Interference with Public Duties is a charge that often arises when emotions run high at the scene of an arrest, a traffic stop, or a family disturbance. It can be filed against bystanders, family members, and even people simply asking questions. Board Certified criminal defense attorney and former Felony Chief Prosecutor Brian Foley defends these cases throughout Montgomery, Harris, Brazos, and Walker County, Texas.
What Is Interference with Public Duties?
Under Texas Penal Code §38.15, a person commits an offense if, with criminal negligence, he interrupts, disrupts, impedes, or otherwise interferes with a peace officer performing a duty or exercising authority, a person who is lawfully exercising official authority, or certain other public servants. The conduct has to actually interfere — annoyance alone is not enough.
The statute also provides a crucial defense: that the interference consisted of speech only. Questioning officers, recording them, or even voicing disagreement is protected as long as you are not physically impeding their work.
Punishment Range for Interference with Public Duties
| Charge | Offense Level | Punishment Range |
|---|---|---|
| Interference with Public Duties | Class B Misdemeanor | Up to 180 days jail; up to $2,000 |
How These Cases Are Defended
The two best defenses are usually "speech only" and lack of actual interference. If your words — not your hands — are what the officer objected to, the statute provides a defense. If you stepped back when asked or never actually impeded the officer's duty, the State cannot prove its case. Brian reviews body-camera footage closely, because these charges frequently look very different on video than in the report. Interference is often filed with resisting arrest, evading arrest, or failure to identify, and release terms are set through bond conditions.