Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, 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. (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. Sec. 16.002, eff. 977, Sec. (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. Acts 2017, 85th Leg., R.S., Ch. 22.041. 282 (H.B. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. 1, eff. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. (1) "Child" has the meaning assigned by Section 22.011(c). 38, eff. September 1, 2007. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 791, Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 659, Sec. September 1, 2007. If youve been charged with a crime, call us today. 76, Sec. As you can see from the examples above, there can be times when there is very little evidence to establish an arrest for aggravated assault deadly weapon. How Much Is Bail for a Felony in Philadelphia?: Long Law Firm Aggravated Assault Bonds 2908), Sec. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 467 (H.B. 734 (H.B. 91), Sec. September 1, 2021. Acts 2005, 79th Leg., Ch. Feb. 1, 2004. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 688), Sec. 4, eff. 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. Texas Criminal Attorneys Taking Care of Texas Blawg. Sec. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 1.125(a), eff. 788 (S.B. 1, eff. 3607), Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 705), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Jul 14, 2020. 6), Sec. September 1, 2017. 2.04, eff. (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. 2, eff. Penal Code 12.42, 12.43 (2022).). Acts 2015, 84th Leg., R.S., Ch. 1575), Sec. 1, eff. (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. Sept. 1, 1983. 1 to 3, eff. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Acts 2009, 81st Leg., R.S., Ch. 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. 2, eff. September 1, 2005. 284(32), eff. Barnes remained in jail as of Monday, according to court records. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. 6, eff. (Tex. Amended by Acts 1979, 66th Leg., p. 1114, ch. Aggravated Assault with a Deadly Weapon: Texas Laws and 27.01, eff. Was this reckless behavior under Texas criminal law? Added by Acts 2003, 78th Leg., ch. 24, eff. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 399, Sec. 6, eff. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. TAMPERING WITH CONSUMER PRODUCT. 1, eff. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person Acts 2007, 80th Leg., R.S., Ch. 623 (H.B. 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. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 29), Sec. Acts 1973, 63rd Leg., p. 883, ch. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 268 (S.B. 22.05. 662, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Anywhere between $5,000 and $50,000 is a reasonable range. WebTwo to ten years in prison and possible fine not to exceed $10,000. Acts 2017, 85th Leg., R.S., Ch. 459, Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. 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. Acts 2005, 79th Leg., Ch. The estimated bail amount in such cases can be more than $500,000. Sec. Simple Assault vs. Aggravated Assault in Texas An offense under Subsection (c) is a felony of the third degree. (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. He was originally indicted on five felony (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. 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; 7, eff. 417, Sec. 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. 1019, Sec. 399, Sec. (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. Examples: Aggravated perjury. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. 2.017, eff. AIDING SUICIDE. Acts 2021, 87th Leg., R.S., Ch. 28, eff. To be charged with Aggravated Assault, there must have been an actual physical injury. 24), Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Added by Acts 1983, 68th Leg., p. 5312, ch. Your attorney will advise you on the best options available to fight back against your charges. When the conduct is engaged in recklessly, the offense is a state jail felony. Acts 2019, 86th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2019. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Recklessness is acting with a conscious disregard to the results of that action. 2908), Sec. 21.001(39), eff. For instance, they might promise to appear when summoned for trial. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1028, Sec. Assault Family Violence Texas Punishment | Law Office of J. Barrett 1164), Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 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. 4170), Sec. 135, Sec. September 1, 2015. Acts 2009, 81st Leg., R.S., Ch. 1.01, eff. (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. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Sometimes a person can be released on their own recognizance without posting bail. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 1, eff. 873 (S.B. DEADLY CONDUCT. 1286), Sec. 1286), Sec. (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. arts. Sec. Oct. 2, 1984. 22.02. Acts 2021, 87th Leg., R.S., Ch. Assault on a Family Member In Texas (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. September 1, 2021. Sec. Amended by Acts 1989, 71st Leg., ch. September 1, 2017. 1008, Sec. (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. 15.02(a), eff. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. 620, Sec. 1549), 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. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 900, Sec. September 1, 2017. 22.10. (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. 1038 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1, 2, eff. (Tex. Aggravated assault is normally a second-degree felony. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. Misdemeanor assault charge penalties in Texas. Texas Assault Charge: Simple & Aggravated Assault (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 388, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Aggravated assault is defined byTexas Statutes 22.01 and 22.02as such: intentionally, knowingly or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon in the course of committing anyassault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.. A capital felony includes espionage, treason, or premeditated murder. 977, Sec. Acts 2017, 85th 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. (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. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. September 1, 2007. 16.003, eff. 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. 1, eff. 29), Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Amended by Acts 1993, 73rd Leg., ch. 7, eff. 900, Sec. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 440 (H.B. September 1, 2017. 728 (H.B. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Amended by Acts 1987, 70th Leg., ch. Sec. 2, eff. (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. Penal Code 12.33, 12.32, 22.02 (2022).). September 1, 2017. (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. Are the permanently disfigured? WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. September 1, 2021. September 1, 2021. In Texas, aggravated sexual assault is always a first-degree felony. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Texas Sex Offenses If you have been arrested Schedule Your (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. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 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. Can You Get a Bail Bond for a Felony Charge in Texas? Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. It is a finding that establishes you have been exonerated of the charges and provides the opportunity to have your criminal case file and arrest expunged from your criminal record. Broken bones or permanent scarring would be considered a serious bodily injury. Updated: September 28, 2021; Original post: June 7, 2018. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 2589), Sec. Examples include a firearm, hunting knife, rope, or even a baseball bat. 1, eff. Crimes & Punishment in Texas State Court 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. So, how much is bail for assault in Texas? 427 (H.B. 399, Sec. 739, Sec. (b) An offense under this section is a Class A misdemeanor. 3, eff. 2, eff. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. (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. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 946), Sec. Acts 2019, 86th Leg., R.S., Ch. 505 N Frazier St. Conroe , TX. 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. 1, eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. It includes Class C misdemeanors committed with deadly weapons. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Never believe anything you read on the internet, even if it is found on a law related blog. 284(23) to (26), eff. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 687, Sec. 819, Sec. APPLICABILITY TO CERTAIN CONDUCT. (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. Acts 2019, 86th Leg., R.S., Ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 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. 977, Sec. 79, Sec. 1, eff. 497, Sec. 223, Sec. 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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (936) 539-4444. His bail has been set at $100,000. September 1, 2019. 1, eff. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 685 (H.B. Added by Acts 1999, 76th Leg., ch. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 1.01, eff. 1, eff. 1095), Sec. aggravated Bail 260 (H.B. 1, eff. 896, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. For example, were they permanently crippled? 1415, Sec. (a) A person commits an offense if the person commits assault as defined in Sec. (Tex. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. 1.18, eff. 1306), Sec. Acts 2005, 79th Leg., Ch. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 620 (S.B. 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. 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. 436 (S.B. There are various factors that influence the decision of the judge when setting the total bail bond amount. (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. Acts 2005, 79th Leg., Ch. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2