Denton County Assault Public Servant Defense | Free Consult

Assault on a public servant is a serious felony charge in Texas that carries enhanced penalties compared to standard assault. If you’re facing this charge in Denton County, you’re dealing with allegations that you caused bodily injury to a police officer, firefighter, EMT, or other public servant while they were on duty. These cases are prosecuted aggressively, and a conviction can result in years in prison and a permanent felony record.

The stakes are high. Even if the injury was minor or the situation was misunderstood, prosecutors in Denton County often push for the harshest penalties available. This is why having an experienced criminal defense attorney from the start is critical to protecting your rights and your future.

What Assault on a Public Servant Means Under Texas Law

Under Texas Penal Code § 22.01(b)(1), assault on a public servant occurs when you intentionally, knowingly, or recklessly cause bodily injury to someone who is a public servant while they are lawfully discharging their official duties. This includes retaliation against the person for performing their duties.

Public servants covered by this statute include:

• Police officers
• Sheriff’s deputies
• Correctional officers
• Firefighters
• EMTs and paramedics
• Judges
• Code enforcement officers
• Security officers

The critical factor is that the person must have been acting in their official capacity at the time of the alleged assault. Simply being employed as a public servant is not enough. The prosecution must prove they were performing their lawful duties when the incident occurred.

What counts as “bodily injury” can be surprisingly broad. It includes physical pain, illness, or any impairment of physical condition. This means even minor injuries like scratches, bruises, or temporary pain can support a felony charge.

Who Can Arrest You and Bring Charges

In Denton County, arrests for assault on a public servant typically occur at the scene of the incident. The arresting officer will likely be one of the following:

• Denton Police Department
• Denton County Sheriff’s Office
• Lewisville Police Department
• Flower Mound Police Department
• The Colony Police Department
• Little Elm Police Department

Once arrested, you’ll be taken to the Denton County Jail for booking and processing. The Denton County District Attorney’s Office will review the case and decide whether to formally charge you with assault on a public servant.

Penalties and Consequences

Assault on a public servant is a third-degree felony in Texas. The punishment range is severe and includes:

• 2 to 10 years in state prison
• A fine of up to $10,000
• Permanent felony conviction on your record

Unlike misdemeanor assault, which can often be resolved with probation or deferred adjudication, felony assault on a public servant cases are prosecuted much more harshly. Even first-time offenders face the real possibility of prison time.

Collateral Consequences of a Conviction

Beyond jail time and fines, a conviction for assault on a public servant carries long-term consequences that can affect every part of your life:

Employment: A felony conviction will appear on background checks and can disqualify you from jobs in healthcare, education, government, and many other fields. Professional licenses may be suspended or revoked.

Housing: Landlords routinely deny rental applications from individuals with felony convictions, making it difficult to find housing.

Voting Rights: While your right to vote is restored after completing your sentence in Texas, you cannot vote while incarcerated or on parole.

Gun Rights: A felony conviction means you can no longer legally possess firearms under both state and federal law.

Immigration Status: If you’re not a U.S. citizen, a felony conviction can result in deportation proceedings or denial of naturalization.

Education: You may be ineligible for federal student loans or certain scholarships with a felony on your record.

What to Expect for Bond in Denton County

Bond amounts for assault on a public servant vary based on the specific facts of your case, your criminal history, and the severity of the alleged injury. While comprehensive Denton County bond data is not yet available, we can look at data from neighboring Tarrant County to understand typical bond amounts for this offense.

In Tarrant County, analysis of bond amounts set under Texas Penal Code § 22.01(b)(1) shows that the most common bond set for assault on a public servant was $5,000. However, the average bond across all cases was significantly higher at approximately $9,069. This means that while many defendants receive a $5,000 bond, others face substantially higher amounts depending on case-specific factors.

Several factors can influence your bond amount in Denton County:

• The severity of the injury to the public servant
• Whether weapons were involved
• Your prior criminal history
• Whether you have previous failures to appear in court
• Ties to the community (employment, family, residence)
• Flight risk assessment

If you believe your bond is set too high, an experienced Denton County defense attorney can file a motion for bond reduction. This requires presenting evidence to the court that you are not a flight risk and do not pose a danger to the community.

Schedule a Free Consultation with our Denton County criminal defense team to discuss your bond situation and explore your options for getting released from custody while your case is pending.

Common Defenses to Assault on a Public Servant Charges

Every case is different, but there are several defenses that may apply to your situation. An experienced criminal defense attorney will investigate the facts and build a strategy based on the specific circumstances of your arrest.

Self-Defense or Defense of Others

Texas law recognizes your right to defend yourself or others from unlawful force. If the public servant used excessive force or was acting outside the scope of their authority, you may have been legally justified in defending yourself. The key is whether your response was reasonable and proportionate to the threat you faced.

Accident or Lack of Intent

Assault requires that you acted intentionally, knowingly, or recklessly. If the contact was purely accidental, you did not commit assault. For example, if you were trying to pull away during an arrest and accidentally struck an officer, this may not meet the legal definition of assault.

