Texas Assault on a Peace Officer Defense Lawyers | Fighting Severe 3rd-Degree Felony Charges

The Gravity of an “Assault on a Public Servant” Charge in Texas

Being charged with assaulting a police officer, firefighter, or any public servant in Texas is one of the most serious felony offenses you can face. Unlike a standard assault, Texas Penal Code § 22.01(b)(1)—commonly called “Assault on a Peace Officer” or Assault on a Public Servant—carries severe, mandatory penalties that prosecutors and judges treat with zero tolerance. At Barton & Associates, we understand that these charges often arise from chaotic, high-stress interactions where claims of self-defense, police misconduct, or mistaken identity are at the forefront. The state’s narrative will portray you as a violent threat to authority, but your story of what truly happened is critical. Your freedom for the next decade, your right to own firearms, and your future employability are at immediate risk. This is not a charge you can navigate alone; it requires an immediate, aggressive, and strategically sophisticated defense from attorneys who know how the state builds these exact cases.

What Constitutes “Assault on a Public Servant” Under Texas Law?

Texas law elevates a simple assault to a third-degree felony when it is committed against an individual the defendant knows is a public servant while that public servant is lawfully discharging an official duty.

The prosecution must prove all three of these core elements beyond a reasonable doubt:

1. The Commission of an Assault: This includes intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative.
2. The Victim Was a “Public Servant”: Texas law defines this broadly to include:
   1. Peace officers (police, sheriffs, constables, state troopers)
   2. Firefighters
   3. Emergency medical services (EMS) personnel
   4. Federal law enforcement officers
   5. Judges and court officials
   6. Correctional officers
   7. Many other government employees acting in an official capacity.
3. You Knew They Were a Public Servant Acting Officially: The state must prove you knew the person was a public servant. This is often inferred from uniforms, marked vehicles, or the context of the interaction (e.g., a traffic stop). They must also prove the officer was acting within the lawful discharge of their duty. An unlawful arrest or use of excessive force can negate this element.

Critical Understanding: You can be charged even if the officer was not seriously injured. “Bodily injury” can mean anything from a scrape or bruise to a more significant wound. Merely tensing your arms during an arrest or causing an officer to stumble could be charged as this felony under the right circumstances.

Severe, Life-Altering Penalties for a Conviction

A conviction for Assault on a Public Servant is a third-degree felony with penalties designed to be punitive and carry lasting consequences.

Direct Criminal Penalties:

• Prison Sentence: 2 to 10 years in the Texas Department of Criminal Justice (TDCJ).
• Substantial Fines: Up to $10,000.
• Mandatory Minimums & “3g” Offense: This charge is classified as a “3g” offense under the Texas Code of Criminal Procedure. This means:
  • You are not eligible for community supervision (probation) from a jury.
  • A judge can grant probation, but only under strict, limited conditions.
  • You must serve at least half of any prison sentence before becoming eligible for parole.

Collateral Consequences That Devastate Your Future:

• Permanent Felony Record: This violent felony will appear on every background check for employment, housing, and loans.
• Loss of Firearm Rights: A felony conviction results in a lifelong, federal prohibition on owning or possessing firearms or ammunition.
• Professional License Revocation: Any existing license (nursing, law, real estate, plumbing, CDL) will be revoked. Future applications will be denied.
• Employment Barred: Careers in law enforcement, security, education, healthcare, government, and finance become impossible.
• Loss of Voting Rights & Other Civil Liberties: You will lose the right to vote, serve on a jury, or hold public office while incarcerated or on parole/probation.
• Immigration Catastrophe: For non-citizens, this is an “aggravated felony” under immigration law, triggering mandatory deportation with virtually no chance of relief.

Common Scenarios & Defense Strategies We Employ

These charges frequently stem from contentious encounters. Our defense begins by reconstructing the true sequence of events, often obscured by police reports.

Common Situations We Defend:

• Resisting Arrest Allegations: A charge that begins as “resisting” escalates to “assault” after a physical struggle.
• DUI & Traffic Stops: Perceived non-compliance or movement interpreted as a threat during a fraught stop.
• Domestic Disturbance Calls: Heightened emotions where an individual may inadvertently make contact with an intervening officer.
• Protests or Crowd Events: Allegations of striking an officer in a chaotic setting, often involving mistaken identity.
• Correctional Facility Incidents: Altercations between inmates and guards.

