Being charged with assault on a public servant in Texas is not like being charged with simple assault. The stakes are significantly higher, the penalties are much more severe, and the long-term consequences can impact you personally and professionally for the rest of your life.
Assault on a public servant in Texas is charged as a third-degree felony at minimum, which means you’re facing 2 to 10 years in prison and fines up to $10,000 on the low end. If the assault involves a deadly weapon or causes serious bodily injury, the charge can escalate to a second-degree or even first-degree felony, carrying penalties of up to life in prison.
If you or a loved one has been charged with assault on a public servant, time is not on your side. The prosecution will move quickly and aggressively, which means you need an experienced assault defense attorney in your corner who knows how to fight and win these cases.
Battle-tested Houston assault lawyer Mark Thiessen at Thiessen Law Firm has secured 140+ Not Guilty verdicts and thousands of dismissals for clients facing serious criminal charges, and he’s ready to put that experience to work for you. Don’t wait until it’s too late — call Thiessen Law Firm today at (713) 864-9000 to start building your defense.
What does assault on a public servant mean?
Assault on a public servant in Texas occurs when someone intentionally, knowingly, or recklessly causes bodily injury to, threatens, or makes offensive physical contact with a public servant while they are performing their official duties.
According to the assault Texas Penal Code § 22.01, the same conduct that would constitute simple assault against a regular person becomes a much more serious offense when the victim is a public servant acting in their official capacity. The key elements that prosecutors must prove under the Texas assault laws for an assault on a public servant charge include:
- You committed an assault (caused bodily injury, threatened imminent bodily injury, or made provocative or offensive physical contact)
- The victim was a public servant
- The public servant was lawfully performing their official duties at the time of the assault
- You knew or should have known the victim was a public servant
Who qualifies as a public servant in Texas?
Texas’ public servant definition is much broader than most people realize. It’s not just police officers. Public servants include:
- Police officers and sheriff’s deputies
- Firefighters and EMTs
- Judges and magistrates
- Prosecutors and court officials
- Corrections officers and jailers
- Code enforcement officers
- Child protective services workers
- Election officials
- Public school teachers and administrators
- Security personnel at public events
Even if someone isn’t in uniform, they can still be considered a public servant if they’re performing official duties. This means that pushing a CPS worker who shows up at your door, scuffling with a paramedic trying to help you, or even making threats to a judge can all result in felony assault charges.
What happens if you assault a federal employee?
If the public servant you’re accused of assaulting is a federal employee, you’re not just looking at state charges — you could be facing federal criminal charges as well, which come with their own set of severe penalties and complications. Federal assault charges are prosecuted in federal court, which operates under different rules, has different sentencing guidelines, and often results in harsher punishments than state courts.
Under federal law, specifically 18 U.S.C. § 111, assaulting a federal officer or employee while they are performing their official duties is a federal crime. Simple assault on a federal employee can result in up to one year in federal prison, while assault involving physical contact or the intent to commit another felony can lead to up to eight years in federal prison. If you use a deadly weapon or inflict bodily injury, the penalties increase to up to 20 years in federal prison.
Who counts as a federal employee?
Federal employees protected under this law include:
- FBI agents and federal law enforcement officers
- DEA agents
- ATF agents
- U.S. Marshals
- TSA agents and airport security
- Postal workers and mail carriers
- IRS agents
- Border Patrol and ICE agents
- Federal judges and court personnel
- National park rangers
- VA hospital staff and federal healthcare workers
Can you be charged in both state and federal court?
Yes. Assaulting a federal employee can result in charges in both state and federal court simultaneously, a situation known as dual sovereignty. This means you could be prosecuted by the state of Texas for assault on a public servant while also facing separate federal charges for the same incident. You could potentially serve time in both state and federal prison, face multiple sets of fines, and deal with two separate criminal records.
The bottom line is that assaulting a federal employee doesn’t just double your legal troubles — it increases them exponentially. Federal prosecutors have vast resources, aggressive tactics, and high conviction rates. If you’re facing federal charges in addition to state charges, you need an attorney who understands both systems and can defend you on both fronts.
