1, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. The penalty increases to a third-degree felony if it involves discharging a firearm. 900, 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. 3, eff. 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! Sec. Acts 2017, 85th Leg., R.S., Ch. (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. This field is for validation purposes and should be left unchanged. Added by Acts 1999, 76th Leg., ch. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 1, 2, eff. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 14, Sec. Acts 2017, 85th Leg., R.S., Ch. 33, eff. September 1, 2015. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Here is where aggravated assault charges can get a little crazy. 79, Sec. There are various factors that influence the decision of the judge when setting the total bail bond amount. 2018), Sec. 184), Sec. Acts 2007, 80th 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. 1 to 3, eff. Lets take a look the statutory definition of the offense. 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. Acts 2017, 85th Leg., R.S., Ch. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, 768), Sec. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 2, eff. (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. 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. September 1, 2017. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. A grand jury no bill is the equivalent of a dismissal. 1, eff. 1259), 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. 1, eff. Anywhere between $5,000 and $50,000 is a reasonable range. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to Broken bones or permanent scarring would be considered a serious bodily injury. 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. 284 (S.B. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. 1031, 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. 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. 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. 1575), Sec. Punishment for Assault. 461 (H.B. Contact us at this DUI Lawyer Cost & Fees Website. 22.10. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. (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. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. (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. (Tex. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person (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. 5, eff. 436 (S.B. Sept. 1, 2003. 22.012. 1286), Sec. An offense under Subsection (b) is a felony of the third degree. 1, eff. 1.01, eff. (c) 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. Acts 2005, 79th Leg., Ch. 14.829, eff. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. 2908), Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. Your attorney will advise you on the best options available to fight back against your charges. 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. 2, eff. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 2 min read. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 361 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 459, Sec. Assault against someone who reported a crime, an informant, or a witness. Acts 1973, 63rd Leg., p. 883, ch. (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. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. His bail has been set at $100,000. Sept. 1, 2003. 705), Sec. 7, eff. 27.01, eff. (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. 155, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2005, 79th Leg., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 3, eff. Sept. 1, 2003. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Indecent exposure to a child. 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 (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. 549), Sec. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. He is the founder of The Benavides Law Group. 1, eff. September 1, 2007. Sept. 1, 1997; Acts 1999, 76th Leg., ch. While states define and penalize aggravated assault differently, most punish these crimes Jan. 1, 1974. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. 573, Sec. 1019, Sec. 7, eff. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 1, eff. DEADLY CONDUCT. INDECENT ASSAULT. 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. Amended by Acts 1993, 73rd Leg., ch. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. An offense under Subsection (c) is a felony of the third degree. 28, eff. 4170), Sec. 22.021. Sec. That includes charges of physically touching the victim or issuing a threat. 12, eff. 1, 2, eff. 334, Sec. Sept. 1, 1999. According to Tex. Acts 2017, 85th Leg., R.S., Ch. TERRORISTIC THREAT. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). 620, 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. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. 643), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 543 (H.B. Sept. 1, 2003. 91), Sec. 900, Sec. 739, Sec. 4170), Sec. 3, eff. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 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. 284(23) to (26), eff. 1029, Sec. 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. 366, Sec. 1, eff. Recklessness is acting with a conscious disregard to the results of that action. 1, eff. (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. (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. (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. 76, Sec. 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 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. Lets give you an example of a bail bond amount. 1019, Sec. 1008, Sec. To act intentionally means to act in such a way that it is your conscious objective or desire to engage in the conduct or cause the result. In other words, someone that picks up a weapon and points it directly at another person and pulls the trigger acted with a conscious desire to cause the result of the person being injured by the weapon. 2240), Sec. 1, eff. 46, eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. September 1, 2009. September 1, 2005. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 1 to 3, eff. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (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. 1, eff. (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. (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. 822, Sec. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 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. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1995, 74th Leg., ch. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 2023 Sec. 1, eff. This month we feature Eric Benavides a criminal attorney in Houston, Texas. A conviction can also result in monetary penalties, such as payment of fines and restitution. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Second-degree felony charge result in a maximum of 20 years in prison. 1, eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 318, Sec. 3, eff. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. 1, eff. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. 2018), Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 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. (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. 1, eff. 399, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 2, eff. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). Aggravated Assault is a serious crime under Texas law. Penal Code 1.07, 22.01, 22.02 (2022).). 584 (S.B. 8), Sec. 557, Sec. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 19, eff. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. The offense becomes a first-degree felony when any of the following 1286, Sec. Amended by Acts 1993, 73rd Leg., ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. Acts 2009, 81st Leg., R.S., Ch. 553, Sec. 809, Sec. 22.01 (Assault) and the person: (1) causes
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