1, 2, eff. 357, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. How much bond for aggravated assault with deadly weapon in Amended by Acts 2003, 78th Leg., ch. 719 (H.B. 273 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. Sept. 1, 1999. (a) A person commits an offense if the person commits assault as defined in Sec. 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. Aggravated assault is normally a second-degree felony. 900, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 685 (H.B. 2, eff. (1) "Child" means a person 14 years of age or younger. (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. 1354), Sec. September 1, 2015. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 21.002(14), eff. 22.08. 705), Sec. September 1, 2005. Aggravated Assault Texas Jail Time, Punishment, Fines 14, Sec. 768), Sec. 1.01, eff. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. (1) "Child" means a person younger than 17 years of age. 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). September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. The Texas Republican Party will decide Saturday whether to censure U.S. Rep. Tony Gonzales of San Antonio over his votes to uphold same-sex Scott Saunders Jr., the former mayor of Smithville, Texas, was arrested twice in 2021 on a total of five charges, including sexual assault of a LUBBOCK, Texas Jeffrey Hatton, 26, pleaded guilty Friday to aggravated sexual assault of a child. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2015. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person 19, eff. 2018), Sec. 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. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. Added by Acts 1999, 76th Leg., ch. 366, Sec. Acts 1973, 63rd Leg., p. 883, ch. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 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. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 7, eff. Lets break down the parts of that definition. 202, Sec. 2, eff. (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. 878, Sec. September 1, 2005. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1808), Sec. (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. Added by Acts 1983, 68th Leg., p. 5312, ch. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 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. 1, eff. Harris County Bail Bonds - Houston Bail Bonds Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 949 (H.B. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. (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. 459, Sec. (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. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 1, eff. The attorney listings on this site are paid attorney advertising. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. September 1, 2005. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. Bail for third-degree felonies is usually around $1,500 to $5,000. Second-degree felony charge result in a maximum of 20 years in prison. 22.01. 915 (H.B. 34, eff. 1, eff. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. (936) 539-4444. (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. 495), Sec. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. 6), Sec. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 2908), Sec. 528, Sec. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 4, eff. September 1, 2005. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 1, 2, eff. 6.05, eff. 2, Sec. 1019, Sec. 791, Sec. Bail percentages may be negotiable, so you should ask your bondsman. (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. (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. (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. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Contact us at this DUI Lawyer Cost & Fees Website. Aggravated Assault Laws and Penalties September 1, 2019. September 1, 2007. If you have been arrested Schedule Your Sept. 1, 1995; Acts 1997, 75th Leg., ch. Indecent exposure to a child. Added by Acts 1983, 68th Leg., p. 2812, ch. Let us start building your defense. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (Tex. 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. As a practical matter, the grand jury reviews cases and, if they have the opportunity to hear both sides of what took place, they may come to a different conclusion than the police and the alleged victim. To be charged with Aggravated Assault, there must have been an actual physical injury. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. A conviction can also result in monetary penalties, such as payment of fines and restitution. Acts 2017, 85th Leg., R.S., Ch. The penalty increases to a third-degree felony if it involves discharging a firearm. Acts 2021, 87th Leg., R.S., Ch. (2) "Spouse" means a person who is legally married to another. 2908), Sec. 1420, Sec. 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 1, eff. 22.11. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Lets take a look the statutory definition of the offense. 2, eff. 2, eff. Lets give you an example of a bail bond amount. 1, eff. 22.01 (Assault) and the person: (1) causes (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. (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. causes impairment of the function of a body part or organ. 1.01, eff. For instance, they might promise to appear when summoned for trial. 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. A Class A misdemeanor is the least serious of these charges. SEXUAL ASSAULT. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, Texas (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. Acts 2005, 79th Leg., Ch. 1, eff. 1038 (H.B. Texas Aggravated Sept. 1, 1999. If youve been charged with a crime, call us today. 5, eff. Do not delay. 3, eff. September 1, 2017. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. September 1, 2005. September 1, 2019. Assault Family Violence Texas Punishment | Law Office of J. Barrett Acts 2005, 79th Leg., Ch. 977, Sec. 399, Sec. AGGRAVATED ASSAULT. 1019, Sec. 176), Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1306), Sec. 91), Sec. (2021). Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. LEAVING A CHILD IN A VEHICLE. 819, Sec. 1, eff. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Web(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 Texas Criminal Attorneys Taking Care of Texas Blawg. September 1, 2017. Under Texas law, you can be charged with Aggravated Assault if you exhibited a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. 1, eff. Added by Acts 1985, 69th Leg., ch. 399, Sec. Penal Code 12.42, 12.43 (2022).). Sept. 1, 1994; Acts 2003, 78th Leg., ch. Jail Time Will You Serve for an Assault Charge in Texas 335, Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. Sec. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 164, Sec. 223, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 2, eff. (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. Acts 2019, 86th Leg., R.S., Ch. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. (f) An offense under Subsection (c) is a state jail felony. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. 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. 902), Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 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; Feb. 1, 2004. C.C.P. (2) uses or exhibits a deadly weapon during the commission of the assault. 1 to 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel 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 or emergency services personnel. (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. Sept. 1, 2003. 24, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. He was originally indicted on five felony 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. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. 436 (S.B. 4.02, eff. Amended by Acts 1989, 71st Leg., ch. 417, Sec. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. Acts 2005, 79th Leg., Ch. 282 (H.B. 977, Sec. September 1, 2017. Updated: September 28, 2021; Original post: June 7, 2018. 604, Sec. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Acts 2011, 82nd Leg., R.S., Ch. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. In the following 4170), Sec. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or.