Can You Face Felony Charges For Pushing Or Striking A Police Officer During An Arrest In Texas?
An arrest can become physical very quickly, especially when a person is frightened, confused, intoxicated, injured, or believes the officer is using unnecessary force. A push, shove, kick, punch, or other physical contact with an officer can lead to an additional criminal charge even when the original reason for the arrest was relatively minor. In Galveston County, causing bodily injury to a police officer who is lawfully performing an official duty can elevate an assault allegation to a felony.
Depending on what happened, a person may also face a separate charge for resisting arrest. When we defend these cases, we focus closely on the officer’s conduct, body-camera footage, witness statements, the amount of force involved, whether an injury actually occurred, and whether prosecutors can prove each required element beyond a reasonable doubt.
Assaulting A Police Officer Can Become A Third-Degree Felony
Texas Penal Code § 22.01 defines several forms of assault. Under § 22.01(a)(1), a person commits assault when the person intentionally, knowingly, or recklessly causes bodily injury to another person. What might ordinarily be prosecuted as a Class A misdemeanor can become a third-degree felony when bodily injury is caused to a person the accused knows is a public servant while that public servant is lawfully discharging an official duty.
Police officers are considered public servants under this law. So, hitting an officer during a lawful arrest can lead to felony charges, even if the injury is not severe. Texas law does not require a broken bone or hospital stay for an injury to count as significant.
According to Texas Penal Code § 12.34, a third-degree felony can mean two to ten years in prison and a fine of up to $10,000. Because the punishment can be so serious, it is important to tell the difference between offensive contact, real injury, accidental movement, and force used during an arrest.
A Push Does Not Automatically Mean The Same Thing As A Punch
The facts surrounding the physical contact matter. Texas Penal Code § 22.01 distinguishes between conduct that causes bodily injury and physical contact that a person knows or reasonably should believe another will regard as offensive or provocative.
A prosecutor may characterize a forceful push as bodily-injury assault if the officer reports pain or some other physical impairment. We do not simply accept that characterization without examining the evidence. Body-camera video may show whether the alleged push was deliberate, whether the officer was injured, whether the accused was trying to regain balance, or whether several officers were pulling or pushing the person at the same time.
Arrests can be chaotic, and movements may look different when slowed down on video. What an officer calls an intentional hit might actually be someone moving instinctively, losing balance, or trying to protect themselves.
Resisting Arrest Is A Separate Texas Criminal Charge
A physical struggle with an officer can also result in a charge under Texas Penal Code § 38.03. A person commits resisting arrest, search, or transportation when the person intentionally prevents or obstructs someone the person knows is a peace officer, or a person acting under an officer’s direction, from making an arrest, conducting a search, or transporting the person by using force against the officer or another person.
Resisting arrest is ordinarily a Class A misdemeanor. It becomes a third-degree felony when a deadly weapon is used to resist the arrest or search.
This means one incident can lead to more than one charge. Prosecutors might say someone resisted arrest and also assaulted the officer. We look at whether the actions really meet the requirements for both charges and if the evidence supports treating them as separate offenses.
An Unlawful Arrest Does Not Automatically Give Someone The Right To Resist
One of the most misunderstood areas of Texas law concerns unlawful arrests. Texas Penal Code § 38.03 expressly states that it is not a defense to resisting arrest that the arrest or search itself was unlawful.
Texas Penal Code § 9.31 also limits the use of force against a known peace officer who is making an arrest or search. In general, force is not justified merely because the person believes the arrest is unlawful.
Because of this, you should not assume you are allowed to resist arrest just because the officer did not have probable cause or made a mistake. You can still challenge the arrest in court later, but Texas law expects people to fight an unlawful arrest through legal channels, not by physically resisting.
Texas Law Recognizes A Limited Exception When An Officer Uses Excessive Force
The law becomes more complicated when an officer uses force beyond what Texas law permits. Section 9.31© provides a limited justification for resistance when, before the accused offers any resistance, the officer uses or attempts to use greater force than necessary to make the arrest or search and the accused reasonably believes force is immediately necessary to protect against the officer’s excessive force.
This is not a broad right to fight with police. The timing and degree of force matter. If a person initiates the physical confrontation simply because the person does not want to be arrested, the defense may not apply.
When excessive force is genuinely at issue, body-camera video can become some of the most important evidence in the case. We look at when physical force began, what commands were given, what the accused was doing immediately beforehand, whether the officer escalated the encounter, and whether the person’s response was proportional to the force being used.
Serious Injury Or A Deadly Weapon Can Lead To Much More Severe Charges
An allegation can become significantly more serious if the officer suffers serious bodily injury or if the accused uses or exhibits a deadly weapon. Texas Penal Code § 22.02 defines aggravated assault to include an assault that causes serious bodily injury or involves the use or exhibition of a deadly weapon.
When aggravated assault is committed against a person the accused knows is a public servant who is lawfully discharging an official duty, Texas law can classify the offense as a first-degree felony. A first-degree felony carries a potential punishment of five to ninety-nine years or life in prison, along with a possible fine of up to $10,000 under Texas Penal Code § 12.32.
