Assault on a public servant is a serious offense in Texas – in fact there is a section of the Texas penal code that is soley devoted to assault against a public servant. This form of assualt is more serious than a typical assault charge. For that reason, it’s important that assault against a public servant charges are handled by an experienced criminal defense attorney who has successfully defended this kind of offense.
In general a public servant is someone who works for the government – this can be at the local city level or state and federal level. Thus, while a federal agent is a public servant so are local police and law enforcement. Importantly, in order to be guilty of assault against a public servant the person charged must know the victim is a public servant. In many cases it is obvious but in some, for example an undercover officer, it is not obvious the victim is a public servant. While assault on a public servant / law enforcement is a third-degree felony charge, these situations are quite volatile because they can quickly result in death as a result of being shot by an officer. While anger can result (especially if one feels mistreated or was not in the wrong) it is extremely important to try and remain calm and later let a professional attorney handle your situation.
Penalty for Assault Against Public Servant
Consequences for assaulting a public servant can be quite severe and depend on many factors, such as whether a weapon was used. A third-degree felony can carry up to ten years in prison and $10,000. There are also lengthy probation terms of up to ten years. In Texas, if the assaulted dies the offense can carry the death penalty.
If you are charged with assault against a public servant call Carl Haggard today at (832) 328-0600 for a free confidential consultation about your charges. Carl is an Ex-Chief District Prosecutor with over 30 years of experience and has a winning trial record as a Houston criminal defense attorney. After your case evaluation Carl and The Haggard Law Firm will go to work to fight for you and provide the best defense possible against your charges.