Assault Public Servant

There is a special section in the Texas Penal Code for assault on a public servant.  What is a public servant? A public servant is someone who works for the government, a person who creates and enforces our laws. Many people get upset with our government, how it is run, and upset with the individuals who are tasked to run the government and enforce the laws. However, if these tempers rise and frustrations reach a level where a person reacts physically, they can find themselves facing serious criminal charges. There can be heavy penalties if you are facing this accusation. Assault public servant is more serious than a normal assault.

The Need for Great Criminal Representation

If you or someone you love is being accused of a crime—and especially felony assault—it is very important to consult with and hire good representation. It should be a priority to consult with and hire a criminal defense attorney who has handled these cases, knows how to work them. It is also important to retain a lawyer who is considerate of the implications regarding the nature of this charge. Depending on the facts of your cases, there are many ways to go about defending these charges. You need to consult with a criminal lawyer to discuss your options and plan out your defense.                        

Assault Public Servant is a Third Degree Felony

The Texas Legislature who drafted the law wanted to make assaulting a public servant harsher than a regular assault. It is a third degree felony in Texas. This means that it carries a range of punishment of between two and ten years in Texas prison and up to a $10,000 fine. Assault of a public servant is exactly the same crime as assault bodily injury, but with two added elements: obviously, the alleged victim must be a public servant, and the person being charged knows the victim is a public servant. Here is the statute for assault bodily injury:

Section 22.01. Assault.

  • A person commits an offense if the person:
  • Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;

Simple assault that causes bodily injury is a Class A misdemeanor. This carries a range of punishment of up to one year in County jail and up to a $4,000 fine. Assault public servant is a more serious crime. Here is the pertinent portion of the assault statute concerning assault public servant with the added elements:

  • An offense under (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if 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;      

Who Exactly is a Public Servant?      

Public servants are the employees of some branch of our government on either a federal, state, or local level. It is their job to settle disputes, enforce the laws, or create the laws across the United States and across Texas. Generally, the people we are talking about are sometimes derisively referred to as “the man.” On a federal level we are talking about Congressman, from the House of Representatives, Senators, Federal Judges such as Supreme Court Justices, and even The President. Also, this includes many, many others who work in various capacities across our huge government. However, if you assault any of the above people you will probably bite off more than a felony charge. You may be killed. If not, you will be fighting your case in Federal Court. If you assault any public servant who is a federal employee, you will be charged with a different in a Federal Court. Public servant is defined in the Texas Penal Code. 

Section 1.07. Definitions.

(41) “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:

(A) an officer, employee, or agent of government;

(B) a juror or grand juror; or

(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or,

(D) an attorney at law or notary public when participating in the performance of a governmental function; or,

(E) a candidate for nomination or election to public office; or,

(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.  

This list is expansive and includes many different vocations and titles. Basically anyone who is elected for office, and all employees of the government are included. Public servants are employees of the State of Texas or one of the Counties, Cities, or Municipalities throughout Texas. However, it is very important that if you are charged with this crime, you must know that the person is a public servant, and the public servant must be discharging their official duties. Basically, they must be at work at the time of the assault. If you punched a police officer because you got into a sports argument at a bar, and that officer was wearing street clothes, then that is not assault of a public servant. That is simple misdemeanor assault.     

Assault on Police Officers   

Most often, in an assault of a public servant case, the public servant is a police officer. Police officers are certainly in a unique position to be the recipient of an assault and then immediately make an arrest. When you stop and think about it, it really is sort of a bizarre situation to have a crime in which the victim of an assault and the arresting officer are one and the same. Nevertheless, it is obvious why many of these charged offenses are an assault of a police officer. Police officers are in a position to make an arrest. Obviously, there is no need to call the police. And it doesn’t take much to get charged with this. When people hear this charge, they often imagine the worst. Sometimes, a person will very unwisely punch a police officer with a closed fist. However, I have seen many cases that get charged for much less and are murky. Recklessly causing bodily injury means that a person can catch an assault public servant charge that is the result of purely accidental conduct. In the heat of an arrest things can happen fast, perhaps an elbow accidentally strikes an officer and causes pain. When police officers step in to break up a fight between two people, an officer can also easily catch an elbow or a fist without any intention. Sometimes in these assault on police officer cases, the incident is recorded on a body camera. Sometimes, there will be a third party who records it on a smart phone. Assault is a crime that is usually not often caught on film. Assault is a crime that occurs in the heat of the moment in the privacy of someone's home.           

Intentionally, Knowingly, Recklessly - What Do They Mean? 

You don’t have to “mean to.” The Texas Penal Code states that it is an offense to “intentionally, knowingly, or recklessly” cause bodily injury to a public servant. Recklessly essentially means accidentally and carelessly. Generally, when people hear that a person assaulted a police officer, in their minds they imagine someone punching a cop in the face or something equally as deliberate. That would certainly qualify as intentional behavior, in which there was an intention to cause pain to the officer. However, in my experience defending these cases it is the exception rather than the rule that a person just coldcocks a police officer. More often, it is “reckless” conduct that is alleged. The charge stems from an altercation in which the officer is trying to make an arrest. Many times the incident will happen all of the sudden. I have seen many cases in which the person doesn’t really have a clear understanding or memory of what happened. If an elbow flies up and strikes the officer or even if a person bumps into the officer, a charge can result.

The person being charged with the crime must know the alleged victim is a public servant. This is very important. Most police officers are in uniforms that clearly establish they are police officers, but some are not. Sometimes police officers are working undercover, and detectives often don’t wear the distinctive navy blue uniform. If a plainclothes police officer is the alleged victim, there may be a good argument for reducing the charge. If you or a loved one is confronting this criminal charge, please call me and let's discuss your case. I offer a free consultation and I am happy to sit down with you and discuss your options and go over the possible consequences in your case. I work in Tarrant, Dallas, Parker, as well as in surrounding Counties.                                       

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