Amended by Acts 1977, 65th Leg., p. 2067, ch. It includes Class C misdemeanors committed with deadly weapons. 1415, Sec. 1.01, eff. 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. TERRORISTIC THREAT. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. Sept. 1, 1999. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 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. Acts 2019, 86th Leg., R.S., Ch. 1, 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. 388, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. How Much Is Bail for a Felony in Philadelphia? 14, Sec. 461 (H.B. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. Acts 2015, 84th Leg., R.S., 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. In this case, they can still be released from jail. (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. Acts 2005, 79th Leg., Ch. September 1, 2021. Bail Has Been "Reformed" in Texas: What You Amended by Acts 1985, 69th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Texas 399, Sec. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 91), Sec. September 1, 2019. 165, Sec. 3, eff. 436 (S.B. Sept. 1, 2001. 194), Sec. A grand jury no bill is the equivalent of a dismissal. Sec. Added by Acts 1999, 76th Leg., ch. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. Penal Code 12.21, 12.34, 22.05 (2022).). 1354), Sec. 7, eff. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1974. 1306), Sec. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 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. 623 (H.B. 1, eff. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 2, eff. 623 (H.B. Simple Assault vs. Aggravated Assault in Texas 1, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sept. 1, 2003; Acts 2003, 78th Leg., ch. To be charged with Aggravated Assault, there must have been an actual physical injury. 939, Sec. 46, eff. 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. 3019), Sec. 620, Sec. 28, eff. Sec. Woman accused of killing terminally ill husband in hospital released We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 202, Sec. In the following 162, Sec. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Penal Code 12.42, 12.43 (2022).). Updated: September 28, 2021; Original post: June 7, 2018. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. Acts 1973, 63rd Leg., p. 883, ch. 900, Sec. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. (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. Acts 2009, 81st Leg., R.S., Ch. Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Lic.# 0022. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. 1306), Sec. Sept. 1, 1985. (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. 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. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Sept. 1, 1983. (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. September 1, 2005. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 142, 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. 417, Sec. Misdemeanor assault charge penalties in Texas. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Acts 2011, 82nd Leg., R.S., Ch. (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. 361 (H.B. 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. (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. Sec. a fine of up to $10,000. (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. September 1, 2007. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. What is a No Bill? (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). He has been named one of the 3 Best DUI Lawyers in Fort Worth, recognized by Expertise, National Trial Lawyers, Avvo, and others, and he is Lead Counsel rated. Assault against someone who reported a crime, an informant, or a witness. 840 (H.B. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Acts 2019, 86th Leg., R.S., Ch. Contact us at this DUI Lawyer Cost & Fees Website. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. AGGRAVATED SEXUAL ASSAULT. 688), Sec. 1, eff. 788 (S.B. Texas Criminal Attorneys Taking Care of Texas Blawg. 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 22.05. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Acts 2005, 79th Leg., Ch. 79, Sec. September 1, 2019. 3, eff. His bail has been set at $100,000. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. 655, Sec. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. September 1, 2007. 284(32), eff. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 549), Sec. 643), Sec. A Class A misdemeanor is the least serious of these charges. 620 (S.B. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. In Texas, aggravated sexual assault is always a first-degree 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. 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; 91), Sec. (C) in discharging the firearm, causes serious bodily injury to any person. (Tex. 164), Sec. Added by Acts 1983, 68th Leg., p. 2812, ch. 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. 2.04, eff. 3, eff. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. 2, eff. 549), Sec. Sec. 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. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. 8), Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. September 1, 2005. Aggravated Assault Bonds Acts 2011, 82nd Leg., R.S., Ch. (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. 22.09. 739, Sec. INDECENT ASSAULT. 461 (H.B. 4, eff. 22.12. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 2003. 1, eff. 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. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. In some states, the information on this website may be considered a lawyer referral service. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. (1) "Child" means a person 14 years of age or younger. Sept. 1, 2003; Acts 2003, 78th Leg., ch. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. 495), Sec. (8) a person the actor knows is pregnant at the time of the offense. 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. 738 (H.B.
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