Assault on a Peace Officer or Public Servant in Texas | Houston Attorney

Assaulting a peace officer or public servant is a felony in Texas — a third-degree felony for causing bodily injury, and a first-degree aggravated assault when a deadly weapon or serious injury is involved. These cases move fast, carry heavy exposure, and frequently arise from chaotic encounters where what actually happened is contested. Video evidence often tells a very different story than the report.

If you or a loved one is facing this charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.01(b)(1), an assault causing bodily injury is elevated to a third-degree felony when committed against a person the defendant knows is a public servant lawfully discharging an official duty, or in retaliation for the person's service. Under § 22.02, aggravated assault against a public servant — involving a deadly weapon or serious bodily injury — is a first-degree felony. Two elements recur as defenses: whether the officer was acting lawfully, and whether the defendant knew the person's status.

Penalty Range

Circumstance	Offense Level	Punishment
Bodily injury to a peace officer/public servant	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
Aggravated assault on a public servant (deadly weapon / serious injury)	First-Degree Felony	5 – 99 years or life; up to $10,000 fine

How These Cases Are Defended

Was the officer acting lawfully? If the underlying stop, detention, or arrest was unlawful, or the officer used excessive force, it changes the entire analysis.
Self-defense against excessive force. Texas law permits reasonable force to defend against an officer's use of greater force than necessary.
Knowledge and intent. The State must prove you knew the person was a public servant and acted with the required mental state.
Did an injury occur? In struggles and arrests, alleged "injuries" are frequently minor or nonexistent; we test the medical proof.
Video is decisive. We obtain and analyze all body-worn and dash-camera footage, which often contradicts the offense report.

Collateral Consequences

A felony conviction for assaulting an officer carries prison exposure, loss of firearm and voting rights, immigration consequences, and a permanent violent-crime record — plus the reality that officers and prosecutors treat these cases personally. That makes a disciplined, evidence-driven defense essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how these cases are charged and how video reshapes them. If you or a loved one is facing this charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Is assault on a peace officer a felony in Texas?

Yes. Under Texas Penal Code § 22.01(b)(1), assault causing bodily injury to a peace officer or public servant lawfully discharging an official duty is a third-degree felony (2 to 10 years), rather than a Class A misdemeanor. If the assault involves a deadly weapon or causes serious bodily injury, it becomes aggravated assault — a first-degree felony under § 22.02.

What is a 'public servant' for this charge?

The term is broad. In addition to police officers, it includes many people performing official government functions — jailers, firefighters, emergency medical personnel, government employees, and others — when they are lawfully discharging an official duty and the defendant knows their status. Whether the officer was acting lawfully is often a live issue in these cases.

What is the punishment for assaulting a police officer in Texas?

Bodily injury to a peace officer or public servant is a third-degree felony (2 to 10 years and up to a $10,000 fine). Aggravated assault on a peace officer — with a deadly weapon or serious bodily injury — is a first-degree felony (5 to 99 years or life). Even an offensive-contact assault on an officer can be enhanced.

Is self-defense allowed against a police officer?

In limited circumstances, yes. Texas law generally does not permit resisting a lawful arrest with force, but it does allow a person to defend against an officer's use of greater force than necessary — for example, excessive force. Whether the officer's conduct was lawful is central, and these cases require careful, fact-specific analysis.

How are these cases defended?

We examine whether the officer was lawfully discharging a duty, whether you knew the person was a public servant, whether any injury actually occurred, and whether force was a reasonable response to excessive force. Body-camera and dash-camera video is often decisive, and we obtain and analyze all of it.

Assault on a Peace Officer / Public Servant