Touching, pushing, or striking an officer during an arrest turns a simple assault into one of the most aggressively prosecuted charges in Harris County — often a first-degree felony before you’ve even been booked. A Houston criminal defense lawyer can show you how these cases are built, and how often the officer’s own report doesn’t hold up.
Why This Charge Is Treated Differently
- Automatic felony enhancement: Assaulting a peace officer, judge, or public servant lawfully performing an official duty elevates the charge — up to a first-degree felony when serious injury or a deadly weapon is involved.
- The uniform presumption: If the officer was in a distinctive uniform or displayed a badge, the law presumes you knew they were a public servant — a presumption your lawyer can still challenge.
- Chaotic arrest scenes: These charges frequently arise out of the confusion of a struggling arrest, not a deliberate attack, and that distinction matters to a jury.
How Texas Punishes It
- First-degree felony: 5 to 99 years or life in prison and up to a $10,000 fine when the assault is against a public servant lawfully discharging an official duty.
- Third-degree felony: Applies when the public servant wasn’t a peace officer or judge.
Building the Defense
Body camera and dashcam footage almost always exists in these cases — and it often tells a very different story than the offense report. Whether the officer was lawfully discharging an official duty, whether you knew you were dealing with an officer, and whether any contact was intentional rather than incidental during a struggle are all fair fights.
Charged With Assaulting an Officer? Contact Blass Law Now
These cases move fast and prosecutors rarely offer an easy way out. Contact Blass Law for a confidential case evaluation or call (713)-664-4000 before you say another word to investigators.
Related Charges
- Aggravated Assault
- Deadly Conduct
- Terroristic Threat
- Aggravated Assault With a Motor Vehicle
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.