22.07. Texas Criminal Attorneys Taking Care of Texas Blawg. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 38, eff. This (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Added by Acts 1983, 68th Leg., p. 2812, ch. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. Yes! September 1, 2011. Sept. 1, 1991; Acts 1993, 73rd Leg., 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 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. Lic.# 0022. Search Texas Statutes. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. Sec. 1259), Sec. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 557, Sec. 22.08. 6, eff. 1.01, eff. 3, eff. 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. 1576), Sec. Can You Get a Bail Bond for a Felony Charge in Texas? 1, eff. 2, eff. Reenacted and amended by Acts 2005, 79th Leg., Ch. (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. 1 to 3, eff. September 1, 2005. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 176), Sec. 1, eff. 11, eff. causes impairment of the function of a body part or organ. Texas Penal Code 1.07(46) defines serious bodily injury as follows: Texas Penal Code Section 1.07(17) defines a deadly weapon as: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. In the following 27.01, 31.01(68), eff. Lets take a look the statutory definition of the offense. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 2552), Sec. 79, Sec. 29, eff. (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. 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. His bail has been set at $100,000. Acts 2005, 79th Leg., Ch. 399, Sec. 1286, Sec. (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. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. 2.04, eff. 24, Sec. 875 (H.B. 7, eff. 436 (S.B. 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. 2, eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. The offense becomes a first-degree felony when any of the following 76, Sec. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 3, eff. 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. To be charged with Aggravated Assault, there must have been an actual physical injury. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1087, Sec. Aggravated assaultis normally a second-degree felony. 34 (S.B. (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. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. A Class A misdemeanor is the least serious of these charges. (1) "Child" has the meaning assigned by Section 22.011(c). Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 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. Sec. Acts 1973, 63rd Leg., p. 883, ch. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Acts 1973, 63rd Leg., p. 883, ch. 687, Sec. 1, eff. September 1, 2019. 46, eff. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 4, eff. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. September 1, 2015. September 1, 2005. September 1, 2019. 2, eff. 22.01. Jan. 1, 1974. 553, Sec. Possibility of community supervision. 1.01, eff. 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. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 791, Sec. 604, Sec. June 11, 2009. September 1, 2005. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sec. In this case, they can still be released from jail. 1576), Sec. 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.. Acts 2021, 87th Leg., R.S., Ch. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 18, eff. 1, eff. (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. 33, eff. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 543 (H.B. 2589), Sec. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (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. For instance, they might promise to appear when summoned for trial. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (b) An offense under this section is a Class A misdemeanor. 284 (S.B. (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. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. September 1, 2017. September 1, 2005. 1.18, eff. 3, eff. 8.139, eff. Examples include a firearm, hunting knife, rope, or even a baseball bat. September 1, 2019. September 1, 2019. 5, eff. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 2, eff. Amended by Acts 1993, 73rd Leg., ch. 399, Sec. (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. Aggravated Assault is a serious crime under Texas law. Jan. 1, 1974. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 751 (H.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. 873 (S.B. 768), Sec. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. Under Texas law, you can be charged with Aggravated Assault if you exhibited a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Lets break down the parts of that definition. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 3, eff. 3607), Sec. Acts 2005, 79th Leg., Ch. 22.04. 1, eff. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Sept. 1, 1999; Acts 1999, 76th Leg., ch. The estimated bail amount in such cases can be more than $500,000. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 1, eff. 440 (H.B. 334, Sec. WebTwo to ten years in prison and possible fine not to exceed $10,000. 719 (H.B. 3, eff. 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. 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. 1.01, eff. 1.01, eff. 14.829, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. 22.10. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. 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. (2) "Spouse" means a person who is legally married to another. 8), Sec. 623 (H.B. 1.125(a), eff. 294, Sec. September 1, 2005. 1549), 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. 955 (S.B. 29), Sec. 1, 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. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 528, Sec. 399, Sec. Sept. 1, 1983. 1, eff. 1, eff. Examples: Aggravated perjury. September 1, 2021. 2, eff. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 3019), Sec. ASSAULT. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Webyou committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didnt specifically intend to kill anyone) A minimum of 2 and a maximum of 20 years in state prison; and/or. Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. 2, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 22.012. September 1, 2007. 260 (H.B. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. Texas Sexting Laws (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. 1, eff. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 2, eff. (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. 1259), Sec. Acts 2009, 81st Leg., R.S., Ch. 139, Sec. Nothing on this website should be considered valid legal advice, nor is it intended to be. (1) "Child" means a person younger than 17 years of age. September 1, 2005. 1102, Sec. Sept. 1, 2003. (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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 705), Sec. Sec. arts. Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. WebA bail hearing is every defendants right. 667), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Amended by Acts 1979, 66th Leg., p. 367, ch. 1038 (H.B. TAMPERING WITH CONSUMER PRODUCT. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Sept. 1, 1983. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. They may be afraid that if they do not claim you placed them in fear for their life, they may get arrested and face similar criminal charges. 549), 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 (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. 900, Sec. 2, eff. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 822, Sec. (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (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). Sept. 1, 1997; Acts 1999, 76th Leg., ch. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 1.01, eff. 688), Sec. (1) "Child" means a person 14 years of age or younger. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. September 1, 2017. CLICK HERE FOR TITLE OR CONTRACT BONDS. 655, Sec. September 1, 2021. 318, Sec. 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 The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. Acts 2009, 81st Leg., R.S., Ch. Sec. April 14, 1987; Acts 1987, 70th Leg., ch. 1029, Sec. 2.017, eff. 1, eff. 6, eff. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. (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. (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. September 1, 2011. 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. Typically, Aggravated Assault is charged as a Second or First Degree felony. (e) An offense under this section is a felony of the first degree. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. 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. (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). Amended by Acts 1985, 69th Leg., ch. What is a No Bill? (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.