840 (H.B. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or. 620 (S.B. (2021). 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. ABANDONING OR ENDANGERING CHILD. 294, Sec. September 1, 2011. Yes! (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. APPLICABILITY TO CERTAIN CONDUCT. 939, Sec. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Sec. Acts 2021, 87th Leg., R.S., Ch. Jan. 1, 1974. Acts 2017, 85th Leg., R.S., Ch. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. A Class A misdemeanor is the least serious of these charges. 1306), Sec. September 1, 2017. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. If the total bail amount is $30,000, the bail bond agent will require you to pay them $3,000 to post bond on your behalf. Sept. 1, 2001. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. 1576), Sec. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1.01, eff. His bail has been set at $100,000. Acts 2007, 80th Leg., R.S., Ch. 751 (H.B. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. (2) is committed against a public servant. Sec. 467 (H.B. 1, eff. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 6.05, eff. arts. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 1, eff. 1, eff. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. causes impairment of the function of a body part or organ. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 977, Sec. 900, Sec. September 1, 2005. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 440 (H.B. 553, Sec. 1, eff. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 1576), Sec. Barnes remained in jail as of Monday, according to court records. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). 436 (S.B. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. Acts 2015, 84th Leg., R.S., Ch. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. September 1, 2007. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Aggravated assault is a crime of violence. 2, eff. Acts 2005, 79th Leg., Ch. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. 788 (S.B. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. 1, eff. 10, eff. What are the punishments for Aggravated Assault in Texas? Examples: Aggravated perjury. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 The penalty increases to a third-degree felony if it involves discharging a firearm. 260 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 135, Sec. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. Acts 2021, 87th Leg., R.S., Ch. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 2, eff. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. To be charged with Aggravated Assault, there must have been an actual physical injury. 1576), Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. (d) The defense provided by Section 22.011(d) applies to this section. Webyou committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didnt specifically intend to kill anyone) A minimum of 2 and a maximum of 20 years in state prison; and/or. 2, eff. 1, eff. 900, Sec. 6, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 3, eff. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 6), Sec. 1, 2, eff. 1, eff. 284(32), eff. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. WebThe current Texas law defines the offense of Aggravated Sexual Assault in Penal Code Section 22.021 as follows: [1] (a) A person commits an offense: (1) if the person: (A) intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of another person by any means, without that persons consent; 900, Sec. Sec. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 878, Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). September 1, 2019. 1, eff. (2) "Elderly individual" means a person 65 years of age or older. (b) An offense under this section is a Class A misdemeanor. 604, Sec. 734 (H.B. Sec. Recklessness is acting with a conscious disregard to the results of that action. 593 (H.B. (2) not attended by an individual in the vehicle who is 14 years of age or older. In some states, the information on this website may be considered a lawyer referral service. (936) 539-4444. Sept. 1, 1985; Acts 1987, 70th Leg., ch. If the assault is classified as a Class B misdemeanor, the penalty is a maximum fine of up to $2,000 and/or up to 6 months in jail. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 1, eff. He was originally indicted on five felony (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. That includes charges of physically touching the victim or issuing a threat. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). September 1, 2019. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Misdemeanor assault charge penalties in Texas. Sept. 1, 1999. 165, Sec. Contact us at this DUI Lawyer Cost & Fees Website. 446, Sec. (f) An offense under Subsection (c) is a state jail felony. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). 1 (S.B. 3, eff. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. 22.05. 22.012. 900, Sec. Acts 2005, 79th Leg., Ch. 440 (H.B. If you have been arrested Schedule Your Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. An offense under Subsection (c) is a felony of the third degree. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 1, eff. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. September 1, 2015. In this case, they can still be released from jail. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 3019), Sec. 659, Sec. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 4170), Sec. 1.01, eff. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. 1, eff. 2.04, eff. Lets break down the parts of that definition. Search Texas Statutes. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 14, Sec. WebA bail hearing is every defendants right. Lets take a look the statutory definition of the offense. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sec. 495), Sec. AIDING SUICIDE. It includes Class C misdemeanors committed with deadly weapons. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Intoxication assault. Amended by Acts 1989, 71st Leg., ch. Your permanent record will be negatively affected. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 22.021. 461 (H.B. 584 (S.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. Sec. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. 977, Sec. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 557, Sec. 1.01, eff. 784 (H.B. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. 1, eff. Escape from felony custody. 1808), Sec. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. September 1, 2021. 1087, Sec. 530, Sec. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. This field is for validation purposes and should be left unchanged. September 1, 2021. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Aggravated assault is normally a second-degree felony. 2, eff. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. a fine of up to $10,000. 728 (H.B. 902), Sec. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorneys Office experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. There are various factors that influence the decision of the judge when setting the total bail bond amount. Anywhere between $5,000 and $50,000 is a reasonable range. 357, Sec. Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. 467 (H.B. June 11, 2009. 688), Sec. 28, eff. 334, Sec. 900, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1994. September 1, 2013. Acts 2005, 79th Leg., Ch. The penalties for assault on a family member can vary depending on what level of charge was brought against you. 643), Sec. 1095), Sec. Acts 2005, 79th Leg., Ch. 623 (H.B. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. September 1, 2011. 1, eff. In Texas, aggravated sexual assault is always a first-degree 896, Sec. 809, Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. September 1, 2017. 16.002, eff. So, how much is bail for assault in Texas? 788 (S.B. Acts 2017, 85th Leg., R.S., Ch. 318, Sec. Acts 2007, 80th Leg., R.S., Ch. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Sept. 1, 2003. 399, Sec. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 915 (H.B. 14.829, eff. 655, Sec. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. In the following (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. 1259), Sec. September 1, 2017. 223, Sec. 1, eff. 1019, Sec. 164), Sec. Serious bodily injury means injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 1808), Sec. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. LEAVING A CHILD IN A VEHICLE. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. 7, eff. 2, eff. 1.01, eff. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. 42A.051, 42A.102; Tex. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. An offense under Subsection (b) is a felony of the third degree. Acts 2011, 82nd Leg., R.S., Ch. 388, Sec. September 1, 2019. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 164, Sec. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. In Texas, aggravated sexual assault is always a first-degree felony. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. (B) the victim was a nondisabled or disabled child at the time of the offense. 18, Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 528, Sec. Nothing on this website should be considered valid legal advice, nor is it intended to be. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person 334, Sec. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 11, eff. Acts 2005, 79th Leg., Ch. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. 3019), Sec. September 1, 2017. (1) "Child" means a person 14 years of age or younger. For example, were they permanently crippled? 1, eff. 1575), Sec. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 27, eff. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. 2, eff. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 19, eff. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department.