Texas Assault on a Public Servant Defense Lawyers

Assault on a public servant is one of the most commonly overcharged offenses in Texas. Under Texas Penal Code §22.01(b)(1), an assault that would otherwise be a misdemeanor is elevated to a third-degree felony(2 to 10 years in prison) when the victim is a public servant who was lawfully discharging an official duty at the time of the assault. This enhancement applies regardless of how minor the alleged injury was.

In practice, these charges arise most frequently during DWI arrests, traffic stops, and other encounters with law enforcement where a person who is handcuffed, restrained, or physically controlled by officers makes contact with an officer that the prosecution characterizes as an “assault.” At Deandra Grant Law, Attorney Douglas Huff defends clients against these charges and understands how to challenge the prosecution’s narrative.

Who Is a “Public Servant”?

Under Texas law, a “public servant” for purposes of the assault enhancement includes:

• Police officers (municipal, county, state)
• Sheriff’s deputies and constables
• Correctional officers and detention officers
• Firefighters and emergency medical personnel (EMTs, paramedics)
• Judges and court personnel
• CPS investigators
• Probation and parole officers
• Code enforcement officers and animal control officers
• Any government employee acting in an official capacity

The public servant must have been lawfully discharging an official duty at the time of the alleged assault. If the officer was acting outside the scope of their authority using excessive force, conducting an unlawful arrest, or acting in a personal rather than official capacity then the enhancement may not apply.

How These Charges Typically Arise

During DWI Arrests

The most common scenario: a person arrested for DWI is handcuffed and placed in a patrol car. During the process, they pull away from an officer’s grip, accidentally kick an officer while being placed in the vehicle, or make contact with an officer while being physically moved. The officer writes up the contact as an assault, and the defendant is now facing a felony in addition to the DWI charge. Many of these cases involve contact that was reflexive, involuntary, or incidental to the physical process of being arrested — not an intentional attack on the officer.

During Mental Health Crises

Individuals experiencing mental health emergencies who are contacted by law enforcement may make contact with officers during the crisis. Behavior driven by psychosis, mania, or extreme agitation may be charged as assault on a public servant even when the person lacked the capacity to form the intent required for the offense.

During Protests or Public Encounters

Physical encounters between civilians and police during protests, demonstrations, or other public events can result in assault on a public servant charges, even when the contact was incidental to crowd dynamics or the officer’s use of force.

Defense Strategies

• Challenging intent. Assault requires intentional, knowing, or reckless conduct. Reflexive movements, involuntary contact during physical restraint, and accidental contact during the arrest process are not assaults. Doug examines body camera footage, dash camera recordings, and witness accounts to demonstrate that the contact was not voluntary or intentional.
• Challenging the “lawful discharge” element. If the officer was not lawfully performing an official duty because the underlying stop or arrest was unlawful, because the officer used excessive force, or because the officer was acting outside their authority then the felony enhancement does not apply.
• Self-defense against excessive force. Texas law recognizes a limited right to resist excessive force by law enforcement. If the officer used force beyond what was reasonably necessary, the defendant’s resistance may be justified. This is a narrow defense, but body camera footage increasingly provides evidence of officer conduct that supports it.
• Video evidence analysis. Body camera and dash camera footage is often the most important evidence in these cases. Doug’s Garrett Discovery digital forensics training allows him to evaluate video evidence critically including challenging the prosecution’s characterization of what the video shows.
• Reducing to misdemeanor. Even when the evidence supports some level of contact, Doug fights to reduce the charge from felony assault on a public servant to misdemeanor assault which is a difference of potential prison time versus county jail or probation.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing assault charges in Texas, contact Deandra Grant Law for a free, confidential case review. Attorney Douglas Huff has defended clients against violent felony charges throughout his career. Our firm’s forensic science credentials and 30+ years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.