When Resistance Becomes a Felony: Assault on Peace Officer Defense in Austin, Texas

A traffic stop. An argument. A moment of resistance. You push back. You swing your arm. You resist being handcuffed. In that instant, a misdemeanor becomes a felony. Assault on a peace officer is one of the most aggressively prosecuted offenses in Texas. What might have been a resisting arrest charge—a Class A misdemeanor—becomes a third-degree felony carrying 2 to 10 years in prison. The stakes could not be higher.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against assault on peace officer charges. Whether you are accused of pushing an officer, spitting, or any physical contact during an encounter, we understand how quickly a routine interaction can escalate. Our attorneys have spent decades in Travis County courtrooms and beyond, handling the most serious criminal cases with skill and determination.

We know that these cases often arise from misunderstandings, excessive force, or situations where the officer was the aggressor. We know how to challenge the State’s evidence, present self-defense, and build a defense that keeps a felony off your record. We know that a moment of fear should not define your future.

If you are facing an assault on peace officer charge, you are not alone. Let us help you fight back.

Understanding Assault on Peace Officer in Texas

Under Texas law, a person commits assault on a peace officer if they intentionally, knowingly, or recklessly cause bodily injury to a person they know is a peace officer performing their duties, or if they threaten such an officer with imminent bodily injury.

The Elements:

The State must prove:

• You caused bodily injury to a peace officer (or threatened them with imminent bodily injury)

• You knew the person was a peace officer

• The officer was lawfully discharging their duties at the time

The Penalty:

• Assault Causing Bodily Injury: Third-degree felony (2 to 10 years in prison)

• Assault Threatening Bodily Injury: Class A misdemeanor (up to 1 year in jail)

• Assault Causing Serious Bodily Injury: Second-degree felony (2 to 20 years in prison)

Enhanced Penalties:

• If you used a deadly weapon, the charge may be enhanced

• If you have prior convictions, the sentence may be enhanced

For residents across Central Texas, an assault on a peace officer can mean years in prison.

What Is the Penalty for Assault on a Peace Officer in Texas?

The penalty for assault on a peace officer depends on whether injury occurred.

Assault Causing Bodily Injury:

• Third-degree felony

• 2 to 10 years in prison

• Fine of up to $10,000

Assault Threatening Bodily Injury:

• Class A misdemeanor

• Up to 1 year in jail

• Fine of up to $4,000

Assault Causing Serious Bodily Injury:

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Collateral Consequences:

• Felony Criminal Record: A permanent felony conviction

• Loss of Firearm Rights: A felony conviction results in lifetime prohibition

• Employment: Many employers will not hire individuals with felony convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

For those in the Austin area, an assault on a peace officer conviction can change your life forever.

How to Defend an Assault on Peace Officer Charge

Defending against an assault on peace officer charge requires a strategic approach. The State must prove the officer was lawfully discharging their duties and that you knew they were an officer.

Defense 1: Self-Defense

If you were protecting yourself from excessive force, self-defense is a complete defense. You must show:

• You reasonably believed you were in imminent danger of harm

• The force you used was reasonable and proportional

• You did not provoke the confrontation

Defense 2: The Officer Was Not Acting Lawfully

If the officer was not lawfully discharging their duties—if the stop was illegal, if the arrest was unlawful, or if the officer used excessive force—you have a defense. You cannot assault an officer, but you also cannot be convicted if the officer was acting outside the law.

Defense 3: You Did Not Know the Person Was an Officer

The State must prove you knew the person was a peace officer. If the officer was in plainclothes, in an unmarked vehicle, or did not identify themselves, you have a defense.

Defense 4: No Bodily Injury Occurred

For a felony conviction, the State must prove bodily injury occurred. If there was no injury—no marks, no medical treatment, no pain—the charge may be reduced to a misdemeanor.

Defense 5: The Contact Was Accidental

If the contact was accidental—you were trying to steady yourself, you were pushed, you were reacting to a sudden movement—you have a defense.

Defense 6: False Allegations

In some cases, officers may exaggerate or fabricate allegations. Your attorney can challenge:

• Inconsistent statements

• Lack of physical evidence

• Body camera footage that contradicts the officer’s report

For those in Central Texas, a strong defense can mean the difference between a felony conviction and a dismissal.

Self-Defense Against Excessive Force

One of the most powerful defenses in an assault on peace officer case is that you were defending yourself against excessive force. You have the right to resist excessive force.

What the State Must Prove:

The State must prove the officer was lawfully discharging their duties. If the officer used excessive force, they were not acting lawfully.