The Officer Was Not Acting in Their Official Capacity

The statute requires that the public servant was “lawfully discharging an official duty” at the time of the alleged assault. If the officer was off-duty, acting outside their jurisdiction, or performing an unlawful act, this element of the offense may not be met.

Insufficient Evidence of Bodily Injury

The prosecution must prove beyond a reasonable doubt that the public servant suffered bodily injury. If there is no physical evidence of injury, no medical treatment sought, and conflicting testimony about whether any pain or impairment occurred, the evidence may be insufficient to support a conviction.

Mistaken Identity or False Accusation

In chaotic situations involving multiple people, officers sometimes misidentify who actually caused an injury. Witness testimony, video evidence, and a thorough investigation can sometimes reveal that you were not the person who committed the assault.

Violation of Constitutional Rights

If police violated your Fourth Amendment rights through an unlawful arrest or search, or your Fifth Amendment rights by coercing a statement, evidence obtained as a result may be suppressed. This can significantly weaken the prosecution’s case.

What Happens After an Arrest in Denton County

Understanding the criminal court process can help you know what to expect and prepare accordingly. Here’s what typically happens after you’re arrested for assault on a public servant in Denton County:

Booking and Initial Detention: After arrest, you’ll be taken to the Denton County Jail for booking. This involves fingerprinting, photographing, and recording your personal information. You’ll remain in custody until you post bond or see a judge.

Magistrate Appearance: Within 48 hours of your arrest (excluding weekends and holidays), you must appear before a magistrate judge. The magistrate will inform you of the charges, set bond, and advise you of your rights. This is not the time to explain your side of the story. Say nothing without an attorney present.

Posting Bond: Once bond is set, you can post the full amount or hire a bail bondsman who will post it for you in exchange for a non-refundable fee (typically 10% of the bond amount).

Arraignment: At your arraignment, you’ll be formally charged and asked to enter a plea. Never plead guilty without consulting an attorney first. Most defendants enter a plea of not guilty at this stage.

Discovery and Investigation: Your attorney will request discovery from the prosecution, which includes police reports, witness statements, body camera footage, medical records, and any other evidence. This is also when your attorney conducts an independent investigation, interviewing witnesses and gathering evidence in your defense.

Pretrial Hearings and Negotiations: Before trial, there will be multiple court appearances where your attorney can file motions to suppress evidence, challenge the legality of the arrest, or negotiate with prosecutors for a reduction or dismissal of charges.

Trial or Plea Agreement: If your case cannot be resolved through pretrial negotiations, it will proceed to trial. You have the right to a jury trial where 12 jurors must unanimously agree on your guilt beyond a reasonable doubt. Alternatively, if a favorable plea agreement is reached, you may choose to accept it to avoid the uncertainty of trial.

Sentencing: If convicted at trial or through a plea agreement, you’ll proceed to sentencing where the judge (or jury, in some cases) determines your punishment within the statutory range.

Real Case Example: Assault on Public Servant Charge Avoided

In June 2025, our firm represented a client who was facing an assault on a public servant charge at the intake stage before it was formally filed. The situation involved an altercation where the client allegedly caused injury to an officer during an arrest.

Our attorney immediately began working with the client to gather mitigating evidence and present a comprehensive case to the prosecutor at intake. This included character references, medical records, witness statements, and a detailed account of what occurred from our client’s perspective.

The challenge was convincing the prosecutor that the case did not warrant felony charges given the circumstances surrounding the incident and our client’s lack of criminal history.

Through strategic advocacy and presentation of compelling mitigating factors, we successfully persuaded the District Attorney’s Office to issue a Supervisory Caution instead of filing formal charges. This meant our client avoided prosecution entirely, and the case was resolved without a conviction or even a formal charge on their record.

This outcome demonstrates the importance of early intervention and experienced representation. By addressing the case at the intake stage, we prevented our client from facing years in prison and a permanent felony conviction.

Past results do not guarantee future outcomes. Every case depends on its unique facts and circumstances.

Why Denton County Aggressively Prosecutes These Cases

District attorneys in Denton County treat assault on a public servant cases with special seriousness for several reasons. First, there’s a strong “law and order” culture in Texas that emphasizes protecting those who serve the public. Prosecutors view these charges as a way to deter violence against public servants and send a message that such conduct will not be tolerated.

Second, these cases often generate media attention, especially if they involve police officers. Prosecutors may feel public pressure to secure convictions to demonstrate they are tough on crime.

Third, public servants themselves are often sympathetic witnesses in court. Juries tend to believe police officers and other public servants, making these cases challenging to defend without a strong strategy and thorough preparation.

Finally, there’s an institutional bias toward supporting law enforcement. Many judges and prosecutors have close working relationships with police departments and may be inclined to credit the officer’s version of events over the defendant’s.