These cases require careful factual analysis because the difference between resisting arrest, assault on a public servant, and aggravated assault can mean dramatically different potential punishment.
Body-Camera Video Can Be Critical Evidence
Police encounters are often recorded from several angles. Body cameras, patrol-car cameras, jail cameras, security systems, cell phones, and nearby business surveillance can provide evidence that is far more reliable than a description written after the arrest.
We compare the video to the officer’s written report and any statements attributed to the accused. We also examine whether the video shows commands being given, whether the accused had time to comply, whether several officers were restraining the person, and what happened immediately before the alleged push or strike.
Video can support the prosecution, but it can also expose inconsistencies. A report stating that a defendant deliberately punched an officer may look very different if the video shows the person’s arm being pulled while several officers were struggling to place that person in handcuffs.
Intent And Knowledge Matter In An Assault Case
The prosecution must prove the required mental state. Under Texas Penal Code § 22.01(a)(1), bodily-injury assault can be based on intentional, knowing, or reckless conduct.
That does not mean every accidental contact during an arrest becomes felony assault. We examine how the contact occurred and whether the evidence establishes the required state of mind. A person who trips, loses balance, instinctively raises an arm, or is pushed into an officer presents a different factual situation from someone who deliberately turns and strikes an officer.
The distinction may become one of the central issues in the defense.
Frequently Asked Questions About Pushing Or Striking A Police Officer In Texas
Is Pushing A Police Officer Automatically A Felony In Texas?
No. Whether a push results in a felony charge depends on what prosecutors claim occurred and which elements they can prove. Under Texas Penal Code § 22.01, causing bodily injury to a person the accused knows is a public servant while that person is lawfully performing an official duty can elevate an assault allegation to a third-degree felony.
A push may therefore become a felony allegation if the officer claims the contact caused bodily injury. However, every physical contact does not automatically prove bodily injury, and every movement is not necessarily intentional, knowing, or reckless. We examine video, witness testimony, medical records, photographs, and the physical circumstances surrounding the arrest before assessing what the evidence actually establishes.
Can I Be Charged With Assault If The Officer Was Not Seriously Hurt?
Yes. Texas assault law does not require serious bodily injury for a bodily-injury assault charge. An allegation of pain or another physical impairment may be enough for prosecutors to claim bodily injury under Texas law.
Serious bodily injury becomes especially significant in an aggravated assault case under Texas Penal Code § 22.02. When serious bodily injury is alleged against an officer lawfully performing an official duty, the potential charge and punishment can become substantially more severe.
The extent of any injury should still be investigated. Medical records, photographs, contemporaneous statements, and video may become relevant when the officer’s claimed injury is disputed.
Can I Be Charged With Both Resisting Arrest And Assaulting A Police Officer?
Potentially, yes. Resisting arrest under Texas Penal Code § 38.03 and assault under § 22.01 contain different elements. Resisting arrest focuses on intentionally obstructing an arrest, search, or transportation through force, while assault focuses on conduct such as causing bodily injury.
Depending on the facts, prosecutors may allege that a person physically resisted being handcuffed and also injured an officer during the same encounter. Whether both charges are legally and factually supported depends on exactly what occurred.
We examine each alleged act rather than treating the entire struggle as a single undifferentiated event.
Can I Defend Myself If A Police Officer Uses Excessive Force During An Arrest?
Texas law provides a narrow circumstance in which force may be justified. Under Texas Penal Code § 9.31©, a person may potentially use force when an officer uses or attempts to use greater force than necessary before the person’s resistance begins and the person reasonably believes force is immediately necessary to protect against the officer’s excessive force.
This defense depends heavily on timing and proportionality. A person generally cannot initiate force merely because the person believes the arrest is unfair or unlawful.
Body-camera footage, witness recordings, injuries, medical evidence, and testimony about the sequence of events may therefore be central to determining whether this limited justification applies.
Speak With Mark Diaz & Associates About An Assault On A Police Officer Charge
A few seconds during an arrest can lead to a felony accusation that follows you long after the encounter ends. If police accuse you of pushing, striking, kicking, or otherwise assaulting an officer, we can examine the body-camera footage, officer reports, witness statements, medical evidence, arrest circumstances, and the sequence of events leading to the alleged contact. We also look closely at whether prosecutors can prove bodily injury, the required mental state, knowledge that the person was a public servant, and whether the officer was lawfully discharging an official duty.
When you hire Mark Diaz & Associates, you work directly with your attorney. Our clients have direct access to us, including personal contact information, because questions, emergencies, and serious concerns do not always arise during ordinary business hours. You will not simply be handed off to a junior associate or left feeling that your case is one more file on a crowded docket. From the arrest and investigation through the final resolution of the case, we remain personally involved and accessible.
Mark Diaz & Associates represents people accused of serious criminal offenses in Galveston and throughout Houston, Texas. If you are facing allegations of assaulting a police officer, resisting arrest, aggravated assault, or another criminal charge, contact our Galveston striking a LEO lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation.
