(d), a presumption is included that presupposes the offender knew the person was a public servant if they were wearing a distinctive uniform or badge indicating the person’s position as a public servant, security officer, or emergency services officer.

Who is considered a public servant in Texas?

Assault on a Dallas public servant means any person who is employed, elected, selected, appointed, or otherwise designated as one of the following, even if they have yet qualified for office or assumed their duties:

an officer, employee, or agent of the government
a juror or grand juror
an arbitrator, referee, or person who is authorized by law or a written agreement to hear or determine a cause or controversy
an attorney or notary public if participating in the performance of a governmental function
a candidate for nomination or election to public office
a person who is performing a governmental function under a claim of right although he is not legally qualified to do so

What is the statute of limitations for assault on a Dallas public servant?

The statute of limitations for an assault on a public servant charge in Texas is three years from the date of the alleged incident.

Is assault on a Dallas public servant a hate crime?

Yes, Texas made it a hate crime to assault a peace officer or judge in 2017. Article 42.014 of the Texas Code of Criminal Procedure states:

“the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed, or intentionally selected the person’s property that was damaged or affected as a result of the offense, because of the defendant’s bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference or by status as a peace officer or judge.”

The 2017 bill included two additional sections to clarify what is covered under the code. The sections state that it’s a second-degree felony:

“if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge” or the offense “is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.”

This change enhanced the charge of assault on a Dallas public servant from a third-degree felony to a second-degree felony. A second-degree felony carries a penalty of two to 20 years in prison and a fine of up to $10,000. A third-degree penalty carries a punishment of up to 10 years.

What is harassment of a Dallas public servant?

Harassment of a Dallas public servant occurs when someone has the intent to assault, harass, or alarm a public servant and causes the public servant to come in contact with blood, semen, vaginal fluid, urine, or feces while knowing the person is a public servant who is lawfully discharging official duties. These cases of assault on a Dallas public servant often occur in correctional facilities.

The offense is a third-degree felony and, if convicted, is punishable by two to 10 years in prison and a fine of up to $10,000. The statute of limitations is three years in Texas.

Can you be charged with assault of a Dallas public servant with no physical contact?

Yes. Prosecutors only need to prove the public servant felt threatened by bodily harm to get a conviction on the charge. Physical contact does not need to occur. The public servant only needs to allege that a person’s actions caused them to be in fear of imminent serious bodily injury or death.

What are the collateral consequences of an assault on a Dallas public servant conviction?

A felony conviction for an assault on a Dallas public servant will impact your life even after you’ve served your sentence. A felony conviction that involves assault could affect your ability to find employment or rent a home. If you have children, it could affect your visitation rights. The long-term impact of these collateral consequences is why it’s important to fight the charges against you with the help of an experienced Dallas defense lawyer.

Need an Assault on a Dallas Public Servant Lawyer? Call us.

Suppose you’re facing a charge of assault against a public servant. In that case, you need to do two things: Never give the police any statements and consult with an experienced assault on a Dallas public servant lawyer today. The sooner your defense attorney is involved, the sooner they can proactively start defending the case against you.

Aggravated assault and assault against a public servant are serious felony offenses that require a grand jury for indictment. In most cases, that’s the first chance for a defense attorney to advance the termination of the prosecution.

The criminal defense team at Varghese Summersett will diligently analyze the state’s evidence to determine if the elements of the offense can be met. Our defense team has had cases dismissed after finding favorable video or audio proof that our client was not guilty of the charged offense.

For a free consultation where we’ll get to know the specifics of your situation and explain how we approach cases, call us at 214-903-4000.