1031, Sec. (a) A person commits an offense if the person commits assault as defined in Sec. Acts 2009, 81st Leg., R.S., Ch. 155, Sec. (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. 1006, Sec. 6), Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 22.10. 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. 2, eff. 34 (S.B. Contact us at this DUI Lawyer Cost & Fees Website. 440 (H.B. (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. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 1, eff. The fine for this felony can be a maximum of $1,500. 900, Sec. (Tex. Amended by Acts 1989, 71st Leg., ch. Acts 2005, 79th Leg., Ch. 62, Sec. (C) in discharging the firearm, causes serious bodily injury to any person. Acts 1973, 63rd Leg., p. 883, ch. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 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. (d) The defense provided by Section 22.011(d) applies to this section. (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. 91), Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. September 1, 2019. Webyou committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didnt specifically intend to kill anyone) A minimum of 2 and a maximum of 20 years in state prison; and/or. Jan. 1, 1974. 22.01. Barnes remained in jail as of Monday, according to court records. 18, Sec. 819, Sec. Was this reckless behavior under Texas criminal law? Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. Acts 2007, 80th Leg., R.S., Ch. 4, eff. 900, Sec. 284(32), eff. 29, eff. 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. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. September 1, 2017. September 1, 2019. Sept. 1, 2003; Acts 2003, 78th Leg., ch. When the conduct is engaged in recklessly, the offense is a state jail felony. 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. Sept. 1, 1983. 16.002, eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. APPLICABILITY TO CERTAIN CONDUCT. Oct. 2, 1984. (B) the victim was a nondisabled or disabled child at the time of the offense. So, how much is bail for assault in Texas? (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. (e) An offense under this section is a felony of the first degree. 164, Sec. 902), Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 399, Sec. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1999. Typically, Aggravated Assault is charged as a Second or First Degree felony. 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. September 1, 2015. 1286, Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. September 1, 2021. 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. WebTexas Penal Code Sec. There are various factors that influence the decision of the judge when setting the total bail bond amount. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. (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. Acts 2005, 79th Leg., Ch. 1, eff. September 1, 2005. 2, eff. 22.06. 840 (H.B. 2.08, eff. Acts 2017, 85th Leg., R.S., Ch. 7, eff. 1, eff. 335, Sec. September 1, 2017. 955 (S.B. 1.18, eff. Bail jumping of a felony arrest. a fine of up to $10,000. (2) is committed against a public servant. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Acts 2021, 87th Leg., R.S., 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. September 1, 2007. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 977, Sec. 2023 There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. 467 (H.B. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. (Tex. Causes impaired function or functional loss of a bodily organ or member. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person September 1, 2017. Added by Acts 1983, 68th Leg., p. 5312, ch. 334, Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 3, eff. September 1, 2007. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 1 to 3, eff. 24), Sec. (b) An offense under this section is a Class C misdemeanor. Recklessness is acting with a conscious disregard to the results of that action. 1259), Sec. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. 164, Sec. 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. 1306), Sec. 16, Sec. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. 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. 728 (H.B. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant 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 public servant; (2) 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: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 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; or. September 1, 2011. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 1, eff. 27.01, eff. 1019, Sec. 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. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. (2) "Spouse" means a person who is legally married to another. 495), Sec. 3019), Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 27.01, 31.01(68), eff. 76, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. This month we feature Eric Benavides a criminal attorney in Houston, Texas. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. September 1, 2021. 273 (H.B. Broken bones or permanent scarring would be considered a serious bodily injury. Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 260 (H.B. He was originally indicted on five felony September 1, 2019. 318, Sec. 2, eff. 24, eff. 38, eff. 1164), Sec. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. 1028, Sec. (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. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. 139, Sec. 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. September 1, 2017. 1.01, eff. 8), Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 528, Sec. 873 (S.B. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 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. 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.. 1.01, eff. 896, Sec. (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. 42A.051, 42A.102; Tex. WebA bail hearing is every defendants right. 2, eff. 399, Sec. 3607), Sec. (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. Acts 2021, 87th Leg., R.S., Ch. 667), Sec. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. (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. 1008, Sec. Acts 2007, 80th Leg., R.S., Ch. 2589), Sec. September 1, 2021. 14, Sec. (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. September 1, 2017. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Jan. 1, 1974. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1038 (H.B. 21.001(39), eff. (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. 739, Sec. To be charged with Aggravated Assault, there must have been an actual physical injury. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. Amended by Acts 1979, 66th Leg., p. 1114, ch. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. September 1, 2017. 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. 768), Sec. Aggravated assaultis normally a second-degree felony. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 187 (S.B. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. 2, eff. Sec. 1, 2, eff. 184), Sec. 1.125(a), eff. 1, eff. Updated: September 28, 2021; Original post: June 7, 2018. Jan. 1, 1974. (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. Amended by Acts 1979, 66th Leg., p. 367, ch. 2, eff. 12, eff. 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. 2, eff. Possibility of community supervision. ASSAULT. 505 N Frazier St. Conroe , TX. Acts 2005, 79th Leg., Ch. Contact our office today for a free initial consultation and learn what options are available to you. Lets take a look the statutory definition of the offense. Do not delay. 875 (H.B. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. 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. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. WebTwo to ten years in prison and possible fine not to exceed $10,000. (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. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. Jul 14, 2020. Acts 2021, 87th Leg., R.S., Ch. (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. 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. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 665 (H.B. 29), Sec. 900, Sec. 15.02(a), eff. 659, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 22.09. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 1.01, eff. 623 (H.B. In this case, they can still be released from jail. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 24, Sec. 34 (S.B. Repeat felony and misdemeanor offenders can face enhanced sentences, such as an increased felony level (third-degree moves up to second-degree) or mandatory minimums (a minimum of 90 days in jail or 15 years' prison time). 318, Sec. (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. 1, eff. It includes Class C misdemeanors committed with deadly weapons. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1087, Sec. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. It can be charged as a first-degree felony, with imprisonment of 99 years to life, if the assault is committed against a member of your family or household, someone with whom you have 1, eff. Acts 2019, 86th Leg., R.S., Ch. 1 to 3, eff. 784 (H.B. 977, Sec. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Can You Get a Bail Bond for a Felony Charge in Texas? (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. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. 162, Sec. September 1, 2019. Sec. Sept. 1, 1985. 900, Sec. 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. AIDING SUICIDE. 1, eff. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 260 (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. Added by Acts 1999, 76th Leg., ch. What are the punishments for Aggravated Assault in Texas? Sept. 1, 1987; Acts 1989, 71st Leg., ch. 33, eff. September 1, 2009. 165, Sec. 79, 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.