(B) who otherwise 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. 3, eff. 135, Sec. What if the criminal mental state can be proven by the prosecutor? 46, eff. 1, eff. 34 (S.B. Added by Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 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. Acts 2015, 84th Leg., R.S., Ch. WebIn Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. 946), Sec. Sec. 497, Sec. Jan. 1, 1974. 1306), Sec. 719 (H.B. 1.01, eff. 361 (H.B. 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. Reenacted and amended by Acts 2005, 79th Leg., Ch. 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. (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. 1, eff. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 1808), Sec. 900, Sec. Acts 2005, 79th Leg., Ch. (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. ABANDONING OR ENDANGERING CHILD. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. August 1, 2005. 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. 22.012. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. 284(23) to (26), eff. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 334, Sec. (e) An offense under this section is a felony of the first degree. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 268 (S.B. Bail Has Been "Reformed" in Texas: What You 620, Sec. 15.02(a), eff. 1087, Sec. 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. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 366, Sec. 24, eff. 4, eff. September 1, 2009. 643), Sec. 5, eff. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. 687, Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. 1259), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Barnes remained in jail as of Monday, according to court records. For instance, they might promise to appear when summoned for trial. Search Texas Statutes. 16.003, eff. 2, eff. Victim is a public servant or security officer working in his or her line of duty. Acts 2005, 79th Leg., Ch. 467 (H.B. Aggravated Assault and Deadly Conduct in Texas 1, eff. 1095), Sec. (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. 318, Sec. 2066), Sec. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 (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. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. 1, eff. 900, Sec. 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. Acts 2017, 85th Leg., R.S., Ch. Was this reckless behavior under Texas criminal law? 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 436 (S.B. September 1, 2017. 1575), Sec. Added by Acts 1999, 76th Leg., ch. 399, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (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). Your permanent record will be negatively affected. 1, eff. September 1, 2005. In 2016 there were 72,609 reports of aggravated assault in Texas. His bail has been set at $100,000. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. 481, Sec. 620 (S.B. 22.12. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. Crimes & Punishment in Texas State Court After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. September 1, 2019. 11, eff. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Amended by Acts 1989, 71st Leg., ch. 2, eff. 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. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Examples: Aggravated perjury. 685 (H.B. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. 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. 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. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 900, Sec. September 1, 2015. Never believe anything you read on the internet, even if it is found on a law related blog. September 1, 2015. 1, eff. Sept. 1, 2003. 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. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Sept. 1, 1999; Acts 1999, 76th Leg., ch. According to Tex. Acts 2007, 80th Leg., R.S., Ch. 467 (H.B. 1101, Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. Acts 2019, 86th Leg., R.S., Ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. AGGRAVATED ASSAULT. 1038 (H.B. 21.002(14), eff. 155, 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. 915 (H.B. 2, eff. 2, eff. Here is where aggravated assault charges can get a little crazy. Aggravated Assault with a Deadly Weapon: Texas Laws and 495), Sec. 1, eff. 1, eff. 977, Sec. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. (Tex. 176), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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). knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. 1.01, eff. 282 (H.B. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. 1259), Sec. 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. 1286), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (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. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Typically, Aggravated Assault is charged as a Second or First Degree felony. 4170), Sec. 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. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 1.01, eff. September 1, 2021. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Texas Assault Charge: Simple & Aggravated Assault (2) uses or exhibits a deadly weapon during the commission of the assault. 620 (S.B. September 1, 2017. Aggravated assaultis normally a second-degree felony. 22.02. September 1, 2021. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. (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. 18, Sec. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to 1, eff. Sec. 543 (H.B. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Sept. 1, 1985; Acts 1987, 70th Leg., ch. INDECENT ASSAULT. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 22.10. What is a No Bill? 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. causes impairment of the function of a body part or organ. 2, eff. (Tex. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. 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. Acts 2011, 82nd Leg., R.S., Ch. 461 (H.B. 2, eff. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Penal Code 12.21, 12.34, 22.05 (2022).). 440 (H.B. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Causes impaired function or functional loss of a bodily organ or member. (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. Contact our office today for a free initial consultation and learn what options are available to you. 1.125(a), eff. Are the permanently disfigured? Acts 2007, 80th Leg., R.S., Ch. Aggravated assault is defined byTexas Statutes 22.01 and 22.02as such: intentionally, knowingly or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon in the course of committing anyassault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.. September 1, 2017. (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. 719 (H.B. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 739, Sec. 273 (H.B. 3, eff. 3, eff. 334, Sec. 139, Sec. 27, eff. Aggravated Assault Texas Jail Time, Punishment, Fines the Penalties for Aggravated Assault in Texas Jul 14, 2020. 1, eff. 904, Sec. Barnes remained in jail as of Monday, according to court records. (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. (2) is committed against a public servant. Sept. 1, 1983. He was originally indicted on five felony 1415, Sec. 2, eff. 900, Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 900, Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). An offense under Subsection (c) is a felony of the third degree. His bail has been set at $100,000. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 318, Sec. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 34 (S.B. 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. 29, eff. 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. (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. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 7, eff. 1, eff. In Texas, aggravated sexual assault is always a first-degree Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 1, eff. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 165, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 142, eff. APPLICABILITY TO CERTAIN CONDUCT. 2908), Sec. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 791, Sec. Amended by Acts 2003, 78th Leg., ch. 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. 22.09. 16, Sec. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1, eff. Acts 2017, 85th Leg., R.S., Ch. SEXUAL ASSAULT. 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. September 1, 2019. Texas Criminal Attorneys Taking Care of Texas Blawg. Acts 2019, 86th Leg., R.S., Ch. Do not delay. Acts 2009, 81st Leg., R.S., Ch. 1006, Sec. 1, eff. 417, Sec. 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! 2908), Sec. 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. 11, eff. 1286, Sec. 24), Sec. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 875 (H.B. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. (a) A person commits an offense if the person commits assault as defined in Sec. 260 (H.B. 284(32), eff. C.C.P. While states define and penalize aggravated assault differently, most punish these crimes (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.
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