1, eff. 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. September 1, 2011. Sept. 1, 1983; Acts 1985, 69th Leg., ch. (2) is committed against a public servant. 1102, Sec. 822, Sec. 2, eff. Let us start building your defense. Jan. 1, 1974. 1.01, eff. (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. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 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. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Updated: September 28, 2021; Original post: June 7, 2018. Acts 2019, 86th Leg., R.S., Ch. 623 (H.B. 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. Texas Criminal Attorneys Taking Care of Texas Blawg. September 1, 2021. (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. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 1 to 3, eff. 4170), Sec. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. (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. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Acts 2009, 81st Leg., R.S., Ch. (Tex. Possibility of community supervision. 1, eff. 1 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 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. 1, eff. September 1, 2007. 1576), Sec. 1, 2, eff. (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. 1.18, eff. 22.07. 543 (H.B. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. It can be classified as simple and aggravated assault. 788 (S.B. 361 (H.B. Deadly conduct with a firearm. Sometimes a person can be released on their own recognizance without posting bail. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. In Texas, aggravated sexual assault is always a first-degree felony. 22.02. 24), Sec. (B) 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; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) 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 government to provide the service; or. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorneys Office experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. 16.003, 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. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. 1, eff. Sept. 1, 2003. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. (B) the victim was a nondisabled or disabled child at the time of the offense. Acts 2017, 85th Leg., R.S., Ch. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 417, Sec. 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. September 1, 2009. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 557, Sec. Acts 1973, 63rd Leg., p. 883, ch. DEADLY CONDUCT. Acts 2011, 82nd Leg., R.S., Ch. A King County judge granted pre-trial release to a man accused of killing one person and shooting six others in the Jan. 2020 mass shooting in downtown Seattle. Amended by Acts 1979, 66th Leg., p. 367, ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. 461 (H.B. Acts 2007, 80th Leg., R.S., Ch. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. 594 (H.B. (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. In some states, the information on this website may be considered a lawyer referral service. September 1, 2015. Intoxication assault. Phone:817-839-3965 Fort Wort Address:115 W 2nd St #201, Fort Worth, TX 76102 Arlington Address: 4275 Little Road Suite 205, 9, Arlington, TX 76016 Southlake Address: 771 E Southlake, Suite 105, Southlake, TX 76092, North Richland Hills | Arlington |Mansfield | Euless | Bedford | Keller | Grand Prairie | Burleson | Grapevine | Colleyville | Southlake, Aggravated Assault Deadly Weapon - A Former DA Explains How to Beat Your Case! Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1.01, eff. 446, Sec. 1.01, eff. 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. Barnes remained in jail as of Monday, according to court records. September 1, 2019. 1.01, eff. (b) An offense under this section is a felony of the second (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1, eff. 1, eff. 2, eff. Do not delay. APPLICABILITY TO CERTAIN CONDUCT. (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. 1, eff. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. His bail has been set at $100,000. 135, Sec. 164), Sec. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 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. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. TAMPERING WITH CONSUMER PRODUCT. Acts 2019, 86th Leg., R.S., Ch. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. Aggravated assault is a crime of violence. September 1, 2017. 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. 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. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 659, Sec. 3, eff. According to Tex. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. (C) in discharging the firearm, causes serious bodily injury to any person. 1420, Sec. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. (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. 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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, 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. 1, eff. 1, eff. Sept. 1, 1994. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Added by Acts 1983, 68th Leg., p. 2812, ch. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. 334, Sec. 1, eff. 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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 1, eff. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. (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. 3019), Sec. September 1, 2021. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 604, Sec. 549), Sec. 1052, Sec. (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 2017, 85th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 1101, Sec. (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. Acts 2021, 87th Leg., R.S., 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. 22.10. Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 719 (H.B. 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. Lets give you an example of a bail bond amount. 399, Sec. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1.01, eff. 2908), Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 14.829, eff. 1008, Sec. Aggravated Assault is a serious crime under Texas law. 1259), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 4, eff. 900, Sec. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (2) uses or exhibits a deadly weapon during the commission of the assault. Acts 2017, 85th Leg., R.S., Ch. 27.01, 31.01(68), eff. (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. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 481, Sec. 819, 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. 1306), Sec. (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. Acts 2007, 80th Leg., R.S., Ch. 1.01, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Acts 2019, 86th Leg., R.S., Ch. 667), Sec. 15.02(b), eff. 1038 (H.B. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Amended by Acts 1977, 65th Leg., p. 2067, ch. (2021). September 1, 2005. (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. Typically, Aggravated Assault is charged as a Second or First Degree felony. 91), Sec. His bail has been set at $100,000. (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. 900, Sec. September 1, 2009. Indecent exposure to a child. Penal Code 12.33, 12.32, 22.02 (2022).). An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 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. 91), Sec. It includes Class C misdemeanors committed with deadly weapons. Sec. 2, eff. 461 (H.B. 2, eff. 3, eff. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Acts 2005, 79th Leg., Ch. 223, Sec. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 139, Sec. 1, eff. September 1, 2011. 2, eff. 22.011. 495), Sec. (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. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Search Texas Statutes. 388, Sec. 1095), Sec. 14, Sec. 142, eff. 643), Sec. 738 (H.B. Acts 2005, 79th Leg., Ch. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. (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. Acts 2005, 79th Leg., Ch. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. 3, eff. Your attorney will advise you on the best options available to fight back against your charges. September 1, 2019. 284(23) to (26), eff. September 1, 2017. 809, Sec. (b) An offense under this section is a felony of the third degree. Here is where aggravated assault charges can get a little crazy. When the conduct is engaged in recklessly, the offense is a state jail felony. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Sec. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 739, Sec. 1, eff. (e) An offense under Subsection (a) is a Class A misdemeanor. 366, Sec. 900, Sec. 16, Sec. (2) "Elderly individual" means a person 65 years of age or older. A capital felony includes espionage, treason, or premeditated murder. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 22.12. 2240), Sec. 22.041. 284(32), eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 2, eff. 900, Sec. 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. So, how much is bail for assault in Texas? Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 273, Sec. Are the permanently disfigured? This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 685 (H.B. September 1, 2005. 584 (S.B. 1306), Sec. Bail for third-degree felonies is usually around $1,500 to $5,000. 436 (S.B. (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. Acts 2017, 85th Leg., R.S., Ch. Texas Penal Code 1.07(46) defines serious bodily injury as follows: Texas Penal Code Section 1.07(17) defines a deadly weapon as: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. 399, Sec. (936) 539-4444. (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. September 1, 2017. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2019. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. Jul 14, 2020. Sept. 1, 1999; Acts 2001, 77th Leg., ch. For instance, they might promise to appear when summoned for trial. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. (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.