Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 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. 2240), Sec. Texas Sexting Laws September 1, 2007. Sept. 1, 1995; Acts 1997, 75th Leg., 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. 6, eff. Nothing on this website should be considered valid legal advice, nor is it intended to be. (B) the victim was a nondisabled or disabled child at the time of the offense. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 949 (H.B. 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. Sept. 1, 2003. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. (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) "Family" has the meaning assigned by Section 71.003, Family Code. 76, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 495), Sec. 1, eff. 7, eff. (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. 22.08. 705), Sec. Sec. 1.01, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 1973, 63rd Leg., p. 883, 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. 16.002, eff. (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. 388, Sec. 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. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Bail percentages may be negotiable, so you should ask your bondsman. Anywhere between $5,000 and $50,000 is a reasonable range. 399, Sec. 5, eff. 1, eff. Sept. 1, 2003. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. 1, eff. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 318, Sec. 497, Sec. 461 (H.B. 18, Sec. 273, Sec. 399, Sec. 2, eff. (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. (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. Sec. A conviction can also result in monetary penalties, such as payment of fines and restitution. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 939, Sec. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the third degree. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 900, Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 22.021. Jan. 1, 1974. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Call today for afree case review. (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. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. Your attorney will advise you on the best options available to fight back against your charges. This Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. 467 (H.B. 1, eff. If youve been charged with a crime, call us today. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. 16.003, eff. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost (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). 1019, Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (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. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 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. Texas Criminal Attorneys Taking Care of Texas Blawg. 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 900, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 357, Sec. 22.01 (Assault) and the person: (1) causes 1354), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 15.02(a), eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. Sec. September 1, 2005. 1, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Sec. 1, eff. (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. 1549), Sec. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. The punishment must be a minimum term of 25 years in two circumstances: The offender sexually assaulted a child younger than 6 years of age. 446, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 33, eff. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 739, Sec. Sept. 1, 2001. Examples: Aggravated perjury. 399, Sec. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. September 1, 2019. In Texas, a person who threatens, causes, or recklessly places another at risk of serious bodily injury can face charges of aggravated assault or deadly conductboth of which carry felony penalties and the possibility of prison time. 1038 (H.B. 1, eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and If you have been arrested Schedule Your 2, eff. 34, eff. 900, Sec. (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. Sec. 24, eff. 1031, Sec. Escape from felony custody. 620 (S.B. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 268 (S.B. 318, Sec. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1985. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 2018), Sec. 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. 6), Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 1, eff. Sec. In the following 1, eff. (a) A person commits an offense if the person commits assault as defined in Sec. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2005. It is a finding that establishes you have been exonerated of the charges and provides the opportunity to have your criminal case file and arrest expunged from your criminal record. AIDING SUICIDE. 24, Sec. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 685 (H.B. 135, Sec. Acts 2005, 79th Leg., Ch. 1306), Sec. 22.10. 1.01, eff. Acts 2009, 81st Leg., R.S., Ch. 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. Penal Code 12.42, 12.43 (2022).). WebTwo to ten years in prison and possible fine not to exceed $10,000. 3, eff. (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. September 1, 2011. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. Lets break down the parts of that definition. 1.01, eff. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. 2, eff. 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. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 142, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 427 (H.B. September 1, 2019. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (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. Jan. 1, 1974. 165, Sec. 155, Sec. So, how much is bail for assault in Texas? September 1, 2009. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. September 1, 2021. Indecent exposure to a child. 2, eff. (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. 29), Sec. 2908), Sec. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Never believe anything you read on the internet, even if it is found on a law related blog. 1.01, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1, eff. 2, eff. 162, Sec. Your permanent record will be negatively affected. AGGRAVATED SEXUAL ASSAULT. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) 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, or 21.11 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; and. 1, eff. Possibility of community supervision. When the conduct is engaged in recklessly, the offense is a state jail felony. A Class A misdemeanor is the least serious of these charges. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to 5, eff. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 643), Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 1, eff. 1576), Sec. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 3, eff. 436 (S.B. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 202, Sec. Acts 2019, 86th Leg., R.S., Ch. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 1286), Sec. 38, eff. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 1, 2, eff. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. 14, Sec. (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. 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. Added by Acts 1983, 68th Leg., p. 2812, ch. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. Punishment for Assault. Acts 2005, 79th Leg., Ch. (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. 5, eff. April 14, 1987; Acts 1987, 70th Leg., ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. 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. Let us start building your defense. Aggravated Assault is a serious crime under Texas law. (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. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. 1, eff. 16, Sec. 91), Sec. Acts 2005, 79th Leg., Ch. (2021). (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Oct. 2, 1984. He is the founder of The Benavides Law Group. 549), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Search Texas Statutes. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. September 1, 2017. 34 (S.B. How Much Is Bail for a Felony in Philadelphia? Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 1306), Sec. Acts 2021, 87th Leg., R.S., Ch. 1028, Sec. (C) the victim is an elderly individual or a disabled individual. Added by Acts 1984, 68th Leg., 2nd C.S., ch. September 1, 2011. 22.12. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 1306), Sec. Acts 2021, 87th Leg., R.S., Ch. 334, Sec. ASSAULT. Was this reckless behavior under Texas criminal law? June 11, 2009. 165, Sec. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 819, Sec. 662, 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. 946), Sec. 184), Sec. Acts 2017, 85th Leg., R.S., Ch. 3019), Sec. Acts 2021, 87th 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. 977, Sec. (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. 21.001(39), eff. 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. Updated: September 28, 2021; Original post: June 7, 2018. (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. 284(23) to (26), eff. 6), 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. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1999. 1, eff. C.C.P. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. September 1, 2017. What if the criminal mental state can be proven by the prosecutor? 977, Sec. 665 (H.B. 687, Sec. Intoxication assault. CLICK HERE FOR TITLE OR CONTRACT BONDS. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Sept. 1, 1981; Acts 1989, 71st Leg., ch. To be charged with Aggravated Assault, there must have been an actual physical injury. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. September 1, 2019. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 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.