If you have been charged with Assault on a Peace Officer in Montgomery County or the greater Houston area, you are facing a felony — not a misdemeanor. A charge like this is treated seriously by prosecutors, and the consequences can follow you for the rest of your life. As a Board Certified criminal defense attorney and former Chief Prosecutor, Brian Foley understands exactly how the State builds these cases — and how to take them apart.
What Is Assault on a Peace Officer?
A standard assault under Texas Penal Code § 22.01 means intentionally, knowingly, or recklessly causing bodily injury to another person. When the person injured is a peace officer or other public servant who is lawfully discharging an official duty — and you knew or should have known their status — the offense is elevated from a Class A misdemeanor to a third-degree felony.
"Bodily injury" is defined broadly in Texas. It means physical pain, illness, or any impairment of physical condition. It does not require a serious or lasting injury, which is one reason these cases are charged more often than people expect.
Punishment Range
A third-degree felony in Texas carries:
- 2 to 10 years in prison, and
- a fine of up to $10,000.
A felony conviction also brings collateral consequences — loss of firearm rights, immigration consequences for non-citizens, and barriers to employment, housing, and professional licensing. For more on how punishment levels work, see our Texas punishment ranges.
How These Cases Are Defended
These charges frequently arise from chaotic, fast-moving encounters, and the video and witness accounts do not always match the allegation. Common defense issues include:
- Lawful discharge of duty — the statute requires the officer to be acting lawfully. An unlawful stop, detention, or arrest can undermine the charge.
- Self-defense — a person may have the right to protect themselves against excessive or unlawful force.
- Intent — whether any contact was intentional, reckless, or simply accidental during a struggle.
- The injury itself — whether the State can actually prove bodily injury occurred.
- Body-cam and dash-cam video — this evidence often tells a different story than the report, and it must be preserved quickly.
Speak With Brian Foley Today
A felony assault allegation involving an officer is not something to face alone or to "explain away" without counsel. If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation.