Why Am I Being Charged With Assault on a Public Servant?

 Posted on July 22, 2026 in Criminal Defense

Assault on a public servant is a serious crime in Texas. Sometimes people face this charge without realizing that their actions can legally be considered an assault. They may have reacted out of fear or pain rather than an actual desire to hurt someone. However, a person can still face charges even without intending to cause an injury.

If you have been charged with assault on a public servant in 2026, it’s important to understand what steps to take next. A Haltom City, TX criminal defense attorney can review your case and advise you.

What Is Assault on a Public Servant in Texas?

Under Texas Penal Code § 22.01assault includes intentionally, knowingly, or recklessly causing bodily injury to another person. The offense can become assault on a public servant when the accused knew the other person was a public servant and the assault occurred while that person was lawfully performing an official duty or because of that duty.

Acting "intentionally" means that you meant to cause the injury. Acting "knowingly" means that you were aware your actions were reasonably certain to cause an injury. Acting "recklessly" means that you knew your actions created a serious and unjustifiable risk but ignored that risk. Therefore, a person may face charges even if causing an injury was not the person’s goal.

Who Is Considered a Public Servant in Texas?

Texas law counts many different people as public servants. Some common examples are:

• Police officers and other government peace officers

• Government employees performing official duties

• Certain employees of government-operated correctional facilities

• People serving as jurors, advisers, consultants, or in other official government roles

• Judges and other elected officials

If the person who was assaulted was wearing a distinct uniform or badge, the court may presume that it was clear that they were a public servant.

When Might Someone Be Charged with Assault on a Public Servant?

Some examples of assault on a public servant are more obvious than others. A person might face this charge after kicking, hitting, or otherwise injuring an officer during an arrest. The same charge could arise if someone pushes an officer while trying to escape and causes the officer physical pain or another injury.

Other situations that people may not consider as resulting in assault charges include fighting emergency medical services when being asked to get into an ambulance. Attempting to hit or push away from other emergency personnel, such as firefighters removing someone from a scene, may also qualify. Emergency room personnel, such as doctors and nurses, can also qualify as public servants in places like county hospitals.

People are often in a state of fear or panic in these moments and are not thinking about the legal consequences of their actions. Charges may still apply, though.

What Are the Penalties for Assault on a Public Servant in Texas?

The charge for assault on a public servant is a third-degree felony. A third-degree felony in Texas can mean 2 to 10 years in prison and a fine of up to $10,000. If the public servant is a police officer or a judge, the charge can be even higher. Assault on a peace officer or judge discharging a lawful duty is a second-degree felony. This carries 2 to 20 years in prison.

A conviction for assault on a public servant in Texas is a felony. Felony convictions can remain on your criminal record and affect future employment, housing, professional licensing, and other opportunities.

What If I Am Charged and I Am Not a Citizen of the United States?

For people who are not U.S. citizens, the consequences are more serious. A felony conviction for a violent offense can sometimes put your visa, green card, or any chance of future immigration benefits at serious risk. It may even lead to deportation.

What Should I Do If I Am Charged with Assault on a Public Servant in Texas?

If you have been charged, find a criminal defense lawyer immediately. A lawyer can challenge the prosecution’s argument or how evidence was handled. If the prosecution cannot prove beyond a reasonable doubt that you committed assault, your case may be dismissed.

Call a Tarrant County, TX Criminal Defense Attorney Today

If you or a family member has been charged with assault on a public servant, don’t wait to get help. The Meza Law Firm, PLLC handles both criminal defense and immigration cases. We understand the unique challenges that immigrants face when they are arrested and what steps need to be taken right away to protect their status.

Our team works with clients on a case-by-case basis on consultation pricing. We serve clients in both English and Spanish. Call 817-732-6392 to speak with our Haltom City, TX assault defense lawyer today. Hablamos español.