Assault on a public servant is a serious offense in Texas. It is defined as intentionally, knowingly, or recklessly causing bodily injury to a public servant while the public servant is lawfully discharging an official duty. If you’re currently facing accusations of assaulting a public servant, you need a competent Dallas County criminal lawyer in your corner. Contact Spangler Law today.
Different Levels of the Offense
The offense of assault on a public servant can be classified into three different levels:
- Third-degree felony: This is the most common level of assault on a public servant. It is punishable by 2 to 10 years in prison and a fine of up to $10,000.
- Second-degree felony: This level of assault on a public servant is committed against a peace officer or judge while the officer or judge is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge. It is punishable by 2 to 20 years in prison and a fine of up to $10,000.
- First-degree felony: This is the most serious level of assault on a public servant. It is committed against a peace officer or judge while the officer or judge is lawfully discharging an official duty and causes serious bodily injury, or if the assault is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. It is punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
If You Are Charged with Assault on a Public Servant
If you are charged with assault on a public servant, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and your options for defense.
There are a number of defenses that may be available to you, depending on the specific facts of your case. Some common defenses include:
- Self-defense: If you were acting in self-defense, you may not be guilty of assault.
- Involuntary intoxication: If you were involuntarily intoxicated at the time of the offense, you may not be able to form the intent necessary for a conviction.
- Mistake of fact: If you mistakenly believed that the person you assaulted was not a public servant, you may not be guilty of assault.
Contact a Texas Criminal Defense Attorney Today
If you are facing charges of assaulting a public servant, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and your options for defense.
