If you have been charged with assault on a public servant, you need to speak with an experienced attorney as soon as possible to defend your legal rights. A conviction for assault on a public servant may lead to jail time, a fine, and, of course, a criminal record. If you are facing criminal charges, you should be proactive and take charge of your case by hiring a criminal defense attorney. A criminal defense attorney may be able to have your charges reduced or dismissed. The sooner you hire a criminal defense attorney, the stronger your chances are of obtaining a good result in your case.
What is assault on a public servant?
Someone may be convicted of assault if that person knowingly, intentionally, or recklessly causing bodily injury to someone else. A conviction may also be proper if someone threatens another person with bodily injury.
An individual may be convicted of assault on a public servant if the above conditions are met and the victim is a public servant lawfully engaged in an official duty. Additionally, the charges may be brought if the assault was in retaliation for a public servant’s performance of his official duties.
What are the penalties for assault on a public servant?
Generally, assault is a misdemeanor charge. However, the Texas legislature wanted to make assault on a public servant a more serious crime. Therefore, assault on a public servant is a third degree felony.
A felony of the third degree carries between 2 and 10 years in prison, as well as a fine of up to $10,000.
Are there any defenses for assault on a public servant charges?
Assault on a public servant charges require a showing that the accused acted knowingly, intentionally, or recklessly.
Acting knowingly means that the individual is aware that his actions are reasonably certain to trigger a specific result.
Acting intentionally means that a person acts in a specific manner so as to cause a certain result.
Acting recklessly means that the individual should be aware that a certain result may occur, but acts in such a way that disregards that risk.
If an individual did not act knowingly, intentionally, or recklessly, assault charges do not stand. For example, if you accidentally injured a public servant, you should not be charged with assault on a public servant.
Additionally, you must know that the victim is a public servant to be charge with assault on a public servant. If you truly did not know the individual was a public servant—for example, perhaps the individual was not wearing a uniform—you may be able to have your charges reduced or dismissed.
Criminal defense attorneys will study the facts of your case to determine which defenses are available. Your attorney will then work hard to gather evidence to support these defenses. Your attorney may be able to gather police reports, photographs, witness statements, and other types of evidence to support your defense. In many cases, criminal charges may be reduced or dismissed.
Hiring a criminal defense attorney is the best step you can take after an arrest. Your criminal defense attorney will make sure your legal rights are protected through every step of the legal process until your criminal case is concluded.
If you need a criminal defense attorney, call the Hampton Eppes Law Group
Brian Eppes is a former Texas prosecutor who takes pride in protecting his clients’ legal rights. Our law firm is experienced in many different types of criminal charges. To schedule your free consultation, call 817-877-5201 or visit www.hamptonlegalgroup.com.