Defending Charges of Battery Against Public Servants in Texas

Defending Charges of Battery Against Public Servants in Texas

In Texas, facing an assault charge is a very serious matter with life-long consequences. These charges become even more serious when the alleged offense involves a public servant. As League City assault defense lawyers, we understand the complexities of Texas assault law and how it applies in cases involving public servants. Defending such cases requires a strategic approach tailored to the unique circumstances of each case.

Texas law takes a firm stance on offenses committed against public servants, often leading to enhanced penalties and long-term consequences. However, those accused of these charges still have legal rights and options that we are committed to upholding. Understanding the law, the legal process and the potential defenses is critical in these cases. Here, we will outline the key legal issues, potential defenses, and ramifications involved in defending charges of assault against public servants in Texas.

Understanding Assault Charges Against Public Servants

Under Texas law, a person can be charged with assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. This is codified in Texas Penal Code § 22.01. When the assault is directed against a public servant, the charge is elevated, resulting in more severe penalties. Public servants include police officers, firefighters, emergency medical personnel, and other individuals performing official duties for the state or its agencies.

To qualify as assault against a public servant under Texas law, the prosecutor must prove that:

1. The defendant committed an assault as defined by Texas Penal Code § 22.01
2. The victim was a public servant who was lawfully discharging an official duty
3. The defendant knew or had reason to believe the victim was a public servant

The law enhances the charge from a misdemeanor to a felony when the victim is a public servant, meaning even a minor altercation can lead to life-changing consequences for the accused. For example, if an officer is harmed while making an arrest or controlling a crowd, the accused could face felony punishment, meaning potential prison time and heft fines that are associated with felony offenses.

Legal Defenses for Assault Against Public Servants

Defending assault charges requires examining all the facts and circumstances of the incident, as well as the legal framework governing these cases. There are several possible defenses that can be raised, depending on the specifics of the case.

Lack of Intent

One key element in an assault charge is intent. The prosecution must prove that the accused acted intentionally, knowingly, or recklessly in causing bodily harm. If we can show that our client’s actions were accidental or that they did not have the necessary intent, we may be able to argue for the dismissal or reduction of the charges. For instance, in chaotic situations, such as protests or crowd control, incidental contact may occur without intent to harm.

Self-Defense

Generally speaking, Texas Law (Texas Penal Code section 9.31) allows individuals to defend themselves if they reasonably believe that the force is immediately necessary to protect against the other’s use or attempted use of unlawful force. Self-defense is a particularly potent defense when evidence shows that the officer or public servant used force beyond what was necessary or lawful under the circumstances.

Mistaken Identity

In some situations, particularly those involving large crowds or high-stress environments, the wrong individual may be accused of assault. We thoroughly investigate the circumstances of the incident to ensure that our client was not wrongfully identified as the person who committed the offense. Witness statements, surveillance footage, and other evidence can play a critical role in establishing that the wrong person was charged.

Acting Without Knowledge of the Victim’s Status

A defense can also be raised if the accused did not know nor could have reasonably known that the victim was a public servant. In some situations, especially when the public servant is not in uniform, or their official capacity is not obvious, the defendant might have been unaware of their status. The burden is on the prosecution to prove beyond a reasonable doubt that our client knew or should have known that the victim was a public servant.

Insufficient Evidence

In criminal cases, the prosecution must prove each element of the crime beyond a reasonable doubt. If the evidence is lacking or if there are inconsistencies in the testimony of the alleged victim or witnesses, we can challenge the sufficiency of the evidence. This might lead to a reduction of charges or a complete dismissal of the case.

Consequences of a Conviction

A conviction for assault against a public servant carries severe consequences. In addition to the criminal penalties—potential prison time, significant fines, and a felony conviction—there are other long-lasting effects. A felony conviction can result in the loss of civil rights, including the right to vote and possess firearms. Additionally, it can make it difficult to secure employment, housing, and loans. In Texas, felony convictions are almost always permanently on your record, outside of rare particular circumstances like the case being overturned on appeal.

It is essential to understand that felony convictions for assault against public servants also come with social stigma and damage to personal and professional reputations. This can affect future opportunities and relationships. As defense attorneys, we work diligently to protect our client’s rights and aim to minimize the impact that these charges have on their lives.

The Importance of Early Legal Representation

If you or a loved one is facing charges of assault against a public servant, it is critical to seek legal representation as soon as possible. The earlier we are involved in your case, the more effectively we can work to build your defense. From investigating the incident, gathering evidence, and negotiating with the prosecution, to preparing for trial, we are committed to achieving the best possible outcome for our clients.

In many cases, early legal intervention can prevent charges from escalating or lead to more favorable plea agreements. We are skilled negotiators and know how to present your case in a way that highlights the weaknesses in the prosecution’s argument. Additionally, if your case goes to trial, having experienced defense attorneys at your side ensures that you have the best possible defense strategy.

Texas Assault on A Public Servant Criminal Charge FAQs

What Is Considered a Public Servant Under Texas Law?

A public servant is defined broadly under Texas law and includes firefighters, emergency medical personnel, hospital personnel, and other government officials performing their official duties. This definition can also include elected officials and other individuals who serve in an official capacity on behalf of the state or local government.

What Penalties Could I Face If Convicted of Assault Against a Public Servant in Texas?

If convicted of assault against a public servant, you could face enhanced penalties, including being charged with a felony. It’s important to note that the penalty for assaulting either a police officer or a judge who is performing their official duties is different than the penalty for assaulting a public servant, such as a firefighter or EMS worker. The assault of a police officer or judge will land you with a second-degree felony charge, while the latter against a public servant, such as a firefighter or EMS worker, results in a third-degree felony charge.

For example, a conviction for assault against a police officer could result in a second-degree felony charge, which carries a penalty of two to 20 years in prison and a fine of up to $10,000. Additionally, a felony conviction can lead to the loss of certain civil rights, such as the right to vote and the right to possess firearms.

Can I Claim Self-Defense If I Am Charged with Assault Against a Public Servant?

Yes, under certain circumstances, you may be able to claim self-defense. Texas law allows individuals to defend themselves if they reasonably believe they are in danger of imminent harm. However, self-defense claims can be complex, particularly when the alleged victim is a public servant. It’s important to work with an experienced defense attorney who can evaluate the circumstances of your case and determine if self-defense is a viable defense strategy.

What Should I Do If I’ve Been Falsely Accused of Assault Against a Public Servant?

If you have been falsely accused, it is essential to seek legal representation immediately. We will thoroughly investigate the incident, interview witnesses, review any available evidence (such as video footage), and build a defense that demonstrates your innocence. False accusations can arise from mistaken identity, misunderstandings, or malicious intent, and we are experienced in handling these types of cases.

How Can an Assault Charge Against a Public Servant Affect My Future?

A felony conviction for assault against a public servant can be punished with prison time and hefty fines. You could lose your right to vote and possess firearms, face difficulties in securing employment, housing, educational opportunities, and endure damage to your personal and professional reputation. These long-term impacts are why it is critical to take these charges seriously and seek immediate legal representation.

Contact Our League City Assault Defense Lawyer for a Free Consultation

If you are facing charges of assault against a public servant in League City, Galveston, or the greater Houston area, it’s crucial to have a legal team that is committed to protecting your rights. Our team of dedicated defense attorneys is ready to fight for you. Contact our League City assault defense lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We will review the facts of your case and explore all available defenses to secure the best possible outcome for you. Don’t wait—call now to get the experienced legal help you need.

Mark Diaz & Associates proudly represents clients in League City, Galveston, and throughout the greater Houston, Texas area.