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Acts 2015, 84th Leg., R.S., Ch. 1, eff. Escape from felony custody. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. The estimated bail amount in such cases can be more than $500,000. 2, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. 399, Sec. 2 min read. 3, eff. 2, eff. So, how much is bail for assault in Texas? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 977, Sec. Acts 2011, 82nd Leg., R.S., Ch. 728 (H.B. The punishment must be a minimum term of 25 years in two circumstances: The offender sexually assaulted a child younger than 6 years of age. WebIn Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. 495), Sec. Acts 2017, 85th Leg., R.S., Ch. 461 (H.B. Acts 2005, 79th Leg., Ch. 22.01 (Assault) and the person: (1) causes This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 284 (S.B. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 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. 34 (S.B. Acts 2013, 83rd Leg., R.S., Ch. It can be classified as simple and aggravated assault. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 685 (H.B. 62, Sec. 788 (S.B. 2018), Sec. (2) is committed against a public servant. September 1, 2005. This 900, Sec. 29, eff. 34 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 3, eff. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. 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. What is a No Bill? 27.01, eff. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Sept. 1, 2003. 1286), Sec. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 1, 2, eff. September 1, 2009. Sept. 1, 1983. 6), Sec. 481, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. A capital felony includes espionage, treason, or premeditated murder. 495), Sec. 202, 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. 1415, Sec. 1354), Sec. 662, Sec. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 273 (H.B. (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. 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. (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. Acts 2015, 84th Leg., R.S., Ch. 788 (S.B. September 1, 2015. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 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. (b) An offense under this section is a Class A misdemeanor. What are the punishments for Aggravated Assault in Texas? ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. (8) a person the actor knows is pregnant at the time of the offense. 1.125(a), eff. 18, eff. 467 (H.B. Acts 2021, 87th Leg., R.S., Ch. 284(32), eff. 1, eff. September 1, 2019. (2) "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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 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. Penal Code 12.33, 12.32, 22.02 (2022).). 7, eff. 1, eff. 739, Sec. 1286), Sec. 2, eff. Acts 2021, 87th Leg., R.S., Ch. WebTexas Penal Code Sec. a fine of up to $10,000. 357, Sec. 22.10. (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. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. August 1, 2005. 260 (H.B. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. (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. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (C) the victim is an elderly individual or a disabled individual. 1, eff. 1, eff. 2, eff. September 1, 2005. Your attorney will advise you on the best options available to fight back against your charges. 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. 1, eff. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 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. Intoxication assault. 3, eff. (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. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 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. (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. 4.02, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (b) An offense under this section is a felony of the third degree. 878, Sec. 1, eff. 22.08. 22.07. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1808), Sec. Jan. 1, 1974. 2, eff. 809, Sec. Sept. 1, 1994. 900, Sec. 2, eff. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. 42A.051, 42A.102; Tex. 1158, Sec. 16.002, eff. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. Acts 2017, 85th Leg., R.S., Ch. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Acts 2019, 86th Leg., R.S., Ch. 738 (H.B. 1.01, eff. 5, eff. 903, Sec. 334, Sec. 1, eff. 1, eff. AGGRAVATED SEXUAL ASSAULT. Sec. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 505 N Frazier St. Conroe , TX. 688), Sec. 12, eff. 91), Sec. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 3, eff. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. 784 (H.B. September 1, 2007. Sec. The penalty increases to a third-degree felony if it involves discharging a firearm. 1, eff. 858 (H.B. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 1, eff. 1, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. WebA bail hearing is every defendants right. 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. 162, Sec. 399, Sec. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. (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. 446, Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. A Class A misdemeanor is the least serious of these charges. Start here to find criminal defense lawyers near you. 1.01, eff. 1019, Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. Jan. 1, 1974. 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. According to Tex. 22.011. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. (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). 2018), Sec. Acts 1973, 63rd Leg., p. 883, ch. 593 (H.B. (2) not attended by an individual in the vehicle who is 14 years of age or older. 16, Sec. 768), Sec. Penal Code 12.21, 12.34, 22.05 (2022).). September 1, 2005. (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. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 165, Sec. Sec. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. Amended by Acts 1989, 71st Leg., ch. (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. SEXUAL ASSAULT. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 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. Acts 2005, 79th Leg., Ch. We find many media outlets and reporters and bloggers wanting to quote his blog at EricBenavides.com or our blog at HoustonCriminalAttorney.us, and in order to further facilitate these media mentions, our owner has commissioned this 2nd legal blog here at TakingCareOfTexas.org. 1.01, eff. Aggravated Assault is a serious crime under Texas law. 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. 11, eff. 915 (H.B. 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. 22.02. Acts 2011, 82nd Leg., R.S., Ch. 294, Sec. 1286, Sec. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. 24), Sec. 667), Sec. 15.02(a), eff. 1, eff. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 223, Sec. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Class B misdemeanor: Up to 180 days in jail and a fine Sept. 1, 1985. Let us start building your defense. 91), Sec. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. Deadly conduct with a firearm. That includes charges of physically touching the victim or issuing a threat. 4, eff. 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. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Examples include a firearm, hunting knife, rope, or even a baseball bat. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or.