AGG ASSAULT BY PUB SERVANT

Texas Penal Code § 22.02(b)(2)(A) defines the first-degree variant of aggravated assault committed by a public servant. The State must prove the underlying aggravated assault under § 22.02(a): an assault as defined by Texas Penal Code § 22.01 that either caused serious bodily injury to another or involved the use or exhibition of a deadly weapon during its commission. The distinguishing element is the identity and capacity of the accused: the defendant must have been a public servant — a category defined by Texas Penal Code § 1.07 that includes peace officers, jailers, and other government officers and employees — acting under color of the servant's office or employment. This is the mirror image of § 22.02(b)(2)(B), which elevates aggravated assault committed against a public servant; here the elevation applies because the person committing the assault acted under public authority.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Across 1,536 Texas bail settings for this charge (10 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $25,000 (middle half: $10,000 – $75,000). 1% of defendants were released on a personal bond, and bail was denied in 89 cases. When this was the only charge at booking (182 records), the median was $50,000 and 0% got a personal bond.

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

• AGG ASSLT W/DEADLY WEAPON § 22.02(a)(2)
• AGG ASSLT CAUSES SERIOUS BODILY INJ § 22.02(a)(1)
• AGG ASSAULT DATE/FAMILY/HOUSE W/WEAPON § 22.02(b)(1)
• AGG ASSAULT AGAINST PUB SERVANT § 22.02(b)(2)(b)
• AGG ASSAULT DATE/FAMILY/HOUSE W/WEAPON SBI § 22.02(b)(1)(a)