ASSAULT PUBLIC SERVANT
Assault Public Servant in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “ASSAULT PUBLIC SERVANT” means
Texas Penal Code § 22.01(b)(1) denotes third-degree-felony assault of a public servant. The State must prove a bodily-injury assault under § 22.01(a)(1) — that the defendant intentionally, knowingly, or recklessly caused bodily injury to another — committed against a person the defendant knew was a public servant, either while the public servant was lawfully discharging an official duty or in retaliation for or on account of the servant's exercise of official power or performance of an official duty. "Public servant" is defined by Texas Penal Code § 1.07 and includes officers, employees, and agents of government, jurors, and others performing governmental functions. Since 2017, assaults on peace officers and judges have been carved out into § 22.01(b-2), a second-degree felony, so this subsection typically covers other public servants such as jailers, detention officers, code officials, and government employees.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for ASSAULT PUBLIC SERVANT in Texas
Across 15,612 Texas bail settings for this charge (82 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $3,500 – $20,000). 3% of defendants were released on a personal bond, and bail was denied in 1,044 cases. When this was the only charge at booking (3,507 records), the median was $10,000 and 6% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 1,416 | $3,000 | $1,500 – $7,500 | 0% | 2% |
| El Paso | 1,005 | $5,000 | $3,000 – $15,000 | 6% | 12% |
| Travis | 827 | $8,000 | $5,000 – $15,000 | 14% | 5% |
| Dallas | 785 | $10,000 | $5,000 – $20,000 | 0% | 4% |
| Bexar | 705 | $10,000 | $10,000 – $20,000 | 0% | 13% |
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.
How real ASSAULT PUBLIC SERVANT cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
- ASSAULT CAUSES BODILY INJURY FAMILY MEMBER § 22.01(a)(1)
- ASSAULT CAUSES BODILY INJ § 22.01(a)(1)
- ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT § 22.01(b)(2)(b)
- ASSAULT FAMILY/HOUSEHOLD MEMBER PREV CONV IAT § 22.01(b)(2)(a)
- ASSAULT PEACE OFFICER/JUDGE § 22.01(b-2)
- ASSAULT OF PREGNANT PERSON § 22.01(b)(8)
- ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT § 22.01(b-3)
- ASSAULT ON SECURITY OFFICER § 22.01(b)(4)
Charged with ASSAULT PUBLIC SERVANT?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.