(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. 1, eff. 3, eff. September 1, 2017. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 573, Sec. 62, Sec. Amended by Acts 1993, 73rd Leg., ch. What if the criminal mental state can be proven by the prosecutor? Bail Acts 2007, 80th Leg., R.S., Ch. 1, eff. 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. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Assault on a Family Member In Texas (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. The penalties for assault on a family member can vary depending on what level of charge was brought against you. September 1, 2009. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Jan. 1, 1974. Sept. 1, 2003. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 4170), Sec. (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. 1, eff. (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. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 3, eff. 1 (S.B. Aggravated Assault is a serious crime under Texas law. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Sept. 1, 2003. Texas Criminal Attorneys Taking Care of Texas Blawg. 12, 13, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Broken bones or permanent scarring would be considered a serious bodily injury. In 2016 there were 72,609 reports of aggravated assault in Texas. Aggravated Assault Laws and Penalties (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. 4170), Sec. 497, Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Indecent exposure to a child. 900, Sec. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Acts 2019, 86th Leg., R.S., Ch. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. LEAVING A CHILD IN A VEHICLE. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. 1158, Sec. 1575), Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (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. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Sept. 1, 1994. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. An offense under Subsection (c) is a felony of the third degree. Contact us at this DUI Lawyer Cost & Fees Website. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Lets take a look the statutory definition of the offense. 3, eff. 1, eff. 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. 4, eff. WebA bail hearing is every defendants right. 1, eff. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 2, eff. September 1, 2007. 34 (S.B. 2023 1164), Sec. September 1, 2009. Sept. 1, 1994. It includes Class C misdemeanors committed with deadly weapons. 900, Sec. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 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 Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Acts 2011, 82nd Leg., R.S., Ch. 62, Sec. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 164, Sec. 2018), Sec. Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 2, eff. Penal Code 1.07, 22.01, 22.02 (2022).). Sept. 1, 1999. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Sec. 1, eff. 584 (S.B. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 INDECENT ASSAULT. Acts 2005, 79th Leg., Ch. Call today for afree case review. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES September 1, 2005. (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. Acts 2021, 87th Leg., R.S., Ch. 1, eff. arts. 896, Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Added by Acts 1983, 68th Leg., p. 5312, ch. (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. 1 to 3, eff. 16.002, eff. the Penalties for Aggravated Assault in Texas 977, Sec. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 1, eff. Acts 2005, 79th Leg., Ch. Jan. 1, 1974. (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. (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. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. Assault Family Violence Texas Punishment | Law Office of J. Barrett 1, eff. September 1, 2021. 1, eff. 1, eff. 784 (H.B. 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. 1008, Sec. 768), Sec. 361 (H.B. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. While states define and penalize aggravated assault differently, most punish these crimes For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 22.01 (Assault) and the person: (1) causes Acts 2019, 86th Leg., R.S., Ch. 91), Sec. Bowie County man, 30, accused of aggravated sexual assault of a Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, September 1, 2017. September 1, 2017. Aggravated Assault and Deadly Conduct in Texas 18, Sec. September 1, 2005. 273 (H.B. 3, eff. TERRORISTIC THREAT. 1.01, eff. In the following (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 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. 91), Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 467 (H.B. (1) "Child" means a person younger than 17 years of age. 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. 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. Do not delay. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. Amended by Acts 1979, 66th Leg., p. 367, ch. 1, eff. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). (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. 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. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 949 (H.B. Acts 2009, 81st Leg., R.S., Ch. (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. (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. (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. August 1, 2005. 2, Sec. Sept. 1, 1983. 788 (S.B. Sept. 1, 1985. September 1, 2021. Acts 2005, 79th Leg., Ch. 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. 34 (S.B. 162, Sec. Sec. 38, eff. Bail Has Been "Reformed" in Texas: What You 366, Sec. So, how much is bail for assault in Texas? Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 7, eff. Lets give you an example of a bail bond amount. There are various factors that influence the decision of the judge when setting the total bail bond amount. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. 1038 (H.B. 6, eff. 260 (H.B. 440 (H.B. Aggravated Assault Texas Jail Time, Punishment, Fines 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 3, eff. Texas Penal Code Section 22.02 - Aggravated Assault 155, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 22.10. Acts 2021, 87th Leg., R.S., 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. Harris County Bail Bonds - Houston Bail Bonds Sept. 1, 1994; Acts 2003, 78th Leg., ch. 549), Sec. Typically, Aggravated Assault is charged as a Second or First Degree felony. 76, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. This field is for validation purposes and should be left unchanged. Aggravated assault is normally a second-degree felony. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. September 1, 2005. (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. Texas Aggravated Woods Cross police officer charged with aggravated assault in (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 788 (S.B. 1, eff. 2, eff. 1, eff. 734 (H.B. Updated: September 28, 2021; Original post: June 7, 2018. Sec. Yes! (B) the victim was a nondisabled or disabled child at the time of the offense. Acts 2007, 80th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 728 (H.B. 79, Sec. 334, Sec. 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. APPLICABILITY TO CERTAIN CONDUCT. (1) "Family" has the meaning assigned by Section 71.003, Family Code. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 665 (H.B. 436 (S.B. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 24), Sec. 164), Sec. 900, Sec. Attempted Murder Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. Misdemeanor assault charge penalties in Texas. 904, Sec. 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. 318, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1, eff. It can be classified as simple and aggravated assault. (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. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. Amended by Acts 1977, 65th Leg., p. 2067, ch.