1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. APPLICABILITY TO CERTAIN CONDUCT. 2, eff. 1019, Sec. 268 (S.B. (b) An offense under this section is a felony of the third degree. 728 (H.B. Aggravated assault is a crime of violence. September 1, 2021. 623 (H.B. 593 (H.B. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 202, Sec. 91), Sec. A capital felony includes espionage, treason, or premeditated murder. 14, Sec. (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. 528, Sec. 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) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. Amended by Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. (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. 22.01 (Assault) and the person: (1) causes Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 955 (S.B. Nothing on this website should be considered valid legal advice, nor is it intended to be. 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. Escape from felony custody. September 1, 2005. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 1259), Sec. 553, Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. Second-degree felony charge result in a maximum of 20 years in prison. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. Sec. 76, Sec. An offense under Subsection (c) is a felony of the third degree. 6, eff. Sept. 1, 2003. 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. 915 (H.B. (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. Typically, Aggravated Assault is charged as a Second or First Degree felony. 34 (S.B. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. 594 (H.B. Amended by Acts 1989, 71st Leg., ch. September 1, 2017. Misdemeanor assault charge penalties in Texas. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 273 (H.B. Call today for afree case review. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 4, eff. 1, eff. 388, Sec. 3019), Sec. 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. 8.139, eff. (C) in discharging the firearm, causes serious bodily injury to any person. Examples: Aggravated perjury. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 18, Sec. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. September 1, 2017. As a practical matter, the grand jury reviews cases and, if they have the opportunity to hear both sides of what took place, they may come to a different conclusion than the police and the alleged victim. 739, Sec. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 768), Sec. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Jan. 1, 1974. Sept. 1, 1983. September 1, 2017. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Acts 2017, 85th Leg., R.S., 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. 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. (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. Texas Aggravated 1, 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. 22.021. 260 (H.B. (1) "Family" has the meaning assigned by Section 71.003, Family Code. If you have been arrested Schedule Your In Texas, a person who threatens, causes, or recklessly places another at risk of serious bodily injury can face charges of aggravated assault or deadly conductboth of which carry felony penalties and the possibility of prison time. 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. Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2019. CLICK HERE FOR TITLE OR CONTRACT BONDS. 165, Sec. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Woods Cross police officer charged with aggravated assault in AGGRAVATED ASSAULT. 427 (H.B. 1.01, eff. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 440 (H.B. Texas Sex Offenses Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Causes impaired function or functional loss of a bodily organ or member. 2, eff. (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. 34, 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. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 11, eff. (2) not attended by an individual in the vehicle who is 14 years of age or older. 1, eff. 260 (H.B. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 1, eff. 361 (H.B. 1, 2, eff. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. 819, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 15.02(a), eff. (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. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 788 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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). The fine for this felony can be a maximum of $1,500. 1286), Sec. 3, eff. Jan. 1, 1974. Are the permanently disfigured? 738 (H.B. Sec. 1164), Sec. Penal Code 12.21, 12.34, 22.05 (2022).). Sometimes a person can be released on their own recognizance without posting bail. How Much Is Bail for a Felony in Philadelphia? (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. 2, eff. 4.02, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 3607), Sec. Contact our office today for a free initial consultation and learn what options are available to you. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (1) "Child" means a person younger than 17 years of age. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Texas Sexting Laws Bowie County man, 30, accused of aggravated sexual assault of a 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. Reenacted and amended by Acts 2005, 79th Leg., Ch. 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. 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. 557, Sec. 977, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. 1, eff. 2, eff. (2) is committed against a public servant. 1.01, eff. 900, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 620 (S.B. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. September 1, 2009. Victim is a public servant or security officer working in his or her line of duty. 1, eff. WebA bail hearing is every defendants right. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. ABANDONING OR ENDANGERING CHILD. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (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). 24, eff. ASSAULT. (d) The defense provided by Section 22.011(d) applies to this section. 1286, Sec. 2908), Sec. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. 549), Sec. 573, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. Penal Code 12.33, 12.32, 22.02 (2022).). 3, eff. 334, Sec. 2066), Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. September 1, 2013. 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. September 1, 2015. 33, eff. September 1, 2009. In the following Amended by Acts 1977, 65th Leg., p. 2067, ch. 2, eff. What to Expect after Getting a Texas Assault Charge 977, Sec. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. (Tex. 1415, Sec. (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. 461 (H.B. 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. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 1.01, eff. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. September 1, 2021. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 24, Sec. Penal Code 1.07, 22.01, 22.02 (2022).). 284 (S.B. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. 318, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. Amended by Acts 1993, 73rd Leg., ch. 543 (H.B. 1.125(a), eff. INDECENT ASSAULT. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. Acts 2019, 86th Leg., R.S., Ch. 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. September 1, 2011. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 22.02. Feb. 1, 2004. (a) A person commits an offense if the person commits assault as defined in Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Lets take a look the statutory definition of the offense. Sept. 1, 2003; Acts 2003, 78th Leg., ch. a fine of up to $10,000. Sept. 1, 2003. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, 620, Sec. (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. 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. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and Acts 2021, 87th Leg., R.S., Ch. 1, eff. September 1, 2015. 1101, Sec. 1006, Sec. September 1, 2007. 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). 284(23) to (26), eff. Aggravated Assault Bonds Houston | Access Bonding Service PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES September 1, 2017. 728 (H.B. 2.017, eff. Intoxication assault. 530, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. 6, eff. 2, eff. 1, eff. 481, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1306), Sec. 734 (H.B. Attempted Murder Acts 1973, 63rd Leg., p. 883, ch. (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. 139, Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Examples include a firearm, hunting knife, rope, or even a baseball bat. 318, Sec. 22.01. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 2018), Sec. Assault against someone who reported a crime, an informant, or a witness. September 1, 2005. (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). 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. Sec. 91), Sec. 361 (H.B. Jail Time Will You Serve for an Assault Charge in Texas (Tex. 1028, Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 505 N Frazier St. Conroe , TX. Sec. Amended by Acts 1979, 66th Leg., p. 367, ch. 16.002, eff. September 1, 2011. 2908), Sec. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.