(2) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Texas Sexting Laws (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. September 1, 2009. 15.02(a), eff. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Texas Assault Charge: Simple & Aggravated Assault 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. Lets break down the parts of that definition. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. 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 to Expect after Getting a Texas Assault Charge 22.01. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Bail for third-degree felonies is usually around $1,500 to $5,000. 1, eff. 10, eff. 1, eff. (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. A capital felony includes espionage, treason, or premeditated murder. 46, eff. Here is where aggravated assault charges can get a little crazy. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. Acts 2007, 80th Leg., R.S., Ch. His bail has been set at $100,000. Acts 2011, 82nd Leg., R.S., Ch. In Texas, aggravated sexual assault is always a first-degree felony. 3, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. The penalty increases to a third-degree felony if it involves discharging a firearm. (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. 1808), Sec. 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. 543 (H.B. (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. 2, eff. Escape from felony custody. 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. 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. (e) An offense under Subsection (a) is a Class A misdemeanor. 3, eff. 900, Sec. (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. Assault Family Violence Texas Punishment | Law Office of J. Barrett (b) An offense under Subsection (a)(1) is a Class B misdemeanor. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 739, Sec. 1.01, eff. September 1, 2005. Your attorney will advise you on the best options available to fight back against your charges. 33, eff. Added by Acts 1983, 68th Leg., p. 2812, ch. September 1, 2011. APPLICABILITY TO CERTAIN CONDUCT. Acts 2017, 85th Leg., R.S., Ch. (d) The defense provided by Section 22.011(d) applies to this section. 1, eff. Victim is a public servant or security officer working in his or her line of duty. Sec. 2, eff. Aggravated 3, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 3, eff. Texas Aggravated Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 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. Yes! Sept. 1, 2001; Acts 2003, 78th Leg., 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. 497, Sec. 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. 135, Sec. (e) An offense under this section is a felony of the first degree. September 1, 2019. 788 (S.B. Bail percentages can vary by state & be as low as 5% or even as high as 20%. 467 (H.B. Texas Penal Code Section 22.02 - Aggravated Assault In 2016 there were 72,609 reports of aggravated assault in Texas. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 2.017, eff. Second-degree felony charge result in a maximum of 20 years in prison. Updated: September 28, 2021; Original post: June 7, 2018. 27, eff. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 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. When the conduct is engaged in recklessly, the offense is a state jail felony. 164, Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. (Tex. Jan. 1, 1974. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. (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. 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. Acts 2017, 85th Leg., R.S., Ch. 194), Sec. 399, Sec. 549), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. ASSAULT. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. 14, Sec. How Much Is Bail for a Felony in Philadelphia?: Long Law Firm Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. 22.11. (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. Bail percentages may be negotiable, so you should ask your bondsman. 2, eff. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 900, Sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 91), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Search Texas Statutes. Can You Get a Bail Bond for a Felony Charge in Texas? Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 294, Sec. 2, eff. 7, eff. 268 (S.B. A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. Acts 2015, 84th Leg., R.S., Ch. Are the permanently disfigured? Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 2, eff. (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). (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. 2, eff. 1, 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. 2, eff. Sec. (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. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. 1, eff. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Aggravated Assault Texas Jail Time, Punishment, Fines Sept. 1, 1994. What if the criminal mental state can be proven by the prosecutor? Jul 14, 2020. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. 139, Sec. WebA bail hearing is every defendants right. 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. Acts 2017, 85th Leg., R.S., Ch. ABANDONING OR ENDANGERING CHILD. 904, Sec. 19, eff. 719 (H.B. Acts 2021, 87th Leg., R.S., Ch. Causes impaired function or functional loss of a bodily organ or member. Lets take a look the statutory definition of the offense. (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. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 2, eff. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. (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. 2, eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. This field is for validation purposes and should be left unchanged. Intoxication assault. Aggravated Assault is a serious crime under Texas law. 1, eff. 900, Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 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. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 1.01, eff. 1, eff. 165, Sec. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Sept. 1, 1994. September 1, 2005. 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. (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. 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. 1, eff. September 1, 2007. 2023 (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. September 1, 2015. 1019, 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. Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 896, Sec. 1, eff. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Penal Code Ann. Sept. 1, 1995; Acts 1995, 74th Leg., ch. INDECENT ASSAULT. 659, Sec. Acts 2011, 82nd Leg., R.S., Ch. arts. Punishment for Assault. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. Acts 2019, 86th Leg., R.S., Ch. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Sept. 1, 2001. 417, Sec. Sept. 1, 1983. A Class A misdemeanor is the least serious of these charges. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. If youve been charged with a crime, call us today. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Aggravated Assault Bonds 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. 791, Sec. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 1, eff. 440 (H.B. 1, 2, eff. 12, eff. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the Oct. 2, 1984. 505 N Frazier St. Conroe , TX. Texas Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 2018), Sec. 557, Sec. Anywhere between $5,000 and $50,000 is a reasonable range. Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 27.01, 31.01(68), eff. 738 (H.B. 24), Sec. 655, Sec. Sept. 1, 2003. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. (b) An offense under this section is a Class A misdemeanor. September 1, 2017. 260 (H.B. 858 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1.125(a), eff. 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. 440 (H.B. (B) the victim was a nondisabled or disabled child at the time of the offense. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences.