Assault On a Public Servant in Texas

In the state of Texas, assaults are taken seriously by the legal system, particularly when the victim is a public servant. Assault on a public servant is a severe offense that carries significant legal consequences.

Assault on a public servant occurs when an individual intentionally, knowingly, or recklessly causes bodily injury to a public servant while the public servant is “lawfully discharging an official duty, or in retaliation for the public servant’s performance of an official duty.” This offense includes not only physical harm, but also the threat of imminent bodily injury or physical contact “with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”

What public servants are covered under this law?

In Texas, the definition of “public servant” is broad and includes various individuals performing public duties. This can encompass:

Law enforcement Firefighters Security personnel Process servers EMS Teachers Hospital personnel (starting September 1, 2023)

Judges Prosecutions Politicians and political candidates Jurors Government employees Government contractors Attorneys

 

In short, the law aims to protect those who dedicate themselves to public service and maintain order in society.

Criminal penalties for assault on a public servant

Assault on a public servant is treated as a more serious offense compared to general assault charges due to the element of victim status. The penalties for assault on a public servant vary based on the specific circumstances of the case:

• Third-degree felony. If a public servant is lawfully discharging his or her official duties, or if the accused allegedly acts “in retaliation or on account of an exercise of official power or performance of an official duty as a public servant,” the offense is classified as a third-degree felony. Harassment of a public servant is also a third-degree felony. A conviction can result in a prison sentence ranging from two to 10 years and fines up to $10,000.
• Second-degree felony. A person can be charged with a second-degree felony “if 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.” In this case, the potential prison sentence can increase to two to 20 years, along with fines up to $10,000.

First-degree felony. Also known as “Aggravated Assault Against a Public Servant,” If the assault involves the use of a deadly weapon or causes serious bodily injury, the offense is elevated. The punishment for a first-degree felony can be life in prison and up to $10,000 in fines. Along with prison and fines, a felony conviction will also lead to a loss of certain civil liberties, such as the right to carry a firearm or to vote. You could lose your professional license, and miss out on educational or employment opportunities. You could lose your home, your marriage, and your children.

Understand that you may face significant fallout just for being charged with one of these crimes. The social stigma alone can be severe. This is why it is so important that you contact an attorney as quickly as possible.

When assault turns into capital murder

Under Texas law, a person can be charged with murder if he or she:

• intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
• commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Murder is a first-degree felony. However, if the victim is a peace officer or firefighter engaged in the “lawful discharge of an official duty” (and the accused knows it), or if the victim is a judge or a justice and the act was “in retaliation for or on account of the service or status” of that judge or justice, the accused may face capital murder charges. If convicted of capital murder, the accused may face the death penalty. Texas put a man to death this year for killing a cop 16 years ago; they take this charge very, very seriously.

We cannot emphasize enough just how important it is that you seek legal counsel immediately if there is even a chance you may be charged in conjunction with the death of one of these public servants.

Potential defenses for assault on a public servant

Individuals facing charges of assault on a public servant have the right to a legal defense. The Copperas Cove criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers stand ready to help. When fighting your charges, we may utilize any of the following defenses, depending on the circumstances of your case.

• Lack of intent: One possible defense is to argue that there was no intent to cause harm to the public servant. We can work to demonstrate that your actions were accidental or lacked the necessary intent to commit an assault, weakening the prosecution’s case.
• Self-defense: If you believed you were in imminent danger of harm from the public servant and used force to defend yourself, self-defense might be a valid defense. We will show that your actions were reasonable and proportional to the threat you perceived.
• Lack of retaliation: If the alleged assault is based on the premise of retaliation for the public servant’s performance of official duties, we may argue that there was no intent to retaliate and that the actions were not related to the public servant’s duties.
• Consent: In certain situations, if you and the public servant had an agreement or understanding that certain physical actions would occur, the defense of consent might be applicable.
• Mistaken identity or false accusations: Another common defense is to challenge the accuracy of the identification of the accused. False accusations, mistaken identity, or unreliable witness testimony can cast doubt on the prosecution’s case.
• Excessive force: If the actions of the public servant involved excessive use of force or if they acted outside the scope of their official duties, this could potentially provide a defense against the assault charge.
• Insufficient evidence: Challenging the evidence provided by the prosecution is another defense strategy. This could involve questioning the reliability of witnesses, the accuracy of evidence, or the circumstances surrounding the alleged assault. If the supposed victim does not have any bodily injuries, and there is no record of him or her seeking treatment for those alleged injuries, we can argue that the elements of the offense were not met.
• Constitutional violations: If your rights were violated during the arrest, such as an unlawful search or seizure, our lawyers will argue that the evidence obtained as a result should be suppressed. We can also argue that any alleged “threats” of bodily harm were not actually threats at all, but Constitutionally protected free speech.
• Mental state or mental health issues: If you have a mental health condition that impairs your ability to form intent or understand the consequences of your actions, this could be another potential defense.

If you’re facing charges of assault on a public servant, don’t delay in seeking the legal representation you deserve. The experienced team at Mary Beth Harrell Criminal Defense and DWI Lawyers is ready to stand by your side, provide you with knowledgeable guidance, and fight tirelessly for your rights. To schedule a free case evaluation, call us or fill out our contact form today. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.