Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Recklessness is acting with a conscious disregard to the results of that action. 505 N Frazier St. Conroe , TX. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the Penal Code 12.33, 12.32, 22.02 (2022).). 1, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. Sept. 1, 1999. September 1, 2005. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 1, 2, eff. Amended by Acts 1993, 73rd Leg., ch. 361 (H.B. 11, eff. 623 (H.B. 784 (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. 14.829, eff. (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. 1286, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sec. (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). 34, eff. 739, Sec. 900, Sec. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 1.01, eff. To be charged with Aggravated Assault, there must have been an actual physical injury. 3, eff. September 1, 2005. Indecent exposure to a child. Sept. 1, 1999. 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. 1, eff. 685 (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. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. 1, 2, eff. 27.01, eff. 3, eff. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 1.125(a), eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Amended by Acts 2003, 78th Leg., ch. 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. (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. This month we feature Eric Benavides a criminal attorney in Houston, Texas. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (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 described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. His bail has been set at $100,000. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. Acts 2009, 81st Leg., R.S., Ch. Sec. What is a No Bill? (2) uses or exhibits a deadly weapon during the commission of the assault. Added by Acts 1983, 68th Leg., p. 5312, ch. 294, Sec. 19, eff. 977, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. (2) not attended by an individual in the vehicle who is 14 years of age or older. The fine for this felony can be a maximum of $1,500. 223, Sec. 22.06. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 2003. 366, Sec. 2023 (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. 1808), Sec. 549), Sec. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (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. (e) An offense under Subsection (a) is a Class A misdemeanor. 284(32), eff. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. (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. 1, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 38, eff. (1) "Child" has the meaning assigned by Section 22.011(c). 1052, Sec. Acts 2021, 87th Leg., R.S., Ch. Texas Sexting Laws Added by Acts 1984, 68th Leg., 2nd C.S., ch. 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. 2, eff. 361 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1420, Sec. 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, eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. In this case, they can still be released from jail. 1, 2, eff. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (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. 91), Sec. 1 to 3, eff. (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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. August 1, 2005. 7, eff. Sec. (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. 3, eff. Acts 2021, 87th Leg., R.S., Ch. September 1, 2013. (1) "Child" means a person younger than 17 years of age. 22.041. 461 (H.B. Broken bones or permanent scarring would be considered a serious bodily injury. Sept. 1, 1994. 194), Sec. 1, eff. CLICK HERE FOR TITLE OR CONTRACT BONDS. (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. Acts 2017, 85th Leg., R.S., Ch. 1259), Sec. (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. 620 (S.B. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Aggravated assault is a crime of violence. a fine of up to $10,000. 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. 1306), Sec. 497, Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 878, Sec. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. (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. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 1, eff. September 1, 2017. In Texas, aggravated sexual assault is always a first-degree 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. 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. September 1, 2015. 719 (H.B. 1 (S.B. 594 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 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. (a) A person commits an offense if the person commits assault as defined in Sec. 176), Sec. 2, eff. (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. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. Sept. 1, 2003. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Aggravated assault is normally a second-degree felony. Sept. 1, 2003. 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. Never believe anything you read on the internet, even if it is found on a law related blog. 18, eff. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. (2021). Acts 1973, 63rd Leg., p. 883, ch. (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. 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. 495), Sec. 858 (H.B. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. 7, eff. Aggravated assaultis normally a second-degree felony. 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1354), Sec. 719 (H.B. A capital felony includes espionage, treason, or premeditated murder. Acts 2005, 79th Leg., Ch. It can be classified as simple and aggravated assault. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Are the permanently disfigured? (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 481, Sec. 1549), Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 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. 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. An offense under Subsection (c) is a felony of the third degree. 165, Sec. 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. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 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. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 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. (Tex. (2) is committed against a public servant. 260 (H.B. 977, Sec. September 1, 2011. 1028, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. Sec. Sept. 1, 2003. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. 2, eff. September 1, 2017. Amended by Acts 1989, 71st Leg., ch. Penal Code 12.21, 12.34, 22.05 (2022).). 34 (S.B. (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. 2589), Sec. 22.012. 1, eff. 900, Sec. 1102, Sec. Amended by Acts 1993, 73rd Leg., ch. 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. 436 (S.B. 1306), Sec. 2, eff. 62, Sec. 3, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 1, eff. 24, Sec. 91), Sec. LEAVING A CHILD IN A VEHICLE. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2015. Updated: September 28, 2021; Original post: June 7, 2018. September 1, 2021. 2, eff. 16.003, eff. 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. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 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. 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. 284(23) to (26), eff. Acts 2021, 87th Leg., R.S., Ch. 873 (S.B. 2, eff. (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. 142, eff. Acts 2007, 80th Leg., R.S., Ch. (2) "Spouse" means a person who is legally married to another. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion.
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