An Aggravated Assault on a Peace Officer charge is one of the most serious assault allegations in Texas law — a first-degree felony that carries the possibility of a life sentence. If you or a loved one is facing this charge in Montgomery County or the Houston area, you need a defense lawyer who knows how the State proves these cases and where they fall apart. Brian Foley is a Board Certified criminal defense attorney and former Chief Prosecutor who has handled the most serious felony cases on both sides of the courtroom.
What Is Aggravated Assault on a Peace Officer?
Under Texas Penal Code § 22.02, an assault becomes aggravated when a person causes serious bodily injury to another, or uses or exhibits a deadly weapon during the commission of the assault.
Aggravated assault is ordinarily a second-degree felony. But when it is committed against a peace officer or public servant the officer is lawfully discharging an official duty — or against a person in retaliation for their service as a public servant — the offense is elevated to a first-degree felony.
Punishment Range
A first-degree felony in Texas is punishable by:
- 5 to 99 years, or life in prison, and
- a fine of up to $10,000.
These are among the highest punishment ranges in Texas law. A conviction is permanent and carries lifelong consequences. See our overview of Texas punishment ranges for how the felony levels compare.
How These Cases Are Defended
A first-degree felony allegation demands a thorough, aggressive defense. Key issues often include:
- Deadly weapon — whether a deadly weapon was actually used or exhibited, and whether the object qualifies under the law.
- Serious bodily injury — whether the injury meets the demanding legal definition, supported by medical evidence.
- Lawful discharge of duty — whether the officer was acting lawfully at the time.
- Self-defense — whether you were protecting yourself from unlawful or excessive force.
- Identity and intent — whether the State can prove what actually happened in a fast-moving encounter.
Speak With Brian Foley Today
When the charge is a first-degree felony, the stakes could not be higher. If you have been charged with aggravated assault on a peace officer in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC right away for a free, confidential consultation.