16, Sec. June 11, 2009. 685 (H.B. 1, eff. Bail percentages can vary by state & be as low as 5% or even as high as 20%. 1354), Sec. 14, Sec. An offense under Subsection (b) is a felony of the third degree. 667), Sec. 399, Sec. September 1, 2011. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (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. September 1, 2007. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 27.01, eff. (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. Aggravated Assault Charges In Texas - Hampton Law Firm 1286, Sec. Acts 2011, 82nd Leg., R.S., Ch. 76, Sec. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 14, Sec. (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. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 900, Sec. 875 (H.B. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to Penal Code 1.07, 22.01, 22.02 (2022).). 3607), Sec. 1.01, eff. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. APPLICABILITY TO CERTAIN CONDUCT. 1, eff. 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. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 (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. Acts 2005, 79th Leg., Ch. 2, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 1, eff. 318, Sec. (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. 1, eff. Call today for afree case review. His bail has been set at $100,000. 1.01, eff. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 495), Sec. 1, eff. Second-degree felony charge result in a maximum of 20 years in prison. 34 (S.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 24, eff. (B) the victim was a nondisabled or disabled child at the time of the offense. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 260 (H.B. 1158, Sec. Sec. 902), Sec. 915 (H.B. 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). Jan. 1, 1974. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 1087, Sec. September 1, 2019. September 1, 2017. 2, eff. 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. 16.002, eff. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. (2) is committed against a public servant. Texas Criminal Attorneys Taking Care of Texas Blawg. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. Sept. 1, 2003. 1, eff. 46, eff. 4170), Sec. Start here to find criminal defense lawyers near you. 788 (S.B. Acts 2017, 85th Leg., R.S., Ch. ABANDONING OR ENDANGERING CHILD. 900, Sec. 1, eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 22.012. 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. 284(23) to (26), eff. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Acts 2005, 79th Leg., Ch. (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. 623 (H.B. 165, Sec. 18, eff. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 594 (H.B. (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). Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally, knowingly or recklessly causing serious bodily injury to another person, or, using or exhibiting a deadly weapon in the course of committing, the offender uses a deadly weapon in committing, the aggravated assault is committed by or against a public servant, such as a state worker or city counselor acting in their official capacity, the offender commits aggravated assault in retaliation against a witness, informant, or a person who reported a crime, or. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 1, eff. (C) the victim is an elderly individual or a disabled individual. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1, eff. 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. 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. 21.001(39), eff. 12, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 273 (H.B. (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. This field is for validation purposes and should be left unchanged. (b) An offense under this section is a Class A misdemeanor. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 3, eff. 417, Sec. (8) a person the actor knows is pregnant at the time of the offense. Aggravated assault is a crime of violence. 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. 16.002, eff. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. 822, Sec. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. September 1, 2015. September 1, 2013. Sec. 858 (H.B. (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. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 2066), Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. Sept. 1, 2003. 6), Sec. Bowie County man, 30, accused of aggravated sexual assault of a 294, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 2, eff. September 1, 2005. September 1, 2009. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 1006, Sec. 22.01 (Assault) and the person: (1) causes The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. (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. Indecent exposure to a child. Bail WebTexas Penal Code Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Acts 2017, 85th Leg., R.S., 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 The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (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). Simple Assault vs. Aggravated Assault in Texas (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2021. 530, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 22.07. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 738 (H.B. 1, eff. If youve been charged with a crime, call us today. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or.