What Is Excessive Force:

• Force beyond what is reasonable under the circumstances

• Force used after you were already subdued

• Force used when you were not resisting

• Force that causes serious injury without justification

Proving Self-Defense:

• Body camera footage

• Witness testimony

• Photographs of your injuries

• Medical records

For residents across the Austin metro area, self-defense against excessive force is often the key to an acquittal.

The Traffic Stop: Where Many Cases Begin

Many assault on peace officer cases begin with a routine traffic stop. A driver becomes argumentative. The officer orders them out of the car. The driver resists. A physical struggle ensues.

The Dynamics:

• The officer has the right to order you out of the vehicle

• You have the right to remain silent

• You do not have the right to physically resist, even if you believe the stop is illegal

Defending Traffic Stop Cases:

• Illegal Stop: If the stop was illegal, the officer was not acting lawfully

• Excessive Force: If the officer used excessive force, you had the right to defend yourself

• No Injury: If no injury occurred, the charge should be a misdemeanor

The Danger:

Physical resistance during a traffic stop almost always leads to additional charges. Even if the stop was illegal, resisting makes your case much harder.

For those in the Austin area, never physically resist a police officer—even if you believe the stop is wrong.

Plainclothes Officers and Unmarked Vehicles

Assault on peace officer charges often involve plainclothes officers or unmarked vehicles. If you did not know the person was an officer, you have a defense.

What the State Must Prove:

• You knew the person was a peace officer

• Or a reasonable person would have known

Defending Plainclothes Cases:

• No Uniform: The officer was not wearing a uniform

• No Badge: The officer did not display a badge

• Unmarked Vehicle: The vehicle had no police markings

• No Identification: The officer did not identify themselves

The Danger:

If you reasonably believed the person was a civilian, you cannot be convicted of assault on a peace officer.

For residents across Central Texas, plainclothes encounters require careful handling.

The Role of Body Camera Footage

Body camera footage is often the most critical evidence in assault on peace officer cases. It can prove or disprove the officer’s version of events.

What Body Camera Shows:

• Whether you knew the person was an officer

• Whether the officer was acting lawfully

• Whether you used force

• Whether the officer used excessive force

How to Use Body Camera Footage:

• Request the footage immediately

• Review it carefully with your attorney

• Look for inconsistencies with the officer’s report

• Identify moments of excessive force

The Danger:

Body camera footage is powerful evidence—for both sides. It can prove your innocence or confirm the officer’s allegations.

For those in the Austin metro area, body camera footage is often the key to the defense.

Deferred Adjudication for Assault on Peace Officer

For first-time offenders, deferred adjudication may be available for assault on peace officer charges—even for felonies.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-5 years)

• Conditions may include anger management, community service, fines, and other requirements

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior felony convictions

• The case does not involve serious injury or other aggravating factors

For residents across Central Texas, deferred adjudication is often the goal in an assault on peace officer case.

Frequently Asked Questions About Assault on Peace Officer in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about assault on peace officer charges. Here are the answers to the most common inquiries we receive.

What is the penalty for assault on a peace officer in Texas?

Assault causing bodily injury is a third-degree felony (2 to 10 years). Assault threatening bodily injury is a Class A misdemeanor (up to 1 year). Assault causing serious bodily injury is a second-degree felony (2 to 20 years).

Can I defend myself against a police officer?

You have the right to defend yourself against excessive force. If the officer is using unlawful force, you may use reasonable force to protect yourself.

What if I didn’t know the person was a police officer?

If you did not know the person was a peace officer, you have a defense. This is common in plainclothes or unmarked vehicle cases.

What if the traffic stop was illegal?

If the stop was illegal, the officer was not acting lawfully. You cannot be convicted of assault on a peace officer if the officer was not acting within their lawful duties.

Can I get deferred adjudication for assault on a peace officer?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

What if I was defending myself?

If you were defending yourself against excessive force, self-defense is a complete defense. Your attorney can present evidence of the officer’s conduct.

Do I need an attorney for an assault on peace officer charge?

Yes. This is a felony that can result in years in prison and a permanent criminal record. An experienced attorney can challenge the evidence and seek deferred adjudication.

Why Barton & Associates for Assault on Peace Officer Defense in Austin

Assault on peace officer cases are among the most serious and aggressively prosecuted cases we handle. Our attorneys have spent decades in courtrooms across Central Texas, defending clients against these charges with skill and determination.

We know the local prosecutors. We know the police departments. We know the judges. And we know how to challenge the evidence, present self-defense, and fight to keep a felony off your record.

Take the First Step Toward Protecting Your Future

If you are facing an assault on peace officer charge, your freedom and your future are on the line. A felony conviction can affect your employment, your housing, and your rights for the rest of your life. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of keeping a felony off your record.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)