Defending Assault of a Police Officer Charges in Texas
Being charged with assault of a police officer in Houston is a serious and often complex felony offense that can result in years in prison, steep fines, and a permanent criminal record. While Texas law imposes harsh penalties, these cases are often highly defensible, as they frequently arise from misunderstandings, excessive police force, or exaggerated allegations. With the right legal strategy, these charges can often be reduced or dismissed.
At Ceja Law Firm, Board-Certified Criminal Attorney Jose Ceja has successfully defended numerous individuals accused of assaulting police officers in Houston. Whether the case involves self-defense, false allegations, or exaggerated claims by law enforcement, our firm is prepared to fight for your rights.
If you or a loved one has been charged with assault of a peace officer in Houston, contact us today for a free consultation.
What Is Assault of a Police Officer in Texas?
Under Texas Penal Code §22.01(b)(1), a person commits assault of a “peace officer” if they:
- Intentionally, knowingly, or recklessly cause bodily injury to a public servant, including a police officer, performing an official duty.
- Knew or should have known that the victim was a peace officer at the time.
Important Legal Points:
- Bodily injury includes any physical pain—even minor soreness or bruising is enough for charges.
- The officer does not have to be seriously injured or hospitalized.
- Reckless conduct—such as struggling during an arrest—can still lead to charges even if there was no intent to harm the officer.
- It is presumed a person was aware of the alleged victim’s status as a public servant if the alleged victim was wearing a distinctive uniform.
Who Is Considered a Peace Officer?
Under Texas law, police officers include:
- Houston Police Department officers
- Harris County Sheriff’s deputies
- Texas state troopers (DPS officers)
- Constables, jailers, and correctional officers
- Federal law enforcement agents
If a person assaults any of these officials while they are performing their duties, the charge is elevated to a felony.
Penalties for Assaulting a Police Officer in Texas
Assault of a police officer is a second-degree felony, punishable by:
- 2 to 20 years in prison
- Up to $10,000 in fines
If the alleged assault involved serious bodily injury or a deadly weapon, the charge may be upgraded to aggravated assault of a peace officer, a first-degree felony punishable by 5 to 99 years in prison.
Beyond legal penalties, a conviction for assaulting a police officer can have long-term consequences, including:
- Employment Barriers: Many employers hesitate to hire individuals with violent felony convictions.
- Professional Licensing Issues: Certain professions, such as healthcare, law enforcement, and education, may revoke or deny licenses.
- Firearm Rights: A felony conviction can permanently strip a person of the right to own or possess a firearm.
- Housing and Financial Impact: A felony record can limit access to housing and loans.
Immigration Consequences of Assaulting a Peace Officer
A conviction for assaulting a police officer can have severe immigration consequences for non-citizens, including potential deportation, inadmissibility, and denial of future immigration benefits. Because this offense is typically charged as a felony and may be considered a crime of violence or an aggravated felony under federal immigration law, it can lead to removal proceedings and make it difficult to obtain or maintain lawful status.
If you are not a U.S. citizen and are facing these charges, it is critical to consult with an experienced immigration attorney. While Ceja Law Firm focuses exclusively on criminal defense, we work with immigration counsel to help clients navigate both the criminal and immigration systems, ensuring the best possible outcome for your future.
Defenses to Assault of a Police Officer Charges in Houston
1. False Allegations by Police Officers
Many assault charges result from false or exaggerated claims by officers, including:
- Resisting arrest misunderstandings where an officer misinterprets movement as aggression.
- Minor physical contact that does not actually cause bodily injury.
- Police misconduct, such as officers escalating a situation unnecessarily.
In many cases, police reports exaggerate or distort events to justify an arrest. However, bodycam footage, surveillance video, and medical records can often tell a different story and contradict the officer’s claims. Our firm aggressively seeks out all available evidence to challenge the credibility of the accusations.
2. Self-Defense Against Excessive Force
Under Texas Penal Code §9.31, you cannot use force to resist an arrest, even if it is unlawful. However, you may use self-defense if:
- The officer uses excessive force beyond what is necessary.
- You reasonably believe force is necessary to prevent serious injury.
Successfully arguing self-defense in an assault of a police officer case requires strong legal advocacy and evidence.
3. Lack of Intent
If the assault was accidental or caused by involuntary movement, the charge may not hold up in court. Examples include:
- Unintentional contact during an arrest struggle.
- Actions misinterpreted as aggressive.
An experienced Houston assault defense lawyer can argue that the prosecution has not met its burden of proof.
Can You Be Charged for Assault on a Police Officer if the Officer Was Off-Duty?
For the charge to apply, the officer must be performing an official duty. If they were off-duty and acting as a private citizen, the charge may be reduced to a lesser offense.
Can You Expunge an Assault on a Police Officer Charge?
Expunction of an assault of a police officer charge is generally only possible if:
- The charges are dismissed.
- You are found not guilty at trial.
If you complete deferred adjudication, you may be eligible for a non-disclosure (record sealing) but not an expunction.
Why You Need a Houston Criminal Defense Attorney
A conviction for assaulting a police officer in Houston can have lifelong consequences, including:
- Prison time and a permanent felony record
- Loss of employment opportunities
- Restricted gun ownership and voting rights
At Ceja Law Firm, we fight to:
- Complete an independent investigation, including gathering evidence such as bodycam footage, surveillance video and eyewitness testimony.
- Challenge the officer’s claims and expose false allegations.
- Negotiate for case dismissal, charge reduction, or deferred adjudication.
Contact a Houston Assault of a Police Officer Lawyer Today
If you or a loved one has been charged with assaulting a police officer in Houston, you need an aggressive defense strategy. Ceja Law Firm has extensive experience handling Houston assault cases and is prepared to fight for your rights. Our lead attorney, Mr. Ceja, is Board Certified in Criminal Law. Every case is different, and early intervention can make a critical difference. If you or a loved one has been charged with assaulting a police officer, don’t wait—contact Ceja Law Firm today to discuss your defense options.
