Assault of a Public Servant in Fort Worth: Definition & Penalties
What is Assault on a Public Servant?
Assault on a public servant in Texas, as defined by Texas Penal Code Section 22.01(a)-(b), occurs when an individual intentionally, knowingly, or recklessly causes bodily injury to someone they know is a public servant while that person is lawfully performing their official duties or in retaliation for those duties. This charge can also apply if the individual threatens imminent bodily harm or engages in offensive physical contact, even without causing injury. The key elements are:
- The defendant knew the victim was a public servant.
- The public servant was acting lawfully in their official capacity.
Public servants include a wide range of individuals serving our community, such as:
- Government employees (e.g., police officers, firefighters, paramedics, teachers)
- Elected or appointed officials (e.g., judges, legislators)
- Jurors, arbitrators, or attorneys performing governmental functions
- Candidates for public office
- Hospital personnel, as recognized under Texas Senate Bill 840 (effective September 1, 2023)
Texas law presumes the defendant knew the victim was a public servant if they were wearing a distinctive uniform or badge, such as those worn by police officers or emergency responders. This presumption can make these cases particularly challenging, but our criminal defense attorney, Chelsi McLarty, is skilled at examining every detail to build a strong defense tailored to your situation.
What level of offense is the charge of Assault of a Public Servant?
In Texas, assault on a public servant is typically a third-degree felony, carrying significant penalties under Texas Penal Code Section 22.01. However, the charge can escalate depending on the circumstances, such as the severity of the injury or the involvement of a peace officer or judge. Below are the possible offense levels and penalties:
- Third-Degree Felony: Punishable by 2 to 10 years in prison and a fine of up to $10,000. This applies to cases involving bodily injury to a public servant during their duties or in retaliation for their official actions.
- Second-Degree Felony: Carries 2 to 20 years in prison and a fine of up to $10,000. This applies when the assault involves a peace officer or judge or constitutes aggravated assault (e.g., restraining a peace officer or judge during their duties).
- First-Degree Felony: Results in 5 years to life in prison and a fine of up to $10,000 if the assault causes serious bodily injury or involves the use of a deadly weapon.
Since 2017, assaulting a peace officer or judge in Texas may be classified as a hate crime under Texas Code of Criminal Procedure Article 42.014, potentially increasing the charge to a second-degree felony if the defendant targeted the victim due to their status. The statute of limitations for these offenses is three years from the date of the alleged incident.
Harassment of a Public Servant
A related offense, harassment of a public servant, occurs when an individual, with intent to assault, harass, or alarm, causes a public servant to encounter bodily fluids such as blood, semen, urine, or feces while the servant is performing their duties. This charge, often seen in correctional settings, is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The statute of limitations is also three years.
Can You Be Charged Without Physical Contact?
Collateral Consequences of a Conviction
How The McLarty Law Firm Can Help
Facing an assault on a public servant charge can feel isolating, but you don’t have to face it alone. Our dedicated team at The McLarty Law Firm approaches every case with empathy and determination, working tirelessly to protect your future. We carefully analyze the prosecution’s evidence to identify weaknesses, such as a lack of intent, mistaken identity, or insufficient proof that the victim was a public servant acting lawfully. Common defenses include:
- Lack of Intent: Showing that the action was accidental or lacked malicious intent.
- Self-Defense: Demonstrating that you acted to protect yourself from unlawful force.
- Challenging Evidence: Questioning the reliability of witness statements or seeking exculpatory video or audio evidence.
Our team has successfully secured dismissals by presenting compelling evidence to grand juries, often the first opportunity to halt prosecution. We act swiftly to gather critical evidence, such as surveillance footage or witness testimonies, to build a robust defense.
Key Steps to Protect Your Future
If you’re facing these charges, two immediate actions can make a difference:
- Remain Silent: Avoid speaking to the police, as your statements can be used against you. Politely request an attorney.
- Contact The McLarty Law Firm: The sooner we’re involved, the better we can protect your rights and begin building your defense.
Being charged with assault on a public servant in Fort Worth is a daunting experience, carrying severe penalties ranging from 2 to 10 years in prison for a third-degree felony to life imprisonment for aggravated cases. Defined under Texas Penal Code Section 22.01, this offense requires proof that the defendant knowingly targeted a public servant during or in retaliation for their official duties. At The McLarty Law Firm, we approach every case with compassion and legal expertise, fighting to protect your rights and secure the best possible outcome.
If you or a loved one is facing an assault on a public servant charge, don’t face this storm alone. Contact The McLarty Law Firm in Fort Worth today at (817) 900-3235 for a free, confidential consultation. Our experienced criminal defense attorneys are here to listen, guide you, and fight for your future. Call now to take the first step toward peace of mind.
