Experienced Defense for Felony Assault Charges Against Public Servants in Houston.
An assault of a public servant in Houston is a serious crime. If you’ve been arrested for assaulting a police officer or other public servant in Houston or Harris County, you could be facing significant jail time, as well as thousands of dollars in fines. An arrest or conviction for assault of a public servant will permanently be on your record. It can make it hard to get a job, find a place to live, go to school, or get public assistance.
On This Page
Protect Your Rights when Charged with Assaulting a Public Servant. This is why you need to contact an experienced criminal defense attorney as soon as possible after your arrest. Lisa Shapiro Strauss is an assault lawyer in Houston who has successfully defended clients accused of all types of assault in Houston and Harris County. The sooner you have Lisa working on your side, the more opportunities there will be to examine the evidence against you and formulate an effective defense strategy. Lisa’s representation could mean the difference between going to jail or going free.
What Is A Public Servant Under Texas Law?
Texas law defines a public servant broadly. According to the Texas Penal Code, a public servant is “a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties.”
This includes:
- An officer, employee, or agent of government.
- A juror or grand juror.
- An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy.
- An attorney at law or notary public when participating in the performance of a governmental function.
- A candidate for nomination or election to public office.
- A person who is performing a governmental function under a claim of right, although he is not legally qualified to do so.
You are presumed to have known the person you assaulted was a public servant if that person was wearing a distinctive uniform or badge indicating that the person is a public servant. This presumption is important in how these cases are prosecuted in Houston and Harris County.
Understanding Assault Against a Public Servant
According to Texas state law, assault is a crime that occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another; threatens them in a way that would cause the other person to fear for their safety; or has physical contact with another person in a way that would reasonably be considered offensive or provocative. It becomes aggravated assault if a person uses or exhibits a deadly weapon during the commission of the assault. In both instances, the penalties are more severe when they involve assault against a public servant.
Felony Levels and Penalties in Houston & Harris County
Assault against a public servant significantly elevates the level and potential penalties of an assault charge in Texas. These cases are taken very seriously by prosecutors in Harris County.
Simple Assault Against a Public Servant is a Third Degree Felony
In most circumstances, simple assault is a Class A misdemeanor offense. A conviction can result in a punishment of up to a year in county jail and fines of up to $4,000. However, these charges can be bumped up to a Third Degree Felony when the offense is committed against “a person the accused knows is a public servant while that public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.”
A conviction for a third degree felony could get you 2-10 years in prison as well as fines of up to $10,000.
Aggravated Assault Against a Public Servant is a First Degree Felony
Aggravated assault with a deadly weapon in Texas is usually a second degree felony. If convicted, you could receive a prison sentence of between 2 to 20 years and fines up to $10,000. However, the charges can be bumped up to a First Degree Felony when the assault is directed against a public servant. A conviction for a first degree felony conviction can get you 5 to 99 years or Life in prison and up to $10,000 in fines.
If the assault against a public servant results in the death of the public servant, you could face the Death Penalty in Texas.
Understand the severe penalties for assaulting a public servant. Contact a Houston attorney.
Building Your Defense Against Public Servant Assault Allegations
If you’ve been charged with assaulting a public servant in Houston, a robust defense is crucial. The prosecution in Harris County will vigorously pursue these cases.
Possible defenses for a charge of Assault against a Public Servant in Texas can include:
Possible Defenses
- Unawareness the Person Was a Public Servant: Arguing that you did not know, and could not have reasonably known, the person you allegedly assaulted was a public servant engaged in their official duty. This is particularly relevant if they were not in uniform or displaying a badge.
- Lawful Discharge of Duty: Arguing that the public servant was not lawfully discharging an official duty at the time of the alleged assault.
- Accident: Arguing that any physical contact was accidental and not an intentional, knowing, or reckless assault.
- Self-Defense: Arguing that your actions were necessary to defend yourself from unlawful force initiated by the public servant.
