549), Sec. 955 (S.B. How Much is Bail for Assault in Texas? - Bail Agent Network Acts 2009, 81st Leg., R.S., Ch. Escape from felony custody. Sec. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. (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. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. 29), Sec. (a) A person commits an offense if the person commits assault as defined in Sec. 2, eff. How Much Is Bail for a Felony in Philadelphia? 164, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. September 1, 2005. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. WebThe current Texas law defines the offense of Aggravated Sexual Assault in Penal Code Section 22.021 as follows: [1] (a) A person commits an offense: (1) if the person: (A) intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of another person by any means, without that persons consent; 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). Sept. 1, 2001; Acts 2003, 78th Leg., ch. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. 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. 1, eff. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 34 (S.B. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 436 (S.B. (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. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. September 1, 2017. 667), Sec. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 2240), Sec. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. (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. 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. 2, 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. 3, eff. Sec. 2908), Sec. (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. 22.06. 1, eff. Lets break down the parts of that definition. 791, Sec. 399, Sec. 2 min read. Acts 2005, 79th Leg., Ch. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. (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. 1158, Sec. 2, Sec. Sec. Sec. September 1, 2021. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. Indecent exposure to a child. Acts 1973, 63rd Leg., p. 883, ch. Aggravated Assault Charges In Texas - Hampton Law Firm 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. September 1, 2015. Your attorney will advise you on the best options available to fight back against your charges. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 3, eff. 1, eff. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Typically, Aggravated Assault is charged as a Second or First Degree felony. (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. Acts 2011, 82nd Leg., R.S., Ch. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 21.002(14), eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 768), Sec. 34 (S.B. (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. 977, Sec. INDECENT ASSAULT. (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. (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) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (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. 1, eff. September 1, 2021. 388, Sec. 3, eff. (936) 539-4444. 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. APPLICABILITY TO CERTAIN CONDUCT. 4.02, eff. 719 (H.B. 427 (H.B. Sept. 1, 1985. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 273, Sec. 1, eff. Jan. 1, 1974. causes impairment of the function of a body part or organ. In some states, the information on this website may be considered a lawyer referral service. 784 (H.B. Barnes remained in jail as of Monday, according to court records. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? April 14, 1987; Acts 1987, 70th Leg., ch. 1, eff. If youve been charged with a crime, call us today. arts. Aggravated assault is a crime of violence. Feb. 1, 2004. (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. Acts 2021, 87th Leg., R.S., Ch. (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. 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. 2.04, eff. 399, Sec. Amended by Acts 1989, 71st Leg., ch. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Was this reckless behavior under Texas criminal law? September 1, 2019. 3, eff. 2066), Sec. 939, Sec. 594 (H.B. (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. 282 (H.B. 91), Sec. 6, eff. 902), Sec. 357, Sec. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Possibility of community supervision. 3, eff. 900, Sec. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. If you have been arrested Schedule Your Added by Acts 1983, 68th Leg., p. 2812, ch. Sec. 1, eff. 1.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. He is the founder of The Benavides Law Group. Aggravated Assault with a Deadly Weapon: Texas Laws and Amended by Acts 1977, 65th Leg., p. 2067, 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. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 497, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2021. Start here to find criminal defense lawyers near you. 18, eff. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 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. Amended by Acts 1993, 73rd Leg., ch. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. 1, eff. Bail 734 (H.B. 1.01, eff. June 11, 2009. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. LEAVING A CHILD IN A VEHICLE. Jan. 1, 1974. 751 (H.B. Contact us at this DUI Lawyer Cost & Fees Website. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 3, eff. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the Penal Code 1.07, 22.01, 22.02 (2022).). 4, eff. 2908), Sec. 27.01, 31.01(68), eff. Texas Sexting Laws 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. His bail has been set at $100,000. 2, eff. September 1, 2021. (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. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. The penalty increases to a third-degree felony if it involves discharging a firearm. Can You Get a Bail Bond for a Felony Charge in Texas? Acts 2019, 86th Leg., R.S., Ch. 1, eff. 1, eff. 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. 284 (S.B. 2.08, eff. 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. 24, Sec. Acts 2007, 80th Leg., R.S., Ch. 1101, Sec. The offense becomes a first-degree felony when any of the following 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. WebA bail hearing is every defendants right. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (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. 1 to 3, eff. 685 (H.B. (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). WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. September 1, 2019. Added by Acts 2019, 86th Leg., R.S., Ch. September 1, 2005. 659, Sec. Lets give you an example of a bail bond amount. (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. 1549), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. Acts 2005, 79th Leg., Ch. 22.05. (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, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 15.02(b), eff. 1, eff. 1, eff. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. Aggravated Assault Bonds 900, Sec. (2) is committed against a public servant. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 2023 The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. Acts 2011, 82nd Leg., R.S., Ch. 788 (S.B. Acts 2019, 86th Leg., R.S., Ch. 1420, Sec. 22.09. (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. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, eff. 417, Sec. (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. Amended by Acts 1989, 71st Leg., ch. 819, Sec. 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.

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