Whether the assault on a police officer happened in the heat of the moment during an arrest, was the result of a misunderstanding, or you’re facing trumped-up charges, the penalties are severe and the consequences can follow you for decades. Here’s what you can expect:
| Charge Level | Offense Type | Jail/Prison Time | Fine | Additional Consequences |
| Class A Misdemeanor | Assault by contact or threat only | Up to 1 year jail | Up to $4,000 | Criminal record, employment barriers |
| Third Degree Felony | Assault causing bodily injury to peace officer | 2–10 years prison | Up to $10,000 | Permanent felony record, loss of voting rights, firearm restrictions |
| Second Degree Felony | Aggravated assault on peace officer | 2–20 years prison | Up to $10,000 | Enhanced penalties, mandatory minimum sentences possible |
| First Degree Felony | Aggravated assault with deadly weapon on peace officer | 5–99 years or life | Up to $10,000 | Life-altering prison sentence, parole eligibility restrictions |
At Thiessen Law Firm, we’ve built our reputation on taking on the toughest cases and winning them when others said it was impossible. Don’t let a single moment define the rest of your life — call the aggravated assault lawyers at Thiessen Law Firm today at (713) 864-9000 or contact us online to start fighting back.
Is assaulting a police officer a federal crime?
In most cases, assaulting a police officer in Texas is prosecuted as a state crime, not a federal offense. Texas has its own comprehensive laws that cover assault on peace officers under Texas Penal Code Section 22.01 (assault) and Section 22.02 (aggravated assault), and the vast majority of these cases stay in state court where they’re handled by local district attorneys.
These claim that assault against a public servant (including police officers) while they’re performing their duties is automatically elevated to a third-degree felony, regardless of whether the assault would normally be classified as a misdemeanor. This means even a simple assault by contact against a police officer carries 2–10 years in prison and up to $10,000 in fines.
There are specific circumstances in which assault on a law enforcement officer becomes a federal crime, including when:
- Assault is connected to organized crime or terrorism
- Federal officers are involved
- Occurs during the commission of a federal crime or involves crossing state lines
- Assaults occur on federal property
If federal prosecutors pick up your case, this will dramatically change your defense strategy, the court system you’ll be fighting in, and the potential outcomes — so make sure you have an attorney who is experienced working in federal courts and is prepared to fight.
What happens if you assault a police officer in the US?
What actually happens after an arrest will depend on where you are, the circumstances of the incident, and how aggressive prosecutors want to be, but the reality is that these charges can destroy your future if you don’t fight back with the right strategy.
Here’s what to expect if you’re facing charges for assault on law enforcement:
- Immediate arrest and booking: You’ll be arrested on the spot, often with additional charges piled on. Officers tend to write reports that paint the incident in the worst possible light, and you’ll likely face multiple charges beyond just assault.
- High bail amounts: Judges view assault on police officers as serious threats to public safety. Bail amounts are typically much higher than other assault charges, and in some cases, you might be held without bail if the assault is severe enough.
- Media attention and reputation damage: Depending on the circumstances, these cases often attract media coverage, which can damage your reputation and make it harder to get a fair trial.
- Immediate employment consequences: Even before you’re convicted, you’ll likely face immediate job loss or suspension, especially in jobs requiring background checks or professional licenses. If charged, Doctors, lawyers, teachers, and other licensed professionals typically lose their licenses permanently, ending their careers.
- Federal complications if federal officers are involved: Under 18 U.S.C. § 111, you’re looking at up to 8 years for simple assault and up to 20 years if a deadly weapon is used or serious bodily injury occurs.
- Permanent felony record: This follows you forever, affecting employment, housing, education, and professional licensing opportunities for the rest of your life. You’ll lose your right to vote, own firearms, and serve on juries. Non-citizens face deportation, and even legal permanent residents can lose their status permanently.
If you’re facing charges in Texas, you actually have some advantages compared to other states. Texas has more robust pretrial diversion programs, deferred adjudication options, and experienced defense attorneys who know how to fight these cases. Texas prosecutors are, however, still aggressive on assault charges involving police officers, and they will use all resources at their disposal to pursue these cases hard.
Learn more: Can an assault charge be expunged?
Potential penalties for assaulting a police officer
Class A misdemeanor assault on police officer
What is the minimum sentence for assaulting a police officer? While rare, some cases involving minimal contact or threats against off-duty officers might be charged as Class A misdemeanors rather than automatic felonies. This typically happens when the officer wasn’t clearly identifiable as law enforcement or wasn’t performing official duties. The penalties include up to one year in county jail and up to $4,000 in fines. However, don’t assume your case qualifies — prosecutors almost always push for felony charges, and you need an experienced attorney to argue for misdemeanor treatment.
