739, Sec. 15.02(a), eff. (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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 688), Sec. 1006, Sec. September 1, 2011. 1038 (H.B. 1, 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. 318, Sec. September 1, 2005. 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 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. Sept. 1, 1983. Escape from felony custody. 620 (S.B. Assault against someone who reported a crime, an informant, or a witness. 1, eff. (3) "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. 427 (H.B. 440 (H.B. 22.08. 2, eff. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. 467 (H.B. Intoxication assault. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. 900, Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. 1, eff. 334, Sec. 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. 530, Sec. 5, eff. Acts 2021, 87th Leg., R.S., Ch. April 14, 1987; Acts 1987, 70th Leg., ch. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 1, eff. (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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 2.08, eff. Acts 2021, 87th Leg., R.S., Ch. 1354), Sec. 3019), Sec. September 1, 2005. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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 2017, 85th Leg., R.S., Ch. 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. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. 1, eff. Do not delay. June 11, 2009. 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! 18, Sec. 33, eff. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 1, eff. (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. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. September 1, 2007. 1549), Sec. Added by Acts 1999, 76th Leg., ch. 268 (S.B. September 1, 2017. 1, eff. 2.017, eff. Sec. (b) An offense under this section is a felony of the second 399, Sec. In the following Acts 2009, 81st Leg., R.S., Ch. 334, Sec. The penalty increases to a third-degree felony if it involves discharging a firearm. 1286), Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 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. (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. 29), Sec. 436 (S.B. 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. 858 (H.B. (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. (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. (Tex. 361 (H.B. Acts 2005, 79th Leg., Ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 2589), Sec. 3, eff. Penal Code 1.07, 22.01, 22.02 (2022).). Acts 2015, 84th Leg., R.S., Ch. The estimated bail amount in such cases can be more than $500,000. 875 (H.B. arts. Sec. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. Yes! TERRORISTIC THREAT. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 977, Sec. 164), Sec. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 620 (S.B. CLICK HERE FOR TITLE OR CONTRACT BONDS. 24, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. 788 (S.B. Added by Acts 2003, 78th Leg., ch. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. (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. 1, 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. 784 (H.B. 7, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 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. 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. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 1, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. An offense under Subsection (b) is a felony of the third degree. 1, eff. 1095), Sec. (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. His bail has been set at $100,000. 165, Sec. 878, Sec. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Yes! Acts 2011, 82nd Leg., R.S., Ch. In 2016 there were 72,609 reports of aggravated assault in Texas. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. When the conduct is engaged in recklessly, the offense is a state jail felony. 751 (H.B. Acts 2019, 86th Leg., R.S., Ch. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. September 1, 2005. (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. 1, 2, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Anywhere between $5,000 and $50,000 is a reasonable range. WebTwo to ten years in prison and possible fine not to exceed $10,000. (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. 2, eff. 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. Deadly conduct with a firearm. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 900, Sec. 21.002(14), eff. Acts 2005, 79th Leg., Ch. September 1, 2005. 1259), Sec. Sec. SEXUAL ASSAULT. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. AGGRAVATED ASSAULT. 705), Sec. September 1, 2011. 2, eff. The penalties for assault on a family member can vary depending on what level of charge was brought against you. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. September 1, 2005. 728 (H.B. 1, eff. September 1, 2019. (C) in discharging the firearm, causes serious bodily injury to any person. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. (f) An offense under Subsection (c) is a state jail felony. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 24, eff. (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. Amended by Acts 1977, 65th Leg., p. 2067, ch. 2018), Sec. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2015. (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. Sec. Sept. 1, 2003. 685 (H.B. 1031, Sec. 1.01, eff. Acts 2015, 84th Leg., R.S., Ch. Indecent exposure to a child. 495), Sec. Sept. 1, 1983. 142, eff. Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Amended by Acts 1989, 71st Leg., ch. 2, eff. (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. Web(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 1286), Sec. 977, Sec. 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. 900, Sec. (d) The defense provided by Section 22.011(d) applies to this section. 7, eff. 3607), Sec. Acts 2015, 84th Leg., R.S., Ch. In Texas, aggravated sexual assault is always a first-degree felony. Start here to find criminal defense lawyers near you. TAMPERING WITH CONSUMER PRODUCT. This month we feature Eric Benavides a criminal attorney in Houston, Texas. September 1, 2007. Amended by Acts 1993, 73rd Leg., ch. 1, 2, eff. 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. (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. Sometimes a person can be released on their own recognizance without posting bail. 22.04. Acts 2017, 85th Leg., R.S., Ch. (2) "Spouse" means a person who is legally married to another. Acts 2019, 86th Leg., R.S., Ch. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 76, Sec. (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. 1, eff. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 1, eff. 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. 22.11. Sept. 1, 1983. (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. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 62, Sec. 659, Sec. LEAVING A CHILD IN A VEHICLE. 22.07. (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 good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 24), Sec. September 1, 2009. September 1, 2011. 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.
