1286), Sec. 6), Sec. 1, 2, eff. 604, Sec. 3, eff. (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. 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). 22.06. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. September 1, 2015. September 1, 2009. Broken bones or permanent scarring would be considered a serious bodily injury. Aggravated assault is a crime of violence. 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. Lets take a look the statutory definition of the offense. 788 (S.B. Penal Code 1.07, 22.01, 22.02 (2022).). 2589), Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 620 (S.B. WebTwo to ten years in prison and possible fine not to exceed $10,000. (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. 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. A Class A misdemeanor is the least serious of these charges. Call today for afree case review. Bail jumping of a felony arrest. 22.05. September 1, 2011. 719 (H.B. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. 900, Sec. 593 (H.B. 2, eff. 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 2005, 79th Leg., Ch. 900, Sec. 6, eff. Sec. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. AGGRAVATED SEXUAL ASSAULT. September 1, 2007. Search Texas Statutes. 688), Sec. 1, eff. 76, 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. 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. 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; (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 977, Sec. September 1, 2019. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. (2) "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. Acts 2019, 86th Leg., R.S., Ch. September 1, 2015. 46, eff. (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. 12, 13, eff. 2.08, eff. Aggravated assaultis normally a second-degree felony. Sept. 1, 1997; Acts 1997, 75th Leg., 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. WebTexas Penal Code Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 19, eff. Jan. 1, 1974. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1, eff. 1, eff. 164, Sec. 1.01, eff. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 3, eff. 1, 2, eff. September 1, 2021. 1808), Sec. June 11, 2009. 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. September 1, 2005. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. September 1, 2019. (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. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Jan. 1, 1974. September 1, 2009. Amended by Acts 1989, 71st Leg., ch. CLICK HERE FOR TITLE OR CONTRACT BONDS. September 1, 2021. Sept. 1, 1997; Acts 1999, 76th Leg., ch. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 2, eff. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. 2018), Sec. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 873 (S.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. 318, Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 688), Sec. 2.04, eff. 34 (S.B. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. (Tex. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 436 (S.B. 878, Sec. If you have been arrested Schedule Your To act intentionally means to act in such a way that it is your conscious objective or desire to engage in the conduct or cause the result. In other words, someone that picks up a weapon and points it directly at another person and pulls the trigger acted with a conscious desire to cause the result of the person being injured by the weapon. 788 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Feb. 1, 2004. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (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). The penalties for assault on a family member can vary depending on what level of charge was brought against you. 2908), Sec. Start here to find criminal defense lawyers near you. 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. Nothing on this website should be considered valid legal advice, nor is it intended to be. 260 (H.B. 440 (H.B. 4.02, eff. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. Was this reckless behavior under Texas criminal law? Acts 1973, 63rd Leg., p. 883, ch. Added by Acts 1983, 68th Leg., p. 2812, ch. (Tex. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, 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. 6, eff. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. September 1, 2021. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 620 (S.B. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. (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. 8), Sec. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Acts 2019, 86th Leg., R.S., Ch. 1052, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. Added by Acts 1983, 68th Leg., p. 5312, ch. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 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. (Tex. Intoxication assault. (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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 2, eff. Penal Code 12.42, 12.43 (2022).). 1.01, eff. 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. 14, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 1028, Sec. 4, eff. 939, Sec. 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. 28, eff. ABANDONING OR ENDANGERING CHILD. Sept. 1, 1997; Acts 1995, 74th Leg., ch. September 1, 2005. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? 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. 685 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. 2018), Sec. 164, Sec. (a) A person commits an offense if the person commits assault as defined in Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th 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. Your attorney will advise you on the best options available to fight back against your charges. Acts 2009, 81st Leg., R.S., Ch. 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. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Acts 2017, 85th Leg., R.S., Ch. Sec. 1415, Sec. 2, eff. Sept. 1, 2003. 623 (H.B. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person Sept. 1, 1994. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. 3, eff. 655, Sec. Jan. 1, 1974. 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. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. September 1, 2007. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. A grand jury no bill is the equivalent of a dismissal. September 1, 2019. Causes impaired function or functional loss of a bodily organ or member. 809, Sec. September 1, 2017. 687, Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 1 to 3, eff. 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. (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. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. Acts 2011, 82nd Leg., R.S., Ch. 1087, 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! The offense becomes a first-degree felony when any of the following 2, eff. 4, eff. 481, Sec. Contact our office today for a free initial consultation and learn what options are available to you. (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. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. (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. 1158, Sec. Penal Code 12.33, 12.32, 22.02 (2022).). (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. 620, Sec. For instance, they might promise to appear when summoned for trial. (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. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 819, Sec. 3019), Sec. (2) "Elderly individual" means a person 65 years of age or older. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. September 1, 2017. 1.01, eff. 165, Sec. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 528, Sec. He was originally indicted on five felony 1, eff. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. Here is where aggravated assault charges can get a little crazy. Amended by Acts 1979, 66th Leg., p. 367, ch. 334, Sec. Amended by Acts 1985, 69th Leg., ch. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 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. 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. Examples include a firearm, hunting knife, rope, or even a baseball bat. 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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Sept. 1, 2003. 446, Sec. Acts 2009, 81st Leg., R.S., Ch. (b) An offense under this section is a felony of the second (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. What if the criminal mental state can be proven by the prosecutor? It can be classified as simple and aggravated assault. 1.125(a), eff. 822, Sec. 15.02(b), eff. Texas Sexting Laws 2908), Sec. Escape from felony custody. 187 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Class B misdemeanor: Up to 180 days in jail and a fine 27.01, 31.01(68), eff. 1102, Sec. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. September 1, 2021. 12, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Examples: Aggravated perjury. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2005. (d) The defense provided by Section 22.011(d) applies to this section. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Contact us at this DUI Lawyer Cost & Fees Website. (2) not attended by an individual in the vehicle who is 14 years of age or older. 1, eff. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (c) 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. 1.01, eff. 3019), Sec. 1.01, eff. 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. He is the founder of The Benavides Law Group. Sept. 1, 2003. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (2) 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: (A) 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, 21.11, or 25.11 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; or. 1095), Sec. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 900, Sec. (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. September 1, 2021. Updated: September 28, 2021; Original post: June 7, 2018. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. The attorney listings on this site are paid attorney advertising. 15.02(a), eff. 549), Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 495), Sec. 2, eff. Sept. 1, 1994. (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. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 784 (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. Sept. 1, 1985. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. 1, eff. September 1, 2017. 335, Sec. In Texas, aggravated sexual assault is always a first-degree felony. Assault against someone who reported a crime, an informant, or a witness. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 22.04. 1.01, eff. 1286, 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. 900, Sec. An offense under Subsection (b) is a felony of the third degree. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. Acts 2015, 84th Leg., R.S., Ch. September 1, 2005. 1, eff. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. A capital felony includes espionage, treason, or premeditated murder. 2, 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. (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. 1576), Sec. (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.
