Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1985, 69th Leg., ch. Recklessness is acting with a conscious disregard to the results of that action. 2, eff. 858 (H.B. 187 (S.B. Sec. 1576), Sec. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 900, Sec. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. September 1, 2017. Jail Time Will You Serve for an Assault Charge in Texas (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. 2.017, eff. 2, eff. (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. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2005. 3, eff. 22.05. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2589), Sec. Broken bones or permanent scarring would be considered a serious bodily injury. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Acts 2015, 84th Leg., R.S., Ch. 1028, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. 1164), Sec. Acts 2017, 85th Leg., R.S., Ch. 2, eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 18, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 902), Sec. 620 (S.B. Acts 1973, 63rd Leg., p. 883, ch. 2, eff. 16.003, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 643), Sec. 2, eff. (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) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. 7, eff. Sept. 1, 1985. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. 2, eff. Intoxication assault. 284 (S.B. 34, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 8.139, eff. September 1, 2017. In Texas, aggravated sexual assault is always a first-degree (g) 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 or both sections. Sec. 22.09. (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. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. 685 (H.B. Sept. 1, 1983. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Acts 2017, 85th Leg., R.S., Ch. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. Texas Assault Charge: Simple & Aggravated Assault September 1, 2013. Jan. 1, 1974. 14, Sec. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 2001. 4, eff. 11, eff. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 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. 22.06. Jul 14, 2020. 6), Sec. 436 (S.B. 900, Sec. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1989, 71st Leg., ch. In the following 440 (H.B. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 495), Sec. A conviction can also result in monetary penalties, such as payment of fines and restitution. While states define and penalize aggravated assault differently, most punish these crimes A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 955 (S.B. Barnes remained in jail as of Monday, according to court records. April 14, 1987; Acts 1987, 70th Leg., ch. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. Acts 2011, 82nd Leg., R.S., Ch. 62, Sec. 1, eff. (Tex. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3, eff. 1576), Sec. An offense under Subsection (b) is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. At The Hampton Law Firm, you will have a team of 5 Former Tarrant County Prosecutors working in your corner to provide you the best legal advice and fight to ensure you receive the best possible outcome on your aggravated assault charge. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. arts. 3, eff. What to Expect after Getting a Texas Assault Charge 3, eff. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 1, eff. 2023 12, eff. For example, if a driver tries to cut off another driver or maneuvers his vehicle to potentially run another vehicle off the roadespecially on a highway or road with a high speed limithe places the other driver in danger of serious bodily injury because his actions could cause a motor vehicle accident or collision. As an alternative to jail or prison, a judge may authorize community supervision (probation) for offenders who are sentenced for misdemeanors or felonies with less than 10 years of incarceration. 1.01, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. 6, eff. September 1, 2015. Penal Code Ann. September 1, 2019. 553, Sec. (8) a person the actor knows is pregnant at the time of the offense. A grand jury no bill is the equivalent of a dismissal. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. 900, Sec. 11, eff. Oct. 2, 1984. The penalty increases to a third-degree felony if it involves discharging a firearm. Sept. 1, 1983. 1, eff. (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. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. Although the driver had no intention of hurting anyone, their actions were in conscious disregard to the risk and results that someone could be seriously injured. For example, were they permanently crippled? For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 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. 1, eff. How much bond for aggravated assault with deadly weapon in What is a No Bill? The attorney listings on this site are paid attorney advertising. Sec. September 1, 2017. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 14, Sec. (2) "Elderly individual" means a person 65 years of age or older. 1029, Sec. 1, eff. 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. September 1, 2019. Sept. 1, 2003; Acts 2003, 78th Leg., ch. This Sept. 1, 2003; Acts 2003, 78th Leg., ch. 34 (S.B. 1, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. (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). 22.01 (Assault) and the person: (1) causes Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. 446, Sec. 1, eff. (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. 687, Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 361 (H.B. Contact our office today for a free initial consultation and learn what options are available to you. 22.011. 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. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 4.02, eff. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 273, Sec. 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. September 1, 2019. 1, 2, eff. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against 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) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 2552), Sec. 788 (S.B. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. Acts 2007, 80th Leg., R.S., Ch. 1158, Sec. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 1, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 1286, Sec. September 1, 2019. (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (Tex. 688), Sec. WebA bail hearing is every defendants right. Aggravated Assault Bonds Houston | Access Bonding Service Acts 1973, 63rd Leg., p. 883, ch. 688), Sec. 440 (H.B. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 5, eff. 142, eff. Repeat felony and misdemeanor offenders can face enhanced sentences, such as an increased felony level (third-degree moves up to second-degree) or mandatory minimums (a minimum of 90 days in jail or 15 years' prison time). 2, Sec. 4, eff. 1354), Sec. Aggravated Assault and Deadly Conduct in Texas According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. 900, Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., 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. 467 (H.B. Added by Acts 1983, 68th Leg., p. 5312, ch. Lets take a look the statutory definition of the offense. There are various factors that influence the decision of the judge when setting the total bail bond amount. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 1, eff. 318, Sec. 461 (H.B. 904, Sec. (1) "Child" means a person 14 years of age or younger. Acts 2021, 87th Leg., R.S., Ch. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In Texas, aggravated sexual assault is always a first-degree felony. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 728 (H.B. (936) 539-4444. 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.. August 1, 2005. 202, Sec. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. CLICK HERE FOR TITLE OR CONTRACT BONDS. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. 15.02(b), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. It includes Class C misdemeanors committed with deadly weapons. 900, Sec. 467 (H.B. The best criminal lawyers make it a practice to prepare a packet of evidence establishing the injury does not meet the requirements under Texas law. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. How Much is Bail for Assault in Texas? - Bail Agent Network The offense becomes a first-degree felony when any of the following (2) "Spouse" means a person who is legally married to another. September 1, 2005. 495), Sec. Possibility of community supervision. 1, 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. 21.002(14), eff. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 34 (S.B. (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. Acts 2019, 86th Leg., R.S., Ch. 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. Was this reckless behavior under Texas criminal law? Sept. 1, 1989; Acts 1991, 72nd Leg., ch. This month we feature Eric Benavides a criminal attorney in Houston, Texas. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. Acts 2019, 86th Leg., R.S., Ch. 719 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1102, Sec. Texas Sex Offenses 5, eff. 1286), Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 42A.051, 42A.102; Tex. September 1, 2017. 357, Sec. 24, eff. 1576), Sec. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 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. Here is where aggravated assault charges can get a little crazy. 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. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1.125(a), eff. September 1, 2017. 34 (S.B. Acts 2005, 79th Leg., Ch. Acts 2021, 87th Leg., R.S., Ch. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and Assault against someone who reported a crime, an informant, or a witness. September 1, 2005. (2) uses or exhibits a deadly weapon during the commission of the assault. (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). CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Texas 91), Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. Bail for third-degree felonies is usually around $1,500 to $5,000. 22.07. 399, Sec. 22.08. (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. ASSAULT. 900, Sec. 543 (H.B. September 1, 2019. 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. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. If youve been charged with a crime, call us today. Aggravated Assault Charges In Texas - Hampton Law Firm St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after 176), Sec. 623 (H.B. It can be charged as a first-degree felony, with imprisonment of 99 years to life, if the assault is committed against a member of your family or household, someone with whom you have