In Texas, assault on a public servant is a third-degree felony under Texas Penal Code § 22.01(b)(1) when a person intentionally, knowingly, or recklessly causes bodily injury to someone they know is a public servant who is lawfully performing official duties.
Assault charges are always serious, but when the victim is a public servant, the stakes are raised.
These incidents typically occur during stressful situations, such as arrests, medical emergencies, and encounters with law enforcement officers. A misunderstanding or a chaotic moment can quickly lead to a felony charge.
Attorney for Assault on a Public Servant in Austin, Texas
If you’re facing this particular charge, it’s important to act quickly. Don’t talk about this case with police officers or investigators until you’ve consulted an experienced Austin assault lawyer. At Michael & Associates, our team is available 24/7 to listen to your side of the story, advise you on your next steps, and begin immediately protecting your rights.
We know that facing this kind of charge can feel overwhelming, stressful, and even frightening. Rest assured that you will always work directly with one of our experienced Austin-area defense attorneys, who will carefully listen to the specifics of the incident
From the outset, our defense lawyers can:
- Review body camera footage and reports
- Identify inconsistencies in witness statements
- Challenge whether the officer was acting in an official capacity
- Work to reduce or dismiss charges when possible
Cases like these move quickly in Travis County courts. Getting a lawyer involved early gives you the best chance to protect your record.
What Is Assault on a Public Servant in Texas?
In Texas, if an incident fits the criteria for an assault as defined by Texas Penal Code § 22.01, but the incident involves a public servant, the offense is classified as a third-degree felony.
To prove assault on a public servant, the State must establish:
- The conduct (what happened): For this charge, one key requirement is bodily injury, but the State must also prove knowledge of the person’s status and that the person was performing official duties. Offensive contact alone is not enough.
- The status of the alleged victim: Did the victim meet the legal definition of a public servant?
- Knowledge: Was the accused aware that the victim was a public servant? This is often inferred if the individual is in uniform, wearing a badge, or clearly identifying themselves.
- Official duty requirement: Was the alleged victim lawfully performing public duties at the time of the incident? If they are acting outside their authority, we may be able to challenge this element.
After arrest, you are taken before a magistrate for magistration, where bond is set and your rights are explained.
In felony cases, prosecutors must obtain a grand jury indictment before the case can proceed to trial.
Once charges are filed, the case proceeds through pretrial court settings, where your attorney can review evidence, file motions, and negotiate with the State. Many cases are resolved during this stage, but if not, the case may go to trial, where the prosecution must prove the charges beyond a reasonable doubt.
Separate charges, such as retaliation under Texas Penal Code § 36.06, may apply if the conduct occurs later in response to official actions.
Assault Defined Under Texas Law
Under Texas Penal Code § 22.01, assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to someone
- Threatens another with imminent bodily injury
- Makes offensive or provocative physical contact
Other common types of assault in Texas include assault by contact, family/domestic violence, child abuse, continuous family violence, aggravated assault, and assault with a deadly weapon.
For conduct to qualify as an assault on a public servant charge, the main question is whether bodily injury occurred. Offensive contact alone is not enough.
Who is Considered a Public Servant?
Texas law broadly defines a public servant in Texas Penal Code §1.07(a)(41) and includes not only law enforcement and first responders but also roles such as jurors, attorneys acting in governmental roles, and certain government agents performing official functions.
This includes:
- Police officers and deputies
- Emergency medical personnel (EMS)
- Firefighters
- Correctional officers
- Judges and jurors
- Government employees and agents
The law applies when the person is performing official duties at the time of the incident. If the prosecution cannot prove this element, the charge may not constitute assault on a public servant.
Texas Penalties for Assault on a Public Servant
Simple assault is usually a misdemeanor, but assault on a public servant is a third-degree felony. The State must also prove that you knew the alleged victim was a public servant at the time of the incident.
Felony penalties for Texas assault of a public servant include:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Possible probation
If the allegation involves aggravating factors, such as serious bodily injury or the use of a deadly weapon, the conduct may instead be charged as aggravated assault under Texas Penal Code § 22.02, which carries higher felony penalty ranges.
- Second-degree felony carries two to 20 years in prison and a fine of up to $10,000
- First-degree felony carrying 5 to 99 years or life in prison and a fine of up to $10,000
Cases involving peace officers, judges, or other protected individuals may also trigger enhanced penalties under Texas law, depending on how the offense is charged and proven.
In addition to criminal penalties, a conviction may lead to:
- A permanent felony record
- Difficulty finding employment or housing
- Possible loss or restriction of civil rights, including firearm possession
- Potential immigration complications if you’re not a U.S. citizen
These long-term effects can be even more serious than the immediate punishment.
Assaults on EMS Personnel in Austin, Texas
Incidents involving emergency medical workers have been widely reported and documented in Austin and across the country.
Reports from Austin-Travis County EMS have documented frequent assaults on medics, particularly during patient transport. When EMS personnel are acting under governmental authority, these incidents may be charged as assault on a public servant if the legal elements are met.
According to the report, most of these assaults happened in the back of ambulances.
These cases often arise in high-stress medical situations where confusion, intoxication, or medical distress can affect intent, which may become a key issue in defending the charge.
Other Assault Enhancements in Texas
Assault on a public servant is only one of several ways charges can be increased under Texas law.
Texas Penal Code § 22.01 includes several enhancement provisions, depending on the facts of the case, such as assault against a public servant (§22.01(b)(1)), assault involving strangulation (§22.01(b)(2)(B)), and repeat family violence offenses.
Certain cases, such as those involving prior family violence convictions combined with strangulation allegations, can be elevated to a second-degree felony.
It’s important to understand how these enhancements can affect the outcome of your case.
Additional Resources
- Integral Case: The public mental health authority for Austin and Travis County, offering counseling, crisis support, and behavioral health services. Its programs help individuals manage anger, stress, and impulse control while building long-term coping skills—steps that may be viewed positively in court.
- AWARE Central Texas: Provides free anger management classes in Austin focused on identifying triggers, improving emotional control, and preventing future conflict. The structured program includes completion certificates that can be helpful in court-related situations.
- Travis County Counseling & Education Services: Offers court-recognized anger management and life-skills classes often used in probation, bond conditions, or diversion programs. Participation can demonstrate accountability and a commitment to behavioral change.
Assault on a Public Servant Lawyer in Travis County, Texas
If you are facing a felony assault charge in Austin or Travis County, you don’t have to go through this process alone.
Michael & Associates' Austin assault lawyers defend clients facing assault on a public servant charges with focused, trial-ready representation. We keep caseloads low to provide personalized attention and build strong defenses from day one.
Though many cases are resolved before trial, we prepare every case as if it will go the distance (and we don't charge extra for this). In 2025, we achieved favorable or partially favorable outcomes in 65% of jury trials, including a 50% outright win rate.
Our team supports you personally every step of the way, ensuring you feel heard, informed, and confident in your defense. We focus on getting involved early, which can make a real difference in how your case is handled. At Michael & Associates, our team focuses on strategy, preparation, and getting results. Our attorneys look at every part of your case, including:
- Whether the use of force was justified or misinterpreted
- Witness credibility
- Video and forensic evidence
- Constitutional issues, such as excessive force or unlawful arrest
We handle cases across Austin, Travis County, and the surrounding areas, including Leander, Georgetown, Lockhart, Dripping Springs, and Round Rock.
Contact Michael & Associates Today
As soon as you’ve been accused of assault on a public servant, it’s important to contact an experienced Austin assault lawyer immediately.
Early action can affect whether your charges are reduced, dismissed, or pursued more aggressively. Our team will help you understand your options and take control of what happens next.