This is precisely why you need an attorney who is not intimidated by these dynamics and who knows how to challenge the prosecution’s case effectively.

Don’t Wait to Protect Your Rights. Contact Varghese Summersett today for a free consultation.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend you against assault on a public servant charges in Denton County, you’re getting more than just legal representation. You’re getting a team of over 70 legal professionals across four Texas offices who are committed to one thing: fighting for your freedom.

Our Denton County criminal defense attorneys have secured over 1,600 dismissals and more than 800 charge reductions. We’ve handled thousands of criminal cases, including serious felony charges like assault on a public servant, and we know what it takes to win.

Board-Certified Expertise

Several of our attorneys hold board certifications in criminal law, a distinction achieved by fewer than 5% of Texas attorneys. Board certification requires rigorous testing, extensive trial experience, and peer recognition for exceptional skill in the field. When you work with us, you benefit from this elite level of knowledge and experience.

Former Prosecutors on Your Side

Most of our attorneys are former prosecutors who know exactly how the other side thinks and operates. This insider knowledge gives us a strategic advantage in negotiations and at trial. We know what evidence prosecutors rely on, what weaknesses they’ll try to hide, and how to exploit gaps in their case.

Comprehensive Investigation

We don’t just accept the police version of events. Our team conducts thorough independent investigations, including interviewing witnesses, reviewing all available video evidence, obtaining medical records, consulting with experts, and uncovering facts the police may have overlooked or ignored.

Aggressive Trial Advocacy

While many defense attorneys shy away from taking cases to trial, we embrace it. We’re not afraid to stand up in court and challenge the prosecution’s case in front of a jury. Our trial experience and courtroom skills have resulted in numerous not-guilty verdicts and favorable outcomes for our clients.

Transparent Communication

We keep you informed every step of the way. You’ll have direct access to your attorney, and we’ll explain your options clearly so you can make informed decisions about your case. We understand that facing felony charges is stressful, and we’re here to answer your questions and provide the guidance you need.

Our offices in Fort Worth, Dallas, Houston, and Southlake are here to serve you. If you’ve been charged with assault on a public servant in Denton County, don’t wait. The sooner you have an experienced attorney working on your case, the better your chances of a favorable outcome.

Frequently Asked Questions

Can I be charged with assault on a public servant if the officer wasn’t injured?

Yes, but it’s unlikely. The statute requires “bodily injury,” which is defined as physical pain, illness, or any impairment of physical condition. While the injury doesn’t have to be severe, there must be some evidence of pain or physical impact. If there’s no evidence of any injury whatsoever, the prosecution may struggle to prove this element beyond a reasonable doubt. However, officers often testify to experiencing pain even when there are no visible injuries, so these cases can still proceed to trial.

What if I was defending myself from an officer using excessive force?

Texas law does recognize self-defense, even against police officers, but the circumstances must be extreme. Generally, you have the right to resist an officer if they are using force that is clearly excessive and poses an immediate threat of serious bodily injury or death. However, courts are very reluctant to allow defendants to claim self-defense against police, and juries are often skeptical of such claims. This defense requires careful presentation of evidence and expert testimony to be successful.

Will I go to prison if convicted?

It depends on several factors, including your criminal history, the severity of the injury, whether weapons were involved, and the strength of the evidence against you. First-time offenders may be eligible for probation, though prosecutors often push for jail time in assault on a public servant cases. With an experienced attorney, you may be able to negotiate for probation, reduced charges, or even dismissal. Without representation, prison time becomes much more likely.

Can these charges be reduced to a misdemeanor?

Yes, in some cases. If there are weaknesses in the prosecution’s case, questions about the severity of the injury, or mitigating circumstances, your attorney may be able to negotiate a reduction to misdemeanor assault. This typically requires demonstrating that the evidence doesn’t support a felony charge or that there are compelling reasons why a misdemeanor resolution is more appropriate. Successful reduction of charges can mean avoiding prison time and a felony conviction.

How long does an assault on a public servant case take in Denton County?

The timeline varies, but most cases take several months to over a year to resolve. Simple cases with strong evidence for the defense may resolve more quickly through dismissal or plea agreement. Cases that go to trial typically take longer due to the time required for discovery, pretrial motions, and trial preparation. Your attorney can give you a better estimate based on the specific facts of your case and the current court docket in Denton County.

Get Help Now

If you’ve been charged with assault on a public servant in Denton County, time is critical. The prosecution is already building its case against you, and every day you wait is a day they get stronger. You need an experienced criminal defense attorney who will immediately start protecting your rights and fighting for the best possible outcome.

At Varghese Summersett, we’ve built our reputation on results. We don’t make promises we can’t keep, but we do promise to fight for you with everything we have. Call (817) 203-2220 now to schedule your free consultation. We’re available 24/7 to take your call because we understand that arrests don’t happen on a convenient schedule.

Don’t face these serious charges alone. Let us put our experience, knowledge, and resources to work for you.