knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 38, eff. 719 (H.B. (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. 623 (H.B. (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. 1259), Sec. Sec. 22.09. 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. 164, Sec. 1420, Sec. 12, 13, eff. 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. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 399, Sec. 788 (S.B. Acts 2009, 81st Leg., R.S., Ch. Do not delay. Acts 2015, 84th Leg., R.S., 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. Acts 2021, 87th Leg., R.S., Ch. 176), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 719 (H.B. 22.07. 1, 2, eff. His bail has been set at $100,000. In fact, after the expiration of the statute of limitations, you will be eligible to file a petition for expunction to have your aggravated assault arrest and charges permanently deleted from your criminal record. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. (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. 3, eff. 399, Sec. Sept. 1, 1983. 284 (S.B. 16.002, 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. (C) in discharging the firearm, causes serious bodily injury to any person. Here is where aggravated assault charges can get a little crazy. In the following 12, eff. 2552), Sec. 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. (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. Lets give you an example of a bail bond amount. (1) "Child" means a person 14 years of age or younger. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 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. Acts 2005, 79th Leg., Ch. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2015. 1, eff. Recklessness is acting with a conscious disregard to the results of that action. 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. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. 739, Sec. Lic.# 0022. September 1, 2009. 62, Sec. 202, Sec. (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. 165, Sec. 1, eff. 273 (H.B. 3607), Sec. (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. 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; WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). An offense under Subsection (b) is a felony of the third degree. 15.02(b), eff. September 1, 2017. September 1, 2009. September 1, 2015. Possibility of community supervision. September 1, 2005. 1, eff. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 662, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 4.02, eff. September 1, 2021. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Aug. 27, 1979; Acts 1993, 73rd Leg., 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. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 It can be classified as simple and aggravated assault. 14, Sec. September 1, 2021. 388, Sec. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to 904, Sec. Barnes remained in jail as of Monday, according to court records. 2240), Sec. September 1, 2019. Amended by Acts 1993, 73rd Leg., ch. 6.05, eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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). (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. Although the driver had no intention of hurting anyone, their actions were in conscious disregard to the risk and results that someone could be seriously injured. 361 (H.B. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 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. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1, eff. 11, eff. The offense becomes a first-degree felony when any of the following 1.01, eff. (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. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.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. 1.18, eff. 1, eff. 1, eff. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 366, Sec. 467 (H.B. (b) An offense under this section is a felony of the third degree. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. 788 (S.B. September 1, 2007. AIDING SUICIDE. September 1, 2019. Acts 2011, 82nd Leg., R.S., Ch. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. (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. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 7, eff. 584 (S.B. 3, eff. Sec. (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. 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 Jan. 1, 1974. 728 (H.B. 399, Sec. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. 1031, Sec. (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. Sec. September 1, 2019. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 543 (H.B. 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. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 91), Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 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. September 1, 2019. 268 (S.B. Sec. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. Lets take a look the statutory definition of the offense. Amended by Acts 1993, 73rd Leg., ch. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 2066), Sec. 260 (H.B. 1.01, eff. 1.01, eff. 620 (S.B. 22.10. (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). Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1306), Sec. 1575), Sec. 91), Sec. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. 91), Sec. 1306), Sec. 2018), Sec. Acts 2005, 79th Leg., Ch. 42A.051, 42A.102; Tex. 46, eff. 194), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 939, Sec. 417, Sec. September 1, 2017. 2018), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 4170), Sec. 22.012. 1415, Sec. The Texas Republican Party will decide Saturday whether to censure U.S. Rep. Tony Gonzales of San Antonio over his votes to uphold same-sex Scott Saunders Jr., the former mayor of Smithville, Texas, was arrested twice in 2021 on a total of five charges, including sexual assault of a LUBBOCK, Texas Jeffrey Hatton, 26, pleaded guilty Friday to aggravated sexual assault of a child. (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). (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. September 1, 2009. Amended by Acts 1987, 70th Leg., ch. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 623 (H.B. 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 27.01, 31.01(68), eff. a fine of up to $10,000. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. (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. 1, eff. 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. 91), Sec. 643), Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Acts 2007, 80th Leg., R.S., Ch. 1.01, eff. Examples include a firearm, hunting knife, rope, or even a baseball bat. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 553, Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Sept. 1, 1999. September 1, 2021. 1158, Sec. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. To be charged with Aggravated Assault, there must have been an actual physical injury. 2, eff. TAMPERING WITH CONSUMER PRODUCT. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 1038 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 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 (c) is a felony of the third degree. (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. September 1, 2005. 955 (S.B. Acts 2013, 83rd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of 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. 8), Sec. 436 (S.B. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 751 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 1 to 3, eff. 2, eff. We find many media outlets and reporters and bloggers wanting to quote his blog at EricBenavides.com or our blog at HoustonCriminalAttorney.us, and in order to further facilitate these media mentions, our owner has commissioned this 2nd legal blog here at TakingCareOfTexas.org. (B) the victim was a nondisabled or disabled child at the time of the offense. September 1, 2015. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. C.C.P. (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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 399, Sec. 791, Sec. 3, eff. 22.01. Bail for third-degree felonies is usually around $1,500 to $5,000. 1 (S.B. 22.06. 1, eff. 1, eff. Yes! 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1, eff. (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. (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. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2019. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. 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. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. DEADLY CONDUCT. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Bail jumping of a felony arrest. 1576), Sec. 1102, Sec. Your permanent record will be negatively affected. 2023 Intoxication assault. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 738 (H.B. 11, eff. 505 N Frazier St. Conroe , TX. (2) is committed against a public servant. Sept. 1, 1994. 461 (H.B. 900, Sec. September 1, 2007. 2908), Sec. Sec. 688), Sec. 164), Sec. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 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. 1, eff. In this case, they can still be released from jail. 3, eff. (1) "Family" has the meaning assigned by Section 71.003, Family Code. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 1087, Sec. 1, eff. 1, eff. Sept. 1, 1995; Acts 1997, 75th 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. 949 (H.B. 6, eff. 22.021. 8.139, eff. causes impairment of the function of a body part or organ. Victim is a public servant or security officer working in his or her line of duty. 1, eff. Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. In 2016 there were 72,609 reports of aggravated assault in Texas. (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. Texas Criminal Attorneys Taking Care of Texas Blawg. 268 (S.B. (8) a person the actor knows is pregnant at the time of the offense. Acts 2009, 81st Leg., R.S., Ch. Sec. How Much Is Bail for a Felony in Philadelphia? 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. Acts 2021, 87th Leg., R.S., 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. 1006, Sec. 436 (S.B. 900, Sec. 873 (S.B. Acts 2009, 81st Leg., R.S., Ch. Penal Code 12.42, 12.43 (2022).). (b) An offense under this section is a Class C misdemeanor. 481, Sec. 29), Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. A conviction can also result in monetary penalties, such as payment of fines and restitution. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. The fine for this felony can be a maximum of $1,500. 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. Jan. 1, 1974. That includes charges of physically touching the victim or issuing a threat. 4, eff. 665 (H.B. It includes Class C misdemeanors committed with deadly weapons. 528, Sec. 1, 2, eff. A Class A misdemeanor is the least serious of these charges. 2, eff. 461 (H.B. Added by Acts 1999, 76th Leg., ch. Bail percentages may be negotiable, so you should ask your bondsman. (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.
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