An allegation of assault on a public servant or peace officer can turn a brief confrontation into a felony prosecution. Fulgham Hampton Criminal Defense Attorneys represents people throughout Tarrant County accused of injuring an officer, jailer, or city employee during a heated encounter. Our firm's criminal defense lawyers get involved early to review the evidence and challenge the allegations before an indictment.
We review the reports, the body camera video, and the officer's own account of what happened. Call 817-877-3030 to have our team review your charge.
Why Tarrant County Clients Turn to Our Defense Team
Partners Jeff Hampton and Brandon Fulgham both worked as prosecutors before becoming criminal defense attorneys. Hampton's live firm bio confirms that he served as a felony, misdemeanor, and grand jury prosecutor in Tarrant County. Fulgham's bio likewise documents experience as a Tarrant County felony, misdemeanor, and grand jury prosecutor. That firsthand experience gives our defense team insight into how local prosecutors evaluate evidence and build criminal cases.
That background can matter in the weeks before a grand jury votes, when the charge is still under review and the defense may have an opportunity to present information for prosecutors to consider.
In some cases, the defense can ask to present information to a Tarrant County grand jury before an indictment is returned. The grand jury may return an indictment or decline to indict, which is called a no-bill. Our lawyers appear regularly in the criminal district courts inside the Tim Curry Criminal Justice Center.
Call 817-877-3030, send us the facts, and let our team tell you where your case stands.
Who Is Considered a Public Servant Under Texas Law?
Public servants include far more people than police officers. Texas treats anyone carrying out an official government duty as a public servant, which includes:
- Police officers, sheriff's deputies, and state troopers
- Jailers and correctional officers
- Firefighters employed by a city or county
- Public school teachers and administrators
- Judges, clerks, and court staff
- City and county employees on duty
The label alone does not create a felony. Prosecutors must also prove you knew the person held that role and was lawfully doing the job at that moment, or that the assault was in retaliation for that work. Both pieces give our defense lawyers room to work.
Texas law presumes you knew the person's role if they wore a distinctive uniform or badge, but that presumption can be challenged. Emergency services personnel, such as paramedics, are protected under a separate category of the same statute.
Our Clients
How Does Texas Define Assault by Bodily Injury?
Texas defines assault by bodily injury as intentionally, knowingly, or recklessly causing bodily injury to another person, and Texas Penal Code § 22.01 covers the offense. Under Texas Penal Code § 1.07, bodily injury means physical pain, illness, or any impairment of physical condition. An injury does not need to leave a visible mark.
The felony bump applies only to assault that causes injury. In contrast, a threat or offensive touching without injury remains a misdemeanor assault charge, even when an officer is involved. Our lawyers read the offense report to see which version the State alleged.
Call 817-877-3030 to have our team check which version of the offense appears in your paperwork.
What Is Aggravated Assault Against a Public Servant?
Aggravated assault is the same act with one added factor. The charge applies when the State alleges either of the following:
- Serious bodily injury to the public servant
- Use or display of a deadly weapon
Serious bodily injury is a legal term for injury that creates a substantial risk of death, causes death, or causes serious permanent disfigurement or protracted loss or impairment of the function of a body part or organ. Texas lawmakers wrote the offense into Texas Penal Code § 22.02 and listed public servants among the protected groups. A vehicle or a thrown object can count as a deadly weapon.
Texas Penalties for Assault on a Public Servant or Peace Officer
Penalty ranges depend on who was hurt and how badly. A charge of assault on a public servant or peace officer can land in these grades:
- Third-degree felony: Injuring a public servant carries two to 10 years in prison and a fine up to $10,000.
- Second-degree felony: Injuring a peace officer or judge who is lawfully discharging an official duty carries two to 20 years and the same maximum fine.
- First-degree felony: Aggravated assault on a public servant carries five to 99 years or life in prison.
The second-degree tier sits in its own subsection of § 22.01, separate from the general public servant provision. Assault causing bodily injury to someone known to be a peace officer or judge can qualify as a second-degree felony, one level above a standard public servant assault charge, when the statutory requirements are met.
A wrong tier changes your exposure by a decade. Call 817-877-3030 and ask our Fort Worth defense team to review the grade on your indictment.
What Is the Statute of Limitations for Assaulting a Peace Officer?
Prosecutors generally have three years to bring a felony assault charge. That deadline is the catch-all period in Texas Code of Criminal Procedure Article 12.01 for felonies with no longer window listed. The clock starts on the day of the incident.
Waiting out the clock is generally not beneficial, because officer-involved cases tend to move quickly. Body camera footage and booking records are created at the scene and can reach the district attorney's office early in the case.
Defenses Our Fort Worth Lawyers Raise in Officer Assault Cases
Most of these cases come down to a handful of provable details. Step one is pulling the video and the reports, then testing angles like these:
- No proof you knew the person was a public servant
- The officer was not lawfully discharging an official duty
- No bodily injury occurred
- Accidental contact during a struggle, without intentional, knowing, or reckless conduct
- Misidentification in a crowd
Self-defense has strict limits during an arrest. Under Texas Penal Code § 9.31, a person generally cannot use force to resist a known officer's arrest, even if the arrest is unlawful. A narrow exception may apply when the officer uses more force than necessary before the person offers any resistance, and the person reasonably believes force is immediately necessary for protection.
Call 817-877-3030 to have our team compare the video against each of these defenses.
FAQs: Assault on a Public Servant or Peace Officer
Our team fields these questions after the first court setting. None of the answers replaces a review of your facts.
Will a Conviction for Assaulting an Officer Show Up on a Background Check?
A felony conviction for assaulting an officer stays on your criminal history and shows up on employer, housing, and licensing checks. Expunction, a court order that destroys arrest records, generally is not available once a case ends in a final conviction.
Can I Bond Out of the Tarrant County Jail While the Case Is Pending?
Most people charged with assaulting an officer in Tarrant County can bond out, though a felony officer-assault case often carries a higher bond and added conditions. If the amount looks unreasonable, our lawyers can file a motion asking the court to set a bond you can post.
Does a Felony Assault Conviction Take Away My Gun Rights?
A felony assault conviction brings a federal firearm ban under 18 U.S.C. § 922(g), and Texas Penal Code § 46.04 separately restricts where and when a person with a felony conviction may possess a firearm. Texas also restricts jury service and some occupational licenses after a felony.
What Should I Do if a Detective Calls Me About the Incident?
If a detective calls about the incident, decline to discuss it and call a defense lawyer first. Anything you offer, even an innocent explanation, can be written into the arrest warrant affidavit, and our lawyers can handle communication with the detective instead.
Can the Charge Be Cleared From My Record if the Case Is Dismissed?
A dismissal may make expunction possible, but eligibility depends on how the case ended and whether the statutory requirements are met. A grand jury no-bill or a not guilty verdict may also support expunction under Texas law. Because the rules vary by case outcome and timing, a defense lawyer can review whether your arrest record qualifies to be cleared.
Call Our Team About an Assault on a Public Servant or Peace Officer Charge
A charge following a confrontation with police requires prompt attention, while evidence is available and defense options remain open. Fulgham Hampton Criminal Defense Attorneys reviews assault on a public servant or peace officer charges across Tarrant County.
Call 817-877-3030 to discuss your case with our criminal defense team.