Assault of a Public Servant in Texas: What Happens When a Routine Arrest Turns Into a Felony
By Thom Nisbet
You may have been angry. You may have been scared. Maybe you pulled away. Maybe you said something you now regret. But in the heat of the moment, what felt like resistance can be charged as assault of a public servant—a third-degree felony in Texas. That’s serious time, a permanent record, and a label that can follow you forever.
At Christian, Nisbet & Casillas, we understand how quickly these situations escalate—especially when alcohol, stress, or mental health are involved. We defend people who were caught off guard, overwhelmed, or flat-out misidentified. And we know what it takes to fight these charges in court.
Who Counts as a Public Servant?
Under Texas Penal Code §22.01(b)(1), you can be charged with felony assault if the alleged victim is a:
Police officer
Firefighter
EMT or paramedic
Correctional officer or jailer
Public official acting in their official duties
And here’s the key: intent to harm is not required. Even a shove, spitting, or a defensive reaction during an arrest can be enough—if prosecutors claim you should have known the person was a public servant.
Penalties for Assaulting a Public Servant
This charge is a third-degree felony, punishable by:
2 to 10 years in prison
Up to $10,000 in fines
Loss of gun rights, voting rights, and other civil liberties
A lifelong felony record that can’t be expunged
If a weapon was involved, or if the incident is classified as aggravated assault, the charge can be elevated to a second-degree or first-degree felony.
Recent Legal Developments in Texas
Body cam footage now central: Prosecutors are relying heavily on officer body cam footage. But we use that too—to challenge overreactions or inconsistencies in the arrest.
Enhanced protections in hospitals and jails: New policies mean any physical contact with jailers or medical staff during detainment may automatically be referred as felony assault.
Legislative pressure: Lawmakers have encouraged DA offices to file charges more aggressively in cases involving first responders.
These developments mean you're likely facing more serious treatment than ever before—even for nonviolent behavior.
How We Build a Defense
1. We Challenge Whether You Knew They Were a Public Servant
Did the person identify themselves? Were they in uniform? If not, the charge may not apply.
2. We Show That Any Contact Was Unintentional or Defensive
You have a right to protect yourself from excessive force. If you were reacting to fear or confusion—not aggression—we make that clear.
3. We Use Video Evidence to Your Advantage
Body cam footage isn’t just for prosecutors. We’ve used it many times to show clients were calm, restrained, or even provoked.
4. We Highlight Medical, Mental Health, or Substance Factors
If alcohol, mental illness, or a medical emergency influenced your behavior, we seek alternatives to prison and felony conviction.
5. We Push for Charge Reductions or Dismissals
When appropriate, we advocate for misdemeanor resolutions, diversion programs, or complete dismissal based on lack of intent or flawed procedure.
What You Should Do If You’ve Been Arrested
Don’t speak to police or prosecutors—no matter how casual the conversation seems
Don’t post anything about the incident on social media
Gather any witness names or recordings you can
Contact a defense attorney immediately to preserve all evidence and start negotiations early
Final Thoughts
Assault of a public servant is one of the most overcharged offenses in Texas. But a single bad moment—especially under stress—doesn’t make you a criminal. And it certainly doesn’t mean you deserve a felony record.
When a misunderstanding turns into a life-changing charge…we’re that call.
