ASSAULT PUBLIC SERVANTTexas Penal Code (PC) § 22.01(b)(1)
Assault Public Servant is a third-degree felony under Texas Penal Code (PC) § 22.01(b)(1). It is punishable by 2 to 10 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “ASSAULT PUBLIC SERVANT” mean?
Assault Public Servant is a third-degree felony under Texas PC § 22.01(b)(1).
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.
What usually happens to a ASSAULT PUBLIC SERVANT charge?
52% ended without a conviction, 13% in deferred adjudication and 30% in a conviction.
How 1,902 resolved ASSAULT PUBLIC SERVANT charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,035 | 62% | 9% | 19% | 280 |
| Montgomery | 197 | 52% | 15% | 33% | 177 |
| Collin | 153 | 26% | 28% | 47% | 209 |
| Galveston | 131 | 27% | 22% | 51% | 339 |
| Hays | 106 | 47% | 15% | 38% | 355 |
Outcome is the final disposition recorded on the charge. “Other” (114) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a ASSAULT PUBLIC SERVANT case take to resolve?
Typically about 9 months: half of resolved cases closed within 266 days of filing.
Across 1,901 resolved ASSAULT PUBLIC SERVANT charges filed 2019–2023, the median time from filing to disposition was 266 days. The middle half took between 131 and 463 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real ASSAULT PUBLIC SERVANT cases end?
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
What is the punishment for Assault Public Servant in Texas?
2 to 10 years in prison and a fine up to $10,000.
| 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.
How much is bail for ASSAULT PUBLIC SERVANT in Texas?
The median bail is $10,000, and 3% of defendants were released on a personal bond.
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.
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.