According to Tex. 46, eff. This field is for validation purposes and should be left unchanged. September 1, 2005. 1, eff. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 1, eff. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. 12, 13, eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 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. 4, eff. 2018), Sec. (Tex. TAMPERING WITH CONSUMER PRODUCT. 22.06. 915 (H.B. 2552), Sec. (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. 164, Sec. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. (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. To be charged with Aggravated Assault, there must have been an actual physical injury. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. Sec. A No Bill is the equivalent of a dismissal of your aggravated assault charges. 1, eff. 1.18, eff. Aggravated assaultis normally a second-degree felony. 1, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. 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. Broken bones or permanent scarring would be considered a serious bodily injury. 8.139, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. 549), Sec. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Amended by Acts 1993, 73rd Leg., ch. 1 (S.B. 1575), Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Call today for afree case review. 939, Sec. Amended by Acts 1977, 65th Leg., p. 2067, ch. 738 (H.B. Acts 2009, 81st Leg., R.S., Ch. 22.04. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your attorney will advise you on the best options available to fight back against your charges. Anywhere between $5,000 and $50,000 is a reasonable range. Can You Get a Bail Bond for a Felony Charge in Texas? Sept. 1, 1994. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 22.012. 788 (S.B. 1008, Sec. If you have been arrested Schedule Your 187 (S.B. Acts 2005, 79th Leg., Ch. Sometimes a person can be released on their own recognizance without posting bail. Start here to find criminal defense lawyers near you. 318, Sec. The estimated bail amount in such cases can be more than $500,000. 21.002(14), eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 18, Sec. 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. 1, eff. (C) the victim is an elderly individual or a disabled individual. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 604, Sec. 1, eff. Sept. 1, 2003. Sec. 3, eff. How much bail costs normally depends on the charge that the defendant is facing. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Penal Code 1.07, 22.01, 22.02 (2022).). Your permanent record will be negatively affected. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. Sept. 1, 2003; Acts 2003, 78th Leg., ch. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. September 1, 2011. Indecent exposure to a child. 719 (H.B. INDECENT ASSAULT. Acts 2005, 79th Leg., Ch. 1, eff. September 1, 2021. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. DEADLY CONDUCT. 788 (S.B. 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. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (Tex. 2, eff. (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. Amended by Acts 1987, 70th 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 22.07. Sept. 1, 1994. 1, eff. September 1, 2015. Bail percentages can vary by state & be as low as 5% or even as high as 20%. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1808), Sec. Criminal Lawyer Tip: Serious bodily injury must be proven beyond a reasonable doubt that establishes a permanent or substantial loss of use of a bodily member or organ. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. 1306), Sec. 3, eff. 1, eff. WebA bail hearing is every defendants right. (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. Bail jumping of a felony arrest. 14, Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. 1.01, eff. (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. (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. 22.01. August 1, 2005. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. (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. 1028, Sec. 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. 162, Sec. 2, eff. 2, eff. Acts 2005, 79th Leg., Ch. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2005. 194), Sec. 1038 (H.B. 791, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. 16, Sec. 91), Sec. 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. Sec. Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. Bail percentages may be negotiable, so you should ask your bondsman. Acts 2021, 87th Leg., R.S., Ch. Here is where aggravated assault charges can get a little crazy. September 1, 2021. 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. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. Sept. 1, 2001; Acts 2003, 78th Leg., ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 6, eff. (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. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 91), Sec. 903, Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. 467 (H.B. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. 3, eff. September 1, 2005. 3, eff. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. The offense becomes a first-degree felony when any of the following (b) An offense under this section is a felony of the second 202, Sec. 900, Sec. 1101, Sec. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. An offense under Subsection (b) is a felony of the third degree. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Was this reckless behavior under Texas criminal law? In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Penal Code 12.33, 12.32, 22.02 (2022).). 687, Sec. While states define and penalize aggravated assault differently, most punish these crimes 1, eff. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 1, 2, eff. 1, eff. 139, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Acts 2017, 85th Leg., R.S., Ch. APPLICABILITY TO CERTAIN CONDUCT. 1031, Sec. It can be classified as simple and aggravated assault. (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. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. In fact, after the expiration of the statute of limitations, you will be eligible to file a petition for expunction to have your aggravated assault arrest and charges permanently deleted from your criminal record. When the conduct is engaged in recklessly, the offense is a state jail felony. They may be afraid that if they do not claim you placed them in fear for their life, they may get arrested and face similar criminal charges. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1994; Acts 2003, 78th Leg., 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. 1, eff. 2, eff. 22.011. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. Typically, Aggravated Assault is charged as a Second or First Degree felony. Punishment for Assault. (1) "Child" has the meaning assigned by Section 22.011(c). 977, Sec. September 1, 2007. 620 (S.B. 1, eff. September 1, 2005. Sept. 1, 2003. 1, eff. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 822, Sec. 5, eff. 1808), Sec. 751 (H.B. 399, Sec. 155, Sec. 22.021. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 24), Sec. 7, eff. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Amended by Acts 1989, 71st Leg., ch. (2) is committed against a public servant. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 21.001(39), eff. WebTwo to ten years in prison and possible fine not to exceed $10,000. 1, eff. 788 (S.B. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 2 min read. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 2, eff. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 685 (H.B. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 900, Sec. 1, eff. 38, eff. 2, eff. 1306), Sec. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. Acts 2009, 81st Leg., R.S., Ch. What is a No Bill? (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. He was originally indicted on five felony Sept. 1, 2003. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Sec. September 1, 2019. 440 (H.B. Lets take a look the statutory definition of the offense. 1, eff. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. September 1, 2019. 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. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Sec. 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. 15.02(b), eff. (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. 553, 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. (f) An offense under Subsection (c) is a state jail felony. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. 593 (H.B. 1, eff. 29), Sec. 3019), Sec. 1.01, eff. (2) "Elderly individual" means a person 65 years of age or older. 3019), Sec. 1, eff. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 5, 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 436 (S.B. (2) "Spouse" means a person who is legally married to another. Examples include a firearm, hunting knife, rope, or even a baseball bat. 949 (H.B. (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. 7, eff. 655, 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. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Acts 2017, 85th Leg., R.S., Ch. 1576), Sec. 719 (H.B. 900, Sec. 2, eff. (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. Jan. 1, 1974. 896, Sec. 135, Sec. 1038 (H.B. 91), Sec. 4170), Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sec. (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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 497, Sec. 18, eff. 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. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. Sept. 1, 2003. (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. Acts 2017, 85th Leg., R.S., Ch. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. causes impairment of the function of a body part or organ. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 977, Sec. 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. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 768), Sec. arts. 16.002, eff. What are the punishments for Aggravated Assault in Texas? Bail for third-degree felonies is usually around $1,500 to $5,000. 1, 2, eff. 977, Sec. 728 (H.B. If you have been charged with aggravated assault in Texas, you need to be informed about the charges you are facing and prepared for what you can do to attack those charges. 2, eff. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. Sept. 1, 1983. 528, Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. September 1, 2011. (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). Sept. 1, 1999; Acts 2001, 77th Leg., ch. An offense under Subsection (c) is a felony of the third degree.