In Texas, assaulting a public servant is a third-degree felony under Texas Penal Code § 22.01(b)(1). Prosecutors usually have to show that the accused intentionally, knowingly, or recklessly caused bodily injury to someone they knew was a public servant doing their job.
Assault charges carry serious consequences. When the alleged victim is a public servant, the penalties can be much more severe.
These charges often come up during arrests, emergency calls, jail incidents, hospital visits, or other chaotic situations. Confusion, stress, intoxication, mental health issues, or miscommunication can quickly turn into felony accusations.
Learning how Texas law defines this offense and how these cases are defended is the first step to protecting yourself.
Attorney for Assault on a Public Servant in San Antonio, Texas
If you’re facing this kind of felony charge, it is important to act quickly.
Don’t talk about the allegations with police, investigators, or anyone else before you speak with an experienced San Antonio assault lawyer.
At Michael & Associates, our experienced San Antonio assault attorneys represent people accused of serious offenses throughout Bexar County and the surrounding areas. Our firm brings more than 425 years of combined experience and over 800 jury trials to the defense of serious criminal cases. Our team includes former prosecutors and professionals with law enforcement backgrounds who understand how these cases are investigated and prosecuted.
Being arrested for a felony can feel overwhelming. You might worry about jail, your job, your professional license, immigration issues, gun rights, or the long-term effects of a conviction.
Felony cases in Bexar County can move fast after an arrest. Getting legal help early can affect your bond, how evidence is handled, charging decisions, and your overall defense.
What Is Assault on a Public Servant in Texas?
Under Texas Penal Code § 22.01(b)(1), an assault allegation may be enhanced to assault on a public servant if prosecutors allege bodily injury against someone the accused knew was a public servant lawfully discharging an official duty.
To convict someone, the State must generally prove:
- The conduct (what happened): The allegation must involve bodily injury. Offensive contact alone does not satisfy the elements of assault on a public servant.
- The status of the alleged victim: The alleged victim must legally qualify as a public servant under Texas law.
- Knowledge: Prosecutors must show the accused knew the person was a public servant. Uniforms, marked vehicles, badges, verbal identification, or surrounding circumstances may become important evidence.
- The official duty requirement: The alleged public servant must have been lawfully discharging official duties at the time. If that element is weak or disputed, the felony enhancement may be challengeable.
What Happens After an Assault on a Public Servant Arrest in San Antonio?
After a felony arrest in Bexar County, you’re brought before a magistrate for magistration, where your rights are explained, bond is addressed, and a judge may set release conditions.
Felony prosecutions typically proceed through grand jury indictment before trial in district court. Once formal charges are filed, the case proceeds to discovery review, motion practice, negotiations, evidentiary challenges, and, if no resolution is reached, trial.
Assault Defined Under Texas Law
Texas Penal Code § 22.01 generally defines assault in three ways:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
- Threatening another with imminent bodily injury
- Making offensive or provocative physical contact
For assault on a public servant charges, bodily injury is important.
Verbal threats alone do not qualify for this felony enhancement. Offensive contact alone is not enough.
Texas law defines bodily injury broadly. It can include physical pain, illness, or any impairment of physical condition. This means even minor physical contact can become a major issue in these cases.
Who is Considered a Public Servant?
Texas Penal Code § 1.07(a)(41) defines "public servant" broadly.
Depending on the circumstances, this may include:
- Government investigators and agency employees
- Firefighters employed by public agencies
- Government-employed EMS personnel
- Correctional officers and jailers
- Judges, jurors, and court officials
- Other public employees or agents performing official governmental duties
Texas law has different rules and potentially harsher penalties depending on who the alleged victim is and the details of the accusation. Cases involving peace officers, judges, or more serious claims can lead to much tougher penalties.
Texas Penalties for Assault on a Public Servant
Simple assault involving bodily injury is often charged as a misdemeanor. Assault on a public servant under Texas Penal Code § 22.01(b)(1) is generally charged as a third-degree felony.
Potential penalties for a third-degree felony include:
- 2 to 10 years in prison
- Up to $10,000 in fines
Possible community supervision in some cases, depending on the facts, criminal history, and court discretion.
Texas law also allows for harsher penalties based on the alleged victim and the facts of the case. If the case involves peace officers, judges, or more serious conduct, the penalties can be much more severe.
If prosecutors allege serious bodily injury or the use or exhibition of a deadly weapon, they may instead pursue aggravated assault charges under Texas Penal Code § 22.02.
Potential aggravated assault penalties may include:
- Second-degree felony: 2 to 20 years in prison and fines up to $10,000
- First-degree felony: 5 to 99 years or life in prison and fines up to $10,000
Assaults on EMS Personnel in San Antonio, Texas
Assault charges involving emergency medical workers often happen in very stressful situations.
These situations can include ambulance rides, emergency room visits, crisis calls, incidents involving intoxication, mental health emergencies, or other medical events where confusion or poor judgment play a role.
If EMS personnel are considered public servants in the situation and prosecutors believe the legal requirements are met, prosecutors may pursue enhanced felony charges.
These cases often need a close look at the facts. Intent, awareness, medical condition, use of force, and witness credibility can all be key issues for the defense.
Other Assault Enhancements in Texas
Assault on a public servant is just one of the potential enhancements under Texas law.
Texas Penal Code § 22.01 includes multiple enhancement pathways depending on the allegations.
Examples include:
- Family violence allegations involving prior convictions
- Assault involving impeding breathing or circulation (strangulation)
- Assault involving protected victims
- Repeat violence-related allegations in some circumstances
Depending on the facts, a case that starts as a misdemeanor can quickly turn into a felony charge.
Understanding the exact charging theory matters because the legal strategy may change significantly depending on how prosecutors frame the case.
Additional Resources
- CHCS (The Center for Health Care Services) works to improve the lives of children and adults with mental health conditions, substance use challenges, and intellectual or developmental disabilities.
- SACADA (San Antonio Council on Alcohol and Drug Awareness) provides prevention, intervention, and recovery support services for children and adults.
- Life Skills for Living offers anger management, stress management, and conflict resolution programs for youth, teens, and adults.
Lawyer for Assault on A Public Servant in Bexar County, Texas
If you are facing felony assault charges in San Antonio or Bexar County, you do not have to face the process alone.
Our attorneys work with clients directly from the start. You will not be passed off to a junior associate as your case progresses. You will get your attorney’s direct contact information so you can text any questions.
Every lawyer approaches assault cases strategically from day one. They:
- Review body camera footage, reports, and witness statements.
- Look for inconsistencies in officer accounts.
- Challenge whether the alleged victim was lawfully performing official duties.
- Examine whether a bodily injury actually occurred.
- Investigate allegations of excessive force or unlawful police conduct.
- Analyze whether prosecutors can prove knowledge of public servant status.
- Work to reduce or dismiss charges where possible.
Our founder and managing partner, Ben Michael, prioritizes aggressive trial-ready defense. That approach matters in felony assault cases, where early pressure from prosecutors can shape outcomes.
In 2025, internal case data show our lawyers achieved 65% favorable or partially favorable jury trial outcomes, including a 50% outright win rate.
We handle all types of assault cases, including assault by contact, assault with a deadly weapon, and cases involving domestic assault and family violence.
Contact Michael & Associates Today
If you have been accused of assault on a public servant in San Antonio, speaking with a criminal defense lawyer immediately can be critical.
Taking legal action early can affect how evidence is handled, your bond, negotiations, charging decisions, and the overall direction of your case.
The prosecution starts building its case immediately after the arrest. Your defense should, too.
Contact Michael & Associates today to schedule a confidential consultation.
