Sept. 1, 2001. 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 September 1, 2017. 1, eff. (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. Updated: September 28, 2021; Original post: June 7, 2018. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. Sept. 1, 2003. To be charged with Aggravated Assault, there must have been an actual physical injury. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Acts 2015, 84th Leg., R.S., Ch. 22.08. September 1, 2009. (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. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 1259), Sec. 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. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. 29, eff. 223, Sec. Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 284 (S.B. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. 467 (H.B. WebA bail hearing is every defendants right. 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. 2, Sec. How Much is Bail for Assault in Texas? - Bail Agent Network September 1, 2005. 14, Sec. (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. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2007. 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. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. TAMPERING WITH CONSUMER PRODUCT. 1.01, eff. Bail percentages may be negotiable, so you should ask your bondsman. 1158, Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 187 (S.B. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (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. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. 334, Sec. 139, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Bail jumping of a felony arrest. 573, Sec. It can be classified as simple and aggravated assault. 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). (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. 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. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. Examples: Aggravated perjury. This The attorney listings on this site are paid attorney advertising. Aug. 27, 1979; Acts 1993, 73rd Leg., 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. Yes! HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Amended by Acts 1993, 73rd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. His bail has been set at $100,000. 1, eff. Amended by Acts 1989, 71st Leg., ch. 5, eff. 334, Sec. So, how much is bail for assault in Texas? 318, Sec. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Sept. 1, 2003; Acts 2003, 78th Leg., ch. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. Sec. Lets break down the parts of that definition. As you can see from the examples above, there can be times when there is very little evidence to establish an arrest for aggravated assault deadly weapon. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (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. 620 (S.B. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3, eff. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 461 (H.B. Sec. 840 (H.B. 1.01, eff. Possibility of community supervision. 1.01, eff. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. 1.01, eff. 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. Acts 2009, 81st Leg., R.S., Ch. 7, eff. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 3, 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. Texas Criminal Attorneys Taking Care of Texas Blawg. 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. 784 (H.B. 2, eff. He is the founder of The Benavides Law Group. 688), Sec. CLICK HERE FOR TITLE OR CONTRACT BONDS. 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. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorneys Office experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. 2, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 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. C.C.P. 1164), Sec. 1 to 3, eff. September 1, 2013. When the conduct is engaged in recklessly, the offense is a state jail felony. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 24, eff. 1, eff. 977, Sec. 1, eff. 1, eff. 4170), Sec. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 557, Sec. 318, Sec. (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. 461 (H.B. September 1, 2021. 366, Sec. 1, eff. Punishment for Assault. (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). 739, Sec. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. 417, Sec. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. (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. Woman accused of killing terminally ill husband in hospital released Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. 1028, Sec. (Tex. (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. 1, eff. 900, Sec. Aggravated assaultis normally a second-degree felony. 8.139, eff. Penal Code 12.21, 12.34, 22.05 (2022).). Acts 2011, 82nd Leg., R.S., Ch. 1306), Sec. 543 (H.B. (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. Added by Acts 1983, 68th Leg., p. 5312, ch. Acts 2017, 85th Leg., R.S., Ch. aggravated Acts 2017, 85th Leg., R.S., Ch. WebTexas Penal Code Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2019. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 977, Sec. September 1, 2005. Acts 2005, 79th Leg., Ch. 977, Sec. (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. (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. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. Harris County Bail Bonds - Houston Bail Bonds 1, eff. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? In 2016 there were 72,609 reports of aggravated assault in Texas. 202, Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. In Texas, aggravated sexual assault is always a first-degree For example, were they permanently crippled? 1, eff. 1, eff. September 1, 2021. Aggravated Assault Texas Jail Time, Punishment, Fines (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. June 11, 2009. 3, eff. 22.12. 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. 593 (H.B. Acts 1973, 63rd Leg., p. 883, ch. (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. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 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. 1, eff. 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. 79, Sec. Acts 2019, 86th Leg., R.S., Ch. 900, Sec. AGGRAVATED SEXUAL ASSAULT. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. September 1, 2017. 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. Acts 2015, 84th Leg., R.S., Ch. 900, Sec. He was originally indicted on five felony Penal Code Ann. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. (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. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. While states define and penalize aggravated assault differently, most punish these crimes Sept. 1, 1983. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 18, eff. 11, eff. 194), Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Sept. 1, 1994. Sept. 1, 2003. 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. 1286, Sec. 528, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 28, eff. A No Bill is the equivalent of a dismissal of your aggravated assault charges. 294, Sec. September 1, 2019. (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. 719 (H.B. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 440 (H.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 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. (b) An offense under this section is a Class A misdemeanor. 1808), Sec. September 1, 2009. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. September 1, 2021. A capital felony includes espionage, treason, or premeditated murder. 2, eff. Acts 2005, 79th Leg., Ch. Aggravated Assault is a serious crime under Texas law. September 1, 2017. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. 1, eff. 162, Sec. 10, eff. Are the permanently disfigured? In some states, the information on this website may be considered a lawyer referral service. Sept. 1, 2003. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. 2066), Sec. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 1, eff. Jan. 1, 1974. Sec. 620, Sec. 22.06. Acts 2017, 85th Leg., R.S., Ch. How Much Is Bail for a Felony in Philadelphia? 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 685 (H.B. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. What if the criminal mental state can be proven by the prosecutor? (f) An offense under Subsection (c) is a state jail felony. September 1, 2009. Sec. 481, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Sept. 1, 1994. 2.04, eff. 5, eff. 1, eff. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 1, eff. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. Jan. 1, 1974. 1576), Sec. 24), Sec. September 1, 2007. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. 1019, Sec. 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. 2023 Added by Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 873 (S.B. Here is where aggravated assault charges can get a little crazy. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. An offense under Subsection (b) is a felony of the third degree. 427 (H.B. 1, 2, eff. 734 (H.B. 1286), Sec. Sept. 1, 1994. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Yes! 2, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Contact us at this DUI Lawyer Cost & Fees Website. 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. September 1, 2017. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. 34 (S.B. 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. 15.02(b), eff. 1549), Sec. 1, eff. Amended by Acts 1977, 65th Leg., p. 2067, ch. 915 (H.B. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Sept. 1, 1997; Acts 1999, 76th Leg., ch. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. Texas Sex Offenses 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. 33, eff. Acts 2017, 85th Leg., R.S., Ch.