PULSE Magazine | June/July 2019 Issue

LEGAL RAMIFACATIONS OF ASSAULT ON A PUBLIC SERVANT

There is a special section in the Texas Penal Code for assault on a public servant. A public servant is someone who works for the government at the state or local level. The concept of a public servant is broad includes many different types of professions. If these tempers rise and frustrations reach a level where a person reacts physically, they can find themselves facing serious criminal charges. There can be heavy penalties if you are facing this accusation. Assault public servant is significantly more serious than a normal assault. Assault on a Public Servant is a Third Degree Felony The Texas Legislature who drafted the law wanted to make assaulting a public servant harsher than a regular assault. Assault is already a serious crime that can have consequences for your future. How- ever, assault bodily injury is a class A misdemean- or. Assault public servant is a third degree felony in Texas. This means that it carries a range of punishment of between two and ten years in Texas prison and up to a $10,000 fine. When you are dealing with a charge that carries the possibility of prison time, this is not to be taken lightly. Defend- ing a felony means the stakes are higher. If you are facing a felony, your case will be in District Court, instead of County Court. Your case will be indicted. To be indicted, the case goes through the grand jury process. Assault of a public servant is exactly the same crime as assault bodily injury, but with two added elements: the alleged victim must be a public servant, and the person being charged knows the victim is a public servant. Section 22.01. Assault Assault means to inflict physical injury on another person. This kind of assault is often referred to as ABI or assault - bodily injury. The injury must be done either intentionally, or by reckless accident. Paramedics face violence on a daily basis so a new law which will bring in tougher sentences for those who attack emergency workers when they are on duty is needed. It is hoped it will act as a deterrent because offenders currently escape what many would see as meaningful justice (attackers are charged with common assault resulting in a maxi- mum sentence of six months). The new law will double this with an option for a longer sentence, dependent on the seriousness of the case. The damage to those affected by this violence can be long lasting and have widespread implications for their physical and mental health. Violence

against emergency workers should not be seen as an “occupational hazard”. More needs to be done to highlight this increasing and dangerous issue affecting today’s paramedic workforce. A paramedic’s main focus is to care for the patients they are sent to. They are there to help. But it is all too easy for families, friends, bystanders and even the patients to feel they need to vent frustra- tions against the medical crew. The effects of an assault can be devastating and ever lasting. Post Traumatic Stress Disorder, mental health issues, lack of confidence to go back to work and fear of it happening again are too all common. Raising Awareness First responders – police, fire and EMS– are profes- sionals trying to save the community from danger by putting themselves in harm’s way. Yet the incidence of assaults against them has grown to shocking levels around the world. While assaults against first responders are not new in the public safety profession, they are seemingly becoming more serious with each passing year  The rate of nonfatal injuries among US paramedics was 34.6 per 100 full-time workers per year, a rate more than 5x higher than the national average for all workers. In regard to fatal injuries, a retrospective cohort study of nationally registered emergency medical technicians (EMTs) in the U.S. found that 8% of fatalities were due to assaults. These are just the assaults that were reported many go unreported. Not every emergency situation is life-threatening and, equally so, by the pure nature of being a first responder, the very crux of the job demands an insertion of personnel into an unstable circum- stance. Admittedly, some perils cannot be avoided. However, learning to avoid predictable situational awareness red flags to potential violence and developing specific skill sets to address it after it begins are fundamental, consequential tactics needed in every responder’s performance toolbox. In the mean time it is important for all public serv- ant, Police, Fire and Emergency Medical Techni- cians need to remain vigilant at all time and to understand how to react to and prevent violence before it starts if at possible by recognizing and employing de-escalating techniques. Below are a few statics of this growing problem.

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