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. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 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. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. He is the founder of The Benavides Law Group. 91), Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 284(23) to (26), eff. 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. 202, Sec. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Aggravated Aggravated Assault Bonds Jan. 1, 1974. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 22.07. September 1, 2005. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). (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. 22.011. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 549), Sec. Sec. 2.017, eff. (2021). 16, Sec. (3) "Disabled individual" means a person older than 13 years of age who 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. 2, eff. 875 (H.B. (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. 5, eff. 446, Sec. Broken bones or permanent scarring would be considered a serious bodily injury. Updated: September 28, 2021; Original post: June 7, 2018. 24, eff. (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. 16.002, eff. 1415, Sec. It includes Class C misdemeanors committed with deadly weapons. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 2 min read. 335, Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1983. Bail jumping of a felony arrest. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). Acts 2017, 85th Leg., R.S., Ch. 19, eff. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. Can You Get a Bail Bond for a Felony Charge in Texas? 1, eff. 3, eff. 1808), Sec. He was originally indicted on five felony (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. Punishment for Assault. 3, eff. 977, Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1, eff. 1.01, eff. 11, eff. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 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. 1286, Sec. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. Acts 2019, 86th Leg., R.S., Ch. 12, 13, eff. Texas Sexting Laws 10, eff. (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. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. 165, Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. (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. 361 (H.B. Sept. 1, 1994. 24, Sec. September 1, 2009. September 1, 2005. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 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). 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. 273, Sec. Texas 1038 (H.B. 22.01. (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. 1, 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. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 2589), Sec. To be charged with Aggravated Assault, there must have been an actual physical injury. arts. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 22.09. Acts 2021, 87th Leg., R.S., Ch. 1019, Sec. September 1, 2007. CLICK HERE FOR TITLE OR CONTRACT BONDS. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Sept. 1, 1997; Acts 1999, 76th Leg., ch. That includes charges of physically touching the victim or issuing a threat. 667), Sec. 33, eff. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 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 The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. Aggravated Assault is a serious crime under Texas law. The estimated bail amount in such cases can be more than $500,000. How Much is Bail for Assault in Texas? - Bail Agent Network Sec. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Contact us at this DUI Lawyer Cost & Fees Website. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. According to Tex. 440 (H.B. 7, eff. 751 (H.B. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 1095), Sec. A No Bill is the equivalent of a dismissal of your aggravated assault charges. 29), Sec. Aggravated assaultis normally a second-degree felony. September 1, 2007. 284(32), eff. Was this reckless behavior under Texas criminal law? This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 896, Sec. 543 (H.B. Texas Penal Code Section 22.02 - Aggravated Assault 16.003, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. LEAVING A CHILD IN A VEHICLE. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. (Tex. (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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 2, eff. September 1, 2005. September 1, 2021. 788 (S.B. 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. 1052, Sec. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person 461 (H.B. Acts 2007, 80th Leg., R.S., Ch. A conviction can also result in monetary penalties, such as payment of fines and restitution. 2, eff. 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. 3, eff. 3, eff. 1, eff. 977, Sec. 27.01, eff. 1, eff. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 528, Sec. 1576), Sec. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 2018), Sec. 1 to 3, eff. 1576), Sec. A capital felony includes espionage, treason, or premeditated murder. Jail Time Will You Serve for an Assault Charge in Texas Acts 2009, 81st Leg., R.S., Ch. Examples include a firearm, hunting knife, rope, or even a baseball bat. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. 1, eff. The penalty increases to a third-degree felony if it involves discharging a firearm. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 1306), Sec. Texas Aggravated Sept. 1, 1999; Acts 2001, 77th Leg., ch. 21.002(14), eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 2, eff. 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. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Sec. 688), Sec. 7, eff. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. 8.139, eff. 5, eff. ABANDONING OR ENDANGERING CHILD. 4, eff. 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. 42A.051, 42A.102; Tex. 334, Sec. Assault on a Family Member In Texas Bail percentages can vary by state & be as low as 5% or even as high as 20%. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. Let us start building your defense. September 1, 2005. (1) "Child" means a person 14 years of age or younger. 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; When the conduct is engaged in recklessly, the offense is a felony of the second degree. 620 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Causes impaired function or functional loss of a bodily organ or member. Woods Cross police officer charged with aggravated assault in 659, Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1, eff. Penal Code 12.33, 12.32, 22.02 (2022).). A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (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. 840 (H.B. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. The attorney listings on this site are paid attorney advertising. 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. What if the criminal mental state can be proven by the prosecutor? Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 399, Sec. 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. His bail has been set at $100,000. 15.02(a), eff. September 1, 2017. 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. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Crimes & Punishment in Texas State Court Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 22.10. Sept. 1, 1999. 62, Sec. How Much Is Bail for a Felony in Philadelphia? Acts 2011, 82nd Leg., R.S., Ch. 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. Acts 2021, 87th Leg., R.S., Ch. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. a fine of up to $10,000. 1, eff. 1.01, eff. 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. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. For example, were they permanently crippled? Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 1, eff. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. 788 (S.B. 557, Sec. Penal Code 12.42, 12.43 (2022).). 791, Sec. 2, eff. (C) in discharging the firearm, causes serious bodily injury to any person. Sometimes a person can be released on their own recognizance without posting bail. 2908), Sec. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. Acts 2007, 80th Leg., R.S., Ch. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. Aggravated assault is a crime of violence. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Nothing on this website should be considered valid legal advice, nor is it intended to be. September 1, 2005. 623 (H.B. 24), Sec. (8) a person the actor knows is pregnant at the time of the offense. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. 1.01, eff. 1, eff. 4, eff. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. 623 (H.B. 946), Sec. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 6), Sec. August 1, 2005. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. September 1, 2015. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 1.125(a), eff. 1.01, eff. 22.04. 1, eff. 1549), Sec. Texas Assault Charge: Simple & Aggravated Assault 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. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and Sec. 461 (H.B. September 1, 2007. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally, knowingly or recklessly causing serious bodily injury to another person, or, using or exhibiting a deadly weapon in the course of committing, the offender uses a deadly weapon in committing, the aggravated assault is committed by or against a public servant, such as a state worker or city counselor acting in their official capacity, the offender commits aggravated assault in retaliation against a witness, informant, or a person who reported a crime, or.
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