- Lack of Bodily Injury: If bodily injury is an element of the charge, arguing it did not occur or was not caused by your actions.
- Insufficient Evidence: Arguing that the prosecution has failed to meet their burden of proving every element of the charge.
- False Accusations: Presenting evidence that the allegations are untrue or exaggerated.
The sooner you have an experienced criminal defense attorney working on your side, the more opportunities there will be to examine the evidence against you and formulate an effective defense strategy. Don’t plead guilty to any criminal charge until you’ve had a chance to speak with a lawyer.
Build Your Defense Against Public Servant Assault Charges. Contact Our Houston Office.
Why Choose Lisa Shapiro Strauss for This Serious Charge?
An assault of a public servant in Houston is a felony charge that demands an attorney with specific experience and insight into how these cases are handled by the State and the courts. Lisa Shapiro Strauss offers critical qualifications to defend you.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor. She understands the criminal justice system from both sides. As a former county prosecutor, she was trained by prosecutors, so she knows how they approach each type of criminal case. Her background provides invaluable insight into the strategies and evidence likely to be used by the Harris County District Attorney’s Office.
Extensive Experience in Assault Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has successfully defended clients accused of all types of assault in Houston and Harris County. She understands the complexities of felony assault cases and how to build strong defenses.
Local Knowledge of Harris County Courts
Her experience and unique background enable her to work with clients through many of life’s toughest situations. She knows the prosecutors, judges, court staff, and the way the system works in Harris County. This local knowledge is a significant asset in navigating the legal process effectively.
Frequently Asked Questions About Assaulting a Public Servant
Facing charges of assaulting a public servant in Houston can lead to many questions. Here are answers to some common ones:
What Is A Public Servant?
Under Texas law, a public servant is broadly defined and includes elected or appointed officials, government employees, jurors, arbitrators, attorneys and notaries performing governmental functions, and candidates for public office.
Is assaulting a public servant always a felony?
Yes. Even a simple assault against a public servant, when the accused knows the person is a public servant lawfully discharging a duty, is elevated to a Third Degree Felony in Texas. Aggravated assault against a public servant is a First Degree Felony.
Does it matter if I didn’t know the person was a public servant?
It can. The law states the accused must “know” the person is a public servant. While you are presumed to know if they are in uniform or wearing a badge, challenging this knowledge can be part of a defense strategy depending on the circumstances.
Should I Accept a Plea Agreement for this charge?
Deciding whether to accept a plea agreement for a felony charge like this is a critical decision. We will thoroughly evaluate the evidence, the strengths and weaknesses of the case, and the potential outcomes of going to trial versus a plea offer in Harris County to provide clear guidance.
Can Self-Defense be a defense?
Yes, self-defense can be a viable defense if you used force, including deadly force if necessary, to protect yourself or another person from the alleged victim’s use or attempted use of unlawful force. The specifics of Texas self-defense law and the facts of your case are critical.
Will this charge appear on a background check?
Yes, a felony charge and especially a felony conviction for Assault of a Public Servant will appear on criminal background checks indefinitely, significantly impacting employment, housing, and other opportunities.
Harris County Assault Charge Case Results
Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in serious assault cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing assault charges, including felony allegations, in Houston and Harris County.
Protect Your Rights: Get Help Today
Being charged with Assault of a Public Servant is a serious felony in Texas with significant potential consequences. You need an experienced defense attorney who understands the complexities of these cases and how they are prosecuted in Harris County courts.
Lisa Shapiro Strauss provides aggressive defense for individuals facing charges of assaulting a public servant. With her background as a Former Prosecutor and extensive experience in local courts, she is exceptionally qualified to build a strong defense strategy tailored to your specific situation.
Don’t plead guilty or talk to the police without speaking to an attorney. Protect your rights and your future by contacting the law offices of Lisa Shapiro Strauss today to schedule a confidential consultation.
