Texas Penal Code § 22.01(b)(1) – A Serious Felony Charge

In Texas, intentionally or knowingly causing bodily injury to a person you know (or should know) is a peace officer performing their official duties is classified as Assault on a Public Servant (often called Assault on a Peace Officer).

Key Elements the State Must Prove

• You caused bodily injury (any physical pain, illness, or impairment – even minor pain counts)
• The victim was a peace officer (police, sheriff, constable, trooper, game warden, etc.) or emergency services personnel
• The officer was lawfully discharging an official duty at the time
• You knew or were told the person was a peace officer

Punishment Range

• Third-degree felony: 2–10 years in prison and up to $10,000 fine
• If a deadly weapon was used or exhibited: Second-degree felony (2–20 years)
• If serious bodily injury occurred: First-degree felony (5–99 years or life)

Even threatening an officer with imminent bodily injury while knowing they are a peace officer can be charged as a third-degree felony under certain circumstances (§ 22.01(c) and enhancements).

Common Fact Patterns That Lead to This Charge

• Pushing, striking, or spitting on an officer during an arrest
• Kicking or attempting to kick an officer while being placed in a patrol car
• Struggling in a way that injures an officer’s hand, knee, or back
• Throwing objects at police during a protest or disturbance

Because officers are considered “public servants,” the law imposes harsher penalties than simple misdemeanor assault, even when the injury is relatively minor.

Why You Need Barton & Associates Immediately

An assault on a peace officer charge is aggressively prosecuted in Texas. Prosecutors and law enforcement view these cases as attacks on the justice system itself. Bond amounts are typically high, and many judges impose “no-contact with law enforcement” conditions that are easy to accidentally violate.
At Barton & Associates, Attorneys at Law, we have successfully defended hundreds of clients charged with assault on a peace officer across Texas. Our former prosecutors and board-certified criminal defense attorneys know exactly how these cases are built—and how to tear them apart.

What We Do From Day One

• Investigate whether the officer was truly acting within lawful duties
• Obtain and review body-cam, dash-cam, and bystander video early
• Challenge the “bodily injury” element (minor or accidental contact often does not qualify)
• Expose use-of-force issues that justify a client’s reaction as reasonable self-defense
• Negotiate pre-indictment dismissal or reduction to misdemeanor resisting arrest when possible

Time is critical. Evidence disappears, memories fade, and grand juries indict quickly.

If you or a loved one has been arrested or is under investigation for assault on a peace officer in Texas, contact Barton & Associates, Attorneys at Law for a free, confidential consultation. The sooner we start fighting, the better your chances of keeping this charge from ruining your future.