Facing criminal charges stemming from an alleged assault on a public servant? Attorney Joseph Gagliardi is ready to hear your version of “what happened”. Call our office at 713-224-6277 to schedule a meeting with our legal team about your case.
Assault on public servant charges are always prosecuted as “enhanced” assaultive offenses, and don’t necessarily require the execution of physical contact to constitute a criminal act.
The State of Texas is ferocious and unforgiving when it comes to defending public servants, but, this “vigor”, shouldn’t imply that you’re guilty, as if often does.
You’ll need swift legal representation from a highly experienced criminal defense lawyer if you’re to have a chance at besting criminal charges of this magnitude. Attorney Joseph Gagliardi has experience defending individuals accused of such offenses, and may be able to help you with your case.
Public Servant Defined
The law defines a public servant as anyone who is in the employ of the local, state or federal government. We’ve listed some examples of who can be defined as a public servant, per Texas law, below.
- Any police officer, federal agent, firefighter, EMT, or disaster response personnel.
- A grand juror or juror.
- A lawyer or notary when acting on behalf of the government, in an official capacity.
- Security Guards.
- An elected official or candidate for nomination. This also applies to appointees, employees, agents, and politicians, even if they have not taken office (yet).
- Any person authorized by law to administrate law, or to act as a referee or arbitrator of the law.
- Any government employee, volunteer firefighter (paid or unpaid), or anyone directly in the employ of the state, local, or federal government.
SPECIAL NOTE: Government contractors aren’t viewed as public servants in the eyes of the law, however, the charge “may” be applicable if the government contractor was carrying out a government duty, or acting under the orders of a government official.
Assault on a Public Servant Defined
Simple Assault Definition & Criminal Penalties
Simple assault is merely a “threat of violence”. Usually, simple assault falls under misdemeanor classification. However, when a public servant is the subject of a simple assault the public servant enhancement applies. This “enhancement” ratchets the criminal charge up to that of a 3rd Degree Felony which carries a prison sentence of up to 10 years, a 10,000.00 fine, and up to 10 years on probation.
Aggravated Assault Definition & Criminal Penalties
If the public servant was injured, the defendant will prosecuted under Felony 1 guidelines which carries a maximum prison sentence of life, with a 10,000.00 fine.
If the public servant dies as a result of the assault, the State of Texas will seek the Death Penalty.
Potential Defense
One caveat of prosecuting a person for the enhanced assaultive offense of assaulting a public servant is that, for the enhancement to apply, the District Attorney’s Office must prove the defendant knew the victim was a public servant in order to secure a guilty verdict.
That is the law.
So, if you assaulted an undercover officer, or a public servant of another form, that didn’t have on a badge or clearly marked identifier indicative of their government employee status, and it wasn’t a retaliatory act or related to their capacity as a government agent, the public servant enhancement on the initial assault charge must not apply.
However, the original assault charge remains, which will be much easier to defend once the public servant enhancement is nullified, and we bring the conflict creating the assault down to a mutual level, which could lead to a case dismissal.
If the public servant was uniformed, or clearly marked to show they’re a government employee, and you were charged with assault, all hope isn’t lost. However, it is not advisable to engage in any form of conflict or confrontation with law enforcement or government personnel. In those instances, it’s best to seek legal counsel an mount a legal attack on the civil front, rather than engaging in a situation that could garner criminal charges.
Contact Attorney Joseph Gagliardi
Experienced Defense Lawyer for Public Servant Cases
The Gagliardi Law Firm, PLLC is on your side, and has successfully defended a number of Texans in assault, and police officer assault cases. If you need to schedule an appointment with an attorney who will listen to you, and fiercely advocate on your behalf, schedule a time to meet with Joe.
Our phone number is 713-224-6277. Call us today.