Jan. 1, 1974. 2, eff. Sec. September 1, 2009. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 939, Sec. Texas GOP may censure Tony Gonzales over votes on gay marriage, guns, At least 13 mayors arrested on child sex crimes since 2021 | Fox News, Man guilty of sexually abusing girl in Lubbock gets 25 years in prison - KLBK, causes serious bodily injury to another, including his or her spouse or, uses or exhibits a deadly weapon during the commission of an Assault. (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. (1) "Child" means a person younger than 17 years of age. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 467 (H.B. Added by Acts 1999, 76th Leg., ch. While states define and penalize aggravated assault differently, most punish these crimes Aggravated assault is a crime of violence. 688), Sec. September 1, 2017. 165, Sec. Examples: Aggravated perjury. Bail for third-degree felonies is usually around $1,500 to $5,000. Penal Code 12.42, 12.43 (2022).). 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. (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. Intoxication assault. (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. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. (Tex. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 481, Sec. 260 (H.B. 902), Sec. 22.012. (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 2007, 80th Leg., R.S., Ch. September 1, 2013. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 164, Sec. Acts 2021, 87th Leg., R.S., Ch. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (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. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2017. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. 14, Sec. Barnes remained in jail as of Monday, according to court records. 29), Sec. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. (Tex. (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. 1354), Sec. WebTwo to ten years in prison and possible fine not to exceed $10,000. 29), Sec. 900, Sec. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. September 1, 2005. (2) uses or exhibits a deadly weapon during the commission of the assault. Acts 2019, 86th Leg., R.S., Ch. (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 2021, 87th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Search Texas Statutes. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. A Class A misdemeanor is the least serious of these charges. Acts 2015, 84th Leg., R.S., Ch. 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. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 1, 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. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (B) the victim was a nondisabled or disabled child at the time of the offense. 1, eff. Contact our office today for a free initial consultation and learn what options are available to you. (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. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sec. 8.139, eff. 194), Sec. September 1, 2009. (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. (b) An offense under this section is a Class A misdemeanor. 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. 202, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 273 (H.B. 900, Sec. Amended by Acts 1989, 71st Leg., ch. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. Escape from felony custody. 282 (H.B. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 62, Sec. 655, Sec. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 2, eff. September 1, 2015. 10, eff. 223, Sec. September 1, 2005. 22.021. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. 1.01, eff. Acts 2015, 84th Leg., R.S., 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. 497, Sec. 2, eff. Texas Sexting Laws Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1808), Sec. Acts 2011, 82nd Leg., R.S., Ch. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 7, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 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. 187 (S.B. (8) a person the actor knows is pregnant at the time of the offense. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. 1, eff. 1, eff. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 1, eff. 1158, Sec. 440 (H.B. 461 (H.B. 1, eff. September 1, 2015. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 4.02, eff. (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 2017, 85th Leg., R.S., Ch. 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; However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Acts 2005, 79th Leg., Ch. Sept. 1, 2001. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Anywhere between $5,000 and $50,000 is a reasonable range. 399, Sec. That includes charges of physically touching the victim or issuing a threat. Start here to find criminal defense lawyers near you. Typically, Aggravated Assault is charged as a Second or First Degree felony. September 1, 2017. (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. 91), Sec. Yes! Acts 1973, 63rd Leg., p. 883, ch. 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. September 1, 2017. Bail jumping of a felony arrest. September 1, 2007. Sept. 1, 1994; Acts 2003, 78th Leg., ch. A grand jury no bill is the equivalent of a dismissal. 1, eff. Acts 2009, 81st Leg., R.S., 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. 791, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 977, Sec. 620, Sec. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. 1420, Sec. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 784 (H.B. 38, eff. 91), Sec. 3, eff. 900, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (2) uses or exhibits a deadly weapon during the commission of the assault. 553, Sec. 1, eff. 1576), Sec. Aggravated assaultis normally a second-degree felony. 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. An offense under Subsection (b) is a felony of the third degree. September 1, 2017. Sept. 1, 2003. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Lets give you an example of a bail bond amount. 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. 184), Sec. 3019), Sec. 1006, Sec. 1, eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Punishment for Assault. Amended by Acts 1987, 70th Leg., ch. INDECENT ASSAULT. Acts 2019, 86th Leg., R.S., Ch. AGGRAVATED ASSAULT. Sec. 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). (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). WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. Added by Acts 1984, 68th Leg., 2nd C.S., ch. September 1, 2005. 719 (H.B. 21.001(39), eff. September 1, 2019. 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. 2 min read. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) 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. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. Lets break down the parts of that definition. 2.04, eff. 900, Sec. 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. 361 (H.B. 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. 1.01, eff. 19, eff. 900, Sec. Yes! 2, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 29, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 6.05, eff. 1, 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. 688), Sec. Acts 2011, 82nd Leg., R.S., Ch. Sec. 3019), Sec. September 1, 2007. 2066), Sec. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. (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. 2, eff. 1.01, eff. 22.04. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 1019, Sec. Acts 2005, 79th Leg., Ch. 739, Sec. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. Acts 2019, 86th Leg., R.S., Ch. 2908), Sec. (Tex. 8), Sec. September 1, 2017. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 1, eff. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. 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. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 1, eff. St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after 1.01, eff. 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. 1306), Sec. 79, Sec. 459, Sec. (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. 1.01, eff. In this case, they can still be released from jail. 949 (H.B. (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.
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