Can You Be Charged With Assaulting a Police Officer if You Didn’t Hurt Them?

 Posted on June 02, 2026 in Violent Crimes

You can be charged with assaulting a police officer in Texas even if the officer was not seriously hurt. However, the more serious felony charge of assault on a public servant usually requires the state to prove bodily injury, along with proof that the officer was lawfully performing official duties. Under Texas law, physical injury is not required for an assault charge to stick. Some assault charges can be based on intentional physical contact that is considered offensive or provocative, or even on a threat alone. The consequences of a conviction can be life-changing. If you are facing this kind of charge in 2026, the Houston criminal defense lawyers at Murphy & McKinney Law Firm, P.C. can help you understand exactly what the state has to prove and what options you have.

What Does Texas Law Say About Assaulting a Police Officer?

Texas Penal Code Section 22.01 defines assault in three ways: physically hurting someone on purpose or by being reckless, threatening someone with physical harm, or making physical contact with someone in a way that is offensive or provocative.

That third definition is the one that catches people off guard. You do not have to hurt anyone. You do not even have to threaten anyone. Simply making physical contact with an officer in a way they consider offensive can be enough to support a charge.

When the alleged victim is a peace officer and the allegation involves bodily injury, the charge can be elevated to assault on a public servant under Texas Penal Code Section 22.01(b)(1), which makes it a third-degree felony rather than a misdemeanor. That is a significant jump in severity.

What Makes Someone a "Public Servant" Under Texas Law?

Texas law defines a public servant broadly. Under Texas Penal Code Section 1.07(a)(41), a public servant includes police officers, firefighters, correctional officers, judges, and other government employees performing official duties. For the elevated charge to apply, the officer generally has to have been lawfully discharging their duties at the time of the alleged contact.

This detail matters for your defense. If the officer was acting outside the scope of their legal authority at the time of the incident, that can affect whether the elevated charge holds up. It is a fact-specific question that requires careful review of what actually happened.

What Are the Penalties for Assault on a Public Servant in Texas?

The penalties depend on what type of assault is alleged:

• A Class C misdemeanor covers offensive contact with no injury and carries a fine of up to $500 with no jail time.

• A Class A misdemeanor applies when there is contact causing bodily injury to a non-public servant and carries up to one year in jail and a fine of up to $4,000.

• A third-degree felony applies when the alleged victim is a public servant lawfully doing their job and the assault causes bodily injury. This charge carries two to 10 years in prison and a fine of up to $10,000.

• In some cases, if the officer suffers serious bodily injury, the charge may be elevated to a second-degree felony aggravated assault.

Even the lower-level charge can have severe consequences. A conviction means a criminal record that can affect your job, housing, and future opportunities. The felony-level charges carry consequences that can reshape the rest of your life.

What Are the Most Common Defenses to a Charge of Assaulting a Police Officer?

The state has to prove every element of the offense beyond a reasonable doubt, and there are real defenses that may apply depending on what happened.

Common defenses in these cases include:

• Lack of intent, meaning the contact was accidental and not deliberate

• Mistaken identity, if you were not actually the person involved in the incident

• The officer was not lawfully discharging their duties at the time

• The contact was not offensive or provocative in any reasonable interpretation

Texas Penal Code Section 9.31 recognizes the right to use force in self-defense. While Texas law generally prohibits resisting an arrest or search by a peace officer, a person may be justified in using force when an officer uses or attempts to use greater force than reasonably necessary and the person reasonably believes force is immediately necessary to protect themselves.

When Excessive Force by an Officer Becomes Relevant

If an officer used force against you that was not justified, that context can be central to your defense. Documenting any injuries you sustained, identifying witnesses, and securing any available video footage as early as possible are all steps that can support this argument. An attorney needs to know about this right away, so nothing important is lost.

How Video Evidence Can Help Your Case

In Houston, police encounters are often captured on body cameras, dashcams, or nearby security cameras. Video evidence can tell a very different story from an officer's written report. Getting access to that footage before it is overwritten or lost is one of the most time-sensitive steps in building your defense.

Contact Our Houston Assault on a Police Officer Defense Lawyers Today

Before you do anything else, talk to an experienced lawyer today. Attorney Doug Murphy serves as President of the Harris County Criminal Lawyers Association, a role that reflects both his standing in the legal community and his deep commitment to defending the rights of people facing criminal charges in Houston. If you are ready to talk about what happened and what your options are, contact the Houston criminal defense attorneys at Murphy & McKinney Law Firm, P.C. by calling 713-229-8333.