The key factors that might keep a case at the misdemeanor level include the officer:
- Being completely off-duty
- Not wearing a uniform
- Not identifying themselves as law enforcement
Even then, if the prosecution can prove you knew they were a police officer, expect felony charges.
Third degree felony assault
This is the default charge for most assault on police officer cases under Texas Penal Code § 22.01. The sentence for assaulting a police officer at this level ranges from 2–10 years in prison and up to $10,000 in fines. What many people don’t realize is that Texas automatically elevates any assault on a public servant to felony level, regardless of the severity.
Within this range, several factors affect your actual sentence. First-time offenders with minimal injuries might see sentences closer to 2–3 years, while repeat offenders or cases involving significant resistance could face the full 10 years. Judges also consider your cooperation during arrest, expressions of remorse, and whether alcohol or drugs were involved. An experienced aggravated assault lawyer knows how to present mitigating factors that push sentences toward the lower end of the range.
The difference between assault and battery doesn’t matter in Texas law since the state combines both concepts under “assault,” but the severity of contact absolutely matters for sentencing purposes.
Second degree felony aggravated assault
When assault becomes aggravated assault under Texas Penal Code § 22.02, you’re looking at 2–20 years in prison. Understanding assault vs aggravated assault here is helpful because this distinction can double your maximum sentence. Cases get elevated to second degree felonies when serious bodily injury occurs or when a deadly weapon is used.
- Serious bodily injury includes broken bones, concussions, injuries requiring hospitalization, or anything that creates substantial risk of death or permanent disfigurement.
- Deadly weapons can include obvious weapons like guns and knives, but also improvised weapons like bottles, tools, or even vehicles if used in a dangerous manner.
Judges typically impose harsher sentences within the 2–20 year range for aggravated assault cases. Even first-time offenders often face 5–8 years, while cases involving guns or severe injuries can result in sentences near the 20-year maximum. The prosecution will also seek enhanced penalties if they can prove the assault was premeditated or part of a pattern of violence.
First degree felony enhanced charges
The most serious charges carry 5–99 years or life in prison. These cases typically involve aggravated assault with a deadly weapon that causes serious bodily injury, or situations where the assault occurs during the commission of another serious felony. While less common, these charges destroy lives and require the most aggressive defense strategies.
First degree felony cases often involve multiple officers, weapons, and significant injuries. Prosecutors seek maximum sentences and rarely offer meaningful plea bargains. The mandatory minimum of 5 years means even the best-case scenario involves significant prison time, which is why early intervention by an experienced attorney is crucial.
Habitual offender enhancements
Texas’s repeat offender laws can turn any assault charge into a life sentence. If you have two prior felony convictions, prosecutors will seek habitual offender status under the Three Strikes Law, meaning automatic life imprisonment or 25–99 years. Even one prior felony can double your minimum sentence.
These enhancements apply regardless of how old your prior convictions are or whether they were violent. A 20-year-old burglary conviction can be used to enhance a current assault charge, which is why having an aggravated assault lawyer who understands enhancement law is essential. Sometimes prior convictions can be challenged or excluded, but this requires detailed knowledge of both current and historical Texas law.
Alternative sentencing options
Despite harsh base penalties, alternative sentencing options exist for some defendants. Deferred adjudication allows you to avoid conviction through successful probation completion, though it’s difficult to obtain in assault on police officer cases. Shock probation involves serving a short jail term followed by probation release, while some first-time offenders might qualify for regular probation instead of prison time.
Treatment programs for mental health or substance abuse issues can sometimes substitute for maximum prison sentences, especially when these factors contributed to the offense. However, judges and prosecutors are skeptical of alternative sentencing in police assault cases, so your attorney needs compelling evidence that treatment will address the underlying issues.
These charges are beatable with Thiessen Law Firm to protect your future.
Assault on a police officer charges in Texas are serious, but they’re not insurmountable. Every element of the prosecution’s case can be challenged, from the legality of the initial stop to the credibility of witness testimony. At Thiessen Law Firm, we’ve made our name on fighting complex cases and securing victories in seemingly impossible situations.
Mark Thiessen and our team have successfully defended clients facing serious felony assault charges like assault on a police officer, securing dismissals, acquittals, and favorable plea agreements in cases that seemed hopeless from the start. We don’t just review police reports and hope for the best — we investigate every aspect of your case, challenge every piece of evidence, and fight for every advantage we can find.
Don’t let fear or uncertainty keep you from getting the representation you deserve — the sooner you call, the sooner we can start protecting your rights and building your defense. Contact Thiessen Law Firm today at (713) 864-9000 or contact us online to schedule your consultation and start fighting back.
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