Assaulting a Police Officer or Public Servant

Chapter 22 of the Texas Penal Code states that a person commits assault if he or she knowingly and recklessly causes bodily injury to someone else. He/she can also be charged with assault for knowingly threatening another person with bodily injury.

An individual can be charged with a Class A misdemeanor if he or she commits assault against:

  • a person who is lawfully performing an official duty
  • a person who the suspect knows is performing a service within the scope of a contract
  • a person who the suspect knows is a security officer
  • a person who the suspect knows is an emergency service personnel while the providing emergency services.

Aggravated Assault

In many states an aggravated assault charge will be issued when the suspect intentionally causes extreme physical injury to another person whom he or she is aware of as being a police officer. Serious physical injury is defined as the physical impairment of someone which results in a risk of death, causation of death, serious and prolonged disfigurement, prolonged loss of a bodily organ functions, or health impairment.

Potential Sentence

A person accused of aggravated assault can face a fine and up to 20 years behind bars. It is possible to receive community supervision if never convicted of a felony. The sentence is determined by the severity of the offense.

Contact Us

If you have been convicted of assaulting a police officer or other public servant, contact Austin criminal lawyer Ian Inglis at (512) 472-1950.


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