Proven Defense Strategies from Former Prosecutors:

1. Self-Defense Against Excessive Force: This is a powerful, yet complex, defense. Texas law allows you to use force against a peace officer only if: you believe the force is immediately necessary to protect yourself against the officer’s unlawful use of force, and you are justified in using that level of force. We must prove the officer used excessive force first. We meticulously gather evidence of injuries, witness videos, and prior complaints against the officer.
2. Lack of Knowledge: The state must prove you knew the individual was a public servant. In plainclothes operations, nighttime encounters, or chaotic scenes, this knowledge is not always clear. We challenge the state’s ability to prove this critical element.
3. The Officer Was Not Lawfully Discharging an Official Duty: If the officer was making an unlawful arrest (without probable cause) or acting outside their legal authority, your right to resist may be justified. We file motions to suppress evidence from the unlawful detention, attacking the foundation of the state’s case.
4. False or Exaggerated Allegations: Unfortunately, some officers exaggerate injuries or allegations to justify their own use of force or cover misconduct. We subpoena medical records, activate body-worn camera footage (when available), and cross-examine inconsistencies in the official report.
5. Mistaken Identity or Lack of Intent: In crowd situations, we demonstrate you were not the individual who made contact. We also argue any contact was accidental, reflexive, or reckless (which may not satisfy the “intentional or knowing” requirement for certain assault theories).

Why Choosing Barton & Associates is a Critical Decision

Facing this charge means fighting the government’s immense resources and the inherent bias in favor of law enforcement. You need a firm that is unafraid, equipped, and experienced.

• Former Prosecutors Who Know the Playbook: Our attorneys have prosecuted these very cases for the state. We know how police and district attorneys collaborate to build their narrative. We know the weak points in their procedures and how to challenge their evidence effectively.
• Immediate Investigation & Evidence Preservation: Time is evidence. We immediately file for and secure all body-worn camera, dashcam, and surveillance footage before it is “lost” or overwritten. We dispatch our own investigators to locate independent witnesses.
• Trial-Ready Aggressiveness: Prosecutors know we are fully prepared to take every case to a jury. This reputation gives us significant leverage in negotiations. We do not plead clients guilty to felonies without exploring every avenue for dismissal or reduction.
• Resources to Challenge the State’s Case: We retain top medical experts to review alleged injuries, use-of-force experts to testify on police standards, and forensic video analysts to enhance and interpret footage.

The First 72 Hours: Your Actions Determine Your Future

From the moment of arrest, the system is working against you. Your actions are pivotal.

• INVOKE YOUR RIGHT TO REMAIN SILENT. IMMEDIATELY. Do not give a statement, try to explain, or apologize to the arresting or investigating officers. Anything you say will be used to fill gaps in their report. State clearly: “I am invoking my Fifth Amendment right to remain silent. I will not answer questions without my attorney present.”
• DO NOT DISCUSS THE CASE WITH ANYONE. Jail phone calls are recorded. Cellmates may be informants. Even conversations with family are not protected. Assume you are always being recorded.
• DOCUMENT YOUR INJURIES. Have a family member or your attorney photograph any bruises, cuts, or injuries you sustained immediately. Seek independent medical attention if needed.
• CONTACT BARTON & ASSOCIATES BEFORE YOUR FIRST COURT HEARING. Do not wait for a court-appointed attorney. Early intervention allows us to argue for a reasonable bond, start our investigation, and begin shaping your defense narrative from day one.

Your Future Is On The Line. Act Now.

An Assault on a Public Servant charge is a legal emergency with mandatory prison time. The state will move quickly to secure a conviction. Hoping for the best or relying on an overburdened public defender is a catastrophic risk.

You have one chance to build the right defense. It starts now.

Contact Barton & Associates immediately at 210-500-0000 for a confidential and urgent case evaluation. We will take immediate action to protect your rights and begin the fight for your freedom.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000