Penalties for assault on a public servant in Texas
At a minimum, assault on a public servant in Texas is charged as a third-degree felony. However, the charge can be elevated to a second-degree or first-degree felony depending on the circumstances of your case, including whether a deadly weapon was used, whether the public servant suffered serious bodily injury, and whether you have prior convictions.
Here’s how the penalties for assault in Texas break down:
| Offense | Charge level | Prison time | Maximum fine |
| Assault on a public servant (basic) | Third-degree felony | 2 – 10 years | $10,000 |
| Assault on a public servant with serious bodily injury | Second-degree felony | 2 – 20 years | $10,000 |
| Assault on a public servant with a deadly weapon | Second-degree felony | 2 – 20 years | $10,000 |
| Aggravated assault on a public servant (deadly weapon + serious injury) | First-degree felony | 5 – 99 years or life | $10,000 |
What counts as “serious bodily injury”?
Texas law defines serious bodily injury as an injury that “creates a substantial risk of death or causes permanent disfigurement, protracted loss or impairment of a bodily function, or loss or impairment of an organ.” This could include broken bones, concussions, injuries requiring surgery, or anything that results in long-term physical consequences for the victim.
Collateral consequences of a conviction
The prison time and fines are just the beginning. A felony conviction for assault on a public servant will follow you for the rest of your life and can result in:
- Loss of civil rights: You’ll lose your right to vote, serve on a jury, and own or possess firearms.
- Employment barriers: Most employers conduct background checks, and a violent felony conviction will disqualify you from countless jobs, especially in healthcare, education, government, and positions requiring professional licenses.
- Housing difficulties: Landlords frequently reject applicants with felony convictions, making it extremely difficult to find safe and affordable housing.
- Professional licensing issues: If you hold a professional license — whether you’re a nurse, teacher, contractor, or real estate agent — a felony conviction can result in suspension or permanent revocation of your license.
- Immigration consequences: Non-citizens convicted of assault on a public servant may face deportation, denial of citizenship applications, or inability to re-enter the United States.
- Probation and parole: Even if you receive probation instead of prison time, you’ll face strict conditions, regular check-ins, drug testing, and restrictions on your freedom that can last for years.
The fact of the matter is that a conviction doesn’t just mean time behind bars — it means a permanent mark on your record that closes doors for decades to come. This is why fighting your charges with an experienced assault defense attorney is not optional; it’s essential to protecting your future.
Assault on a public servant — FAQs
What class of felony is assault on a police officer?
Assault on a police officer, because it is a form of assault on a public servant, is charged as a third-degree felony at minimum in Texas, which carries 2 to 10 years in prison and fines up to $10,000. If the assault involves the use of a deadly weapon or causes serious bodily injury to the officer, the charge escalates to a second-degree or first-degree felony, with penalties ranging from 2 to 20 years or even life in prison.
Is assault on a public servant a felony?
Yes, assault on a public servant is always a felony in Texas, even if the same conduct would only be a misdemeanor if committed against a private citizen. The minimum charge is a third-degree felony, but depending on the circumstances — such as the use of a weapon or the severity of injuries — the charge can be elevated to a second-degree or first-degree felony with significantly harsher penalties.
Is it a crime to threaten a government employee?
Yes, threatening a government employee is a crime in Texas. Even assault by threat in Texas — which involves threatening someone with imminent bodily injury without any physical contact — becomes a felony offense when the victim is a public servant performing their official duties. You can face third-degree felony charges and up to 10 years in prison for simply making threats, even if you never touched the person.
The prosecution isn’t backing down — and neither should you.
Whether you’re facing charges for assault on a public servant in Texas over a misunderstanding that got out of hand, a situation where you were defending yourself, or accusations that are completely false, the prosecution will treat you like a criminal from day one — which means you need an attorney who will fight for you from day one.
That’s where Thiessen Law Firm comes in. We’ve made our name taking on the toughest assault cases in Texas and winning them for our clients when the stakes are highest. We know how to challenge questionable evidence, cross-examine witnesses, expose holes in the state’s case, and build winning defenses that protect our clients’ futures. The bottom line is that we don’t just talk about fighting for our clients — we actually do it, and our track record proves it.
Call us today at (713) 864-9000 or contact us online to start building your defense — because the best time to fight for your freedom is right now, before it’s too late.
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- Can Assault With Bodily Injury Texas Charges Be Dropped?
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