Assault Against Public Servants: Police, EMTs, Teachers

Assault Charges Are Elevated When Certain Victims Are Involved

In Texas, who you allegedly assault matters just as much as what you allegedly did. Under Texas Penal Code § 22.01(b)(1), assault charges are automatically enhanced to felonies if the alleged victim is a public servant acting in their official capacity.

That means you could face 2 to 10 years in prison — even if the underlying conduct would normally be charged as a misdemeanor — simply because the person was a police officer, teacher, or emergency medical worker.

In this post, we’ll explain the key categories of public servants, what types of conduct can lead to felony charges, and how a skilled attorney near you can defend your rights.

1. What Does Texas Law Say About Assaulting Public Servants?

Texas Penal Code § 22.01(b)(1):

A Class A assault becomes a third-degree felony if the victim is a public servant lawfully discharging an official duty, and the actor knows the person is a public servant.

Penalty Range:

• 2 to 10 years in prison
• Up to $10,000 fine
• Felony record that cannot be sealed or expunged

Even a minor injury or verbal threat can lead to a felony prosecution, depending on the alleged victim's job title.

2. Assault on Police Officers

One of the most common enhancements occurs when the alleged victim is a peace officer, including:

• City police (e.g., Houston PD)
• County sheriffs and deputies
• Constables
• State Troopers (DPS officers)

What Triggers the Felony Enhancement?

• A shove or push during an arrest
• Yelling threats at an officer
• Resisting handcuffing and causing a minor injury
• Claiming the officer fabricated the injury

Key Legal Threshold:

The prosecution must prove you knew or should have known the person was a police officer and that they were acting in an official capacity.

A knowledgeable lawyer near you can scrutinize body cam footage, arrest protocols, and use-of-force documentationto challenge this enhancement.

3. Assault on Emergency Medical Personnel

Assault against an EMT, paramedic, firefighter, or other emergency responder is also elevated to a third-degree felony, even if the conduct was unintentional or occurred in a chaotic scene.

Common Scenarios:

• Pushing an EMT during a medical crisis
• Struggling with paramedics while disoriented
• Disputing care during a traffic accident scene

Many of these cases involve misunderstandings, fear responses, or lack of intent, which your attorney near you can use to argue mitigation or dismissal.

4. Assault on Teachers and School Staff

Assaulting an educator or school employee also qualifies for felony enhancement under Tex. Penal Code § 22.01(b)(3)— especially if the incident occurs on school grounds or during a school-related activity.

Covered Individuals:

• Classroom teachers
• Bus drivers
• Coaches and athletic trainers
• School security personnel
• Principals and administrative staff

Common Scenarios:

• A high school fight where a teacher is caught in the middle
• A parent confronting school staff
• Student-to-teacher altercations, even without injury

Your lawyer near you must assess whether the incident truly meets the criteria for felony enhancement — particularly if the teacher was not actively discharging their duties at the time.

5. Assault on Security Officers and Judges

Texas also enhances charges for assaulting:

• Private security guards licensed under Chapter 1702, Occupations Code
• Court officers, bailiffs, and even judges

In these cases, knowing the individual's official status and role is critical to sustaining a felony charge. Your criminal defense attorney near you may argue:

• The person was not a public servant or licensed officer
• The assault was not related to their official duty
• The accused had no knowledge of their status

6. How Prosecutors Use These Enhancements Strategically

In Harris County, Fort Bend County, and Galveston County, prosecutors often use public servant enhancement charges as leverage:

• To pressure a plea deal
• To justify higher bond amounts
• To argue for no probation or deferred adjudication

Without a strong lawyer near you, you risk overcharging and excessive sentencing, even for a first-time offense.

7. Common Defenses to Assault on Public Servant Charges

Lack of Intent

Assault charges require intentional, knowing, or reckless conduct — not accidents or reflexive movements.

Self-Defense or Excessive Force by Officer

If you were being unlawfully arrested or the officer used excessive force, your attorney near you can raise self-defense under Tex. Penal Code § 9.31.

Misidentification or Conflicting Accounts

In chaotic scenes, witnesses often confuse who initiated contact or exaggerate what happened. Body cam footage is often critical.

Not Acting in Official Capacity

If the public servant was off duty or not actively performing their role, enhancement may not apply.

8. Sentencing and Long-Term Consequences

Even without jail time, a third-degree felony conviction carries:

• Permanent criminal record
• Firearm possession ban
• Loss of professional licenses
• Immigration risks
• Barriers to employment, housing, education

That’s why every assault case involving a public servant requires immediate attention from an experienced attorney near you.

9. Can These Charges Be Reduced or Dismissed?

Yes — but only with early, aggressive intervention by a skilled lawyer near you.

Possible Outcomes:

• Charge reduction to Class A misdemeanor
• Pretrial diversion for first-time offenders
• Probation instead of jail time
• Trial dismissal based on lack of intent or proof

Your attorney must be ready to negotiate strategically or defend vigorously at trial.

10. Why You Need a Local Attorney Near You Immediately

These charges move fast and escalate quickly. The public servant enhancement changes everything, and judges often follow stricter sentencing guidelines once it’s on the table.

At Walker Law Office, we’ve defended clients in Harris County, Fort Bend County, and Galveston County facing public servant assault charges, and we know how to dismantle weak cases, challenge overcharges, and minimize long-term damage.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced criminal defense attorney near you.

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