(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. Sept. 1, 1999. 29, eff. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 1, eff. Bail percentages can vary by state & be as low as 5% or even as high as 20%. 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. 5, eff. Assault against someone who reported a crime, an informant, or a witness. September 1, 2019. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. TERRORISTIC THREAT. 135, Sec. 46, eff. 334, Sec. 788 (S.B. Acts 2009, 81st Leg., R.S., Ch. 268 (S.B. 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. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. aggravated Contact our office today for a free initial consultation and learn what options are available to you. (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. (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. 4, eff. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Sept. 1, 1999; Acts 2001, 77th 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. 24, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2, eff. Added by Acts 2003, 78th Leg., ch. 915 (H.B. 184), Sec. 3, eff. Sec. 946), Sec. 1.01, eff. Attempted Murder Texas Criminal Attorneys Taking Care of Texas Blawg. SEXUAL ASSAULT. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (b) An offense under this section is a felony of the second Acts 2009, 81st Leg., R.S., Ch. 399, Sec. Acts 2005, 79th Leg., Ch. 3019), Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. (Tex. Barnes remained in jail as of Monday, according to court records. 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. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. September 1, 2019. (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. If youve been charged with a crime, call us today. September 1, 2005. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. 1, eff. 1, eff. Jul 14, 2020. How Much Is Bail for a Felony in Philadelphia? A No Bill is the equivalent of a dismissal of your aggravated assault charges. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. An offense under Subsection (c) is a felony of the third degree. What is a No Bill? 1, eff. 1808), Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. 2552), Sec. 3607), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Nothing on this website should be considered valid legal advice, nor is it intended to be. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 1, eff. 1286), Sec. Sept. 1, 2003. 12, eff. 900, Sec. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. Penal Code 12.21, 12.34, 22.05 (2022).). 33, eff. 481, Sec. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 840 (H.B. C.C.P. (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. 719 (H.B. September 1, 2019. 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). 7, eff. September 1, 2005. Deadly conduct with a firearm. 334, Sec. 623 (H.B. Victim is a public servant or security officer working in his or her line of duty. 3, eff. (2) "Spouse" means a person who is legally married to another. Sept. 1, 2003. Yes! 223, Sec. 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. 34 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 902), Sec. 4.02, eff. 1, eff. Sec. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 16.002, eff. 388, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Acts 2005, 79th Leg., Ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 164, Sec. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1158, Sec. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. September 1, 2017. Sept. 1, 2003. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. 335, 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. Are the permanently disfigured? Any interaction that has physical contact that causes harm to the other person is considered assault. 900, Sec. 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. Sec. 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. 1.01, eff. (2) is committed against a public servant. 14.829, eff. 436 (S.B. September 1, 2017. 273 (H.B. 3, eff. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 1.01, eff. 822, Sec. Bail Has Been "Reformed" in Texas: What You 903, Sec. Lets take a look the statutory definition of the offense. 896, Sec. 91), Sec. 399, Sec. 19, eff. 273, Sec. It includes Class C misdemeanors committed with deadly weapons. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 6.05, eff. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. 1019, Sec. 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. 461 (H.B. September 1, 2019. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 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. 1306), Sec. 900, Sec. (b) An offense under this section is a Class C misdemeanor. 42A.051, 42A.102; Tex. 1, eff. Texas Penal Code Section 22.02 - Aggravated Assault 1259), Sec. 22.11. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. September 1, 2021. Updated: September 28, 2021; Original post: June 7, 2018. Acts 2019, 86th Leg., R.S., Ch. 1 to 3, eff. 1087, Sec. 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. 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! 6), Sec. 878, Sec. Acts 2015, 84th Leg., R.S., Ch. Assault on a Family Member In Texas (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 5, eff. 1, eff. 573, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 29), Sec. September 1, 2011. September 1, 2007. Acts 2009, 81st Leg., R.S., 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. 594 (H.B. Woods Cross police officer charged with aggravated assault in 1, eff. 900, Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Recklessness is acting with a conscious disregard to the results of that action. (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. September 1, 2021. 977, Sec. 1, eff. 202, Sec. 1095), Sec. (Tex. 685 (H.B. AGGRAVATED ASSAULT. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. (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. (C) in discharging the firearm, causes serious bodily injury to any person. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 10, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 14, Sec. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. WebTexas Penal Code Sec. APPLICABILITY TO CERTAIN CONDUCT. 900, Sec. 553, Sec. 1038 (H.B. How much bail costs normally depends on the charge that the defendant is facing. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Can I Get a Bail Bond for a Felony Charge in Texas? Aggravated Assault with a Deadly Weapon: Texas Laws and Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. September 1, 2017. 34 (S.B. 977, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Here is where aggravated assault charges can get a little crazy. 739, Sec. September 1, 2015. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 417, Sec. 366, Sec. 22.02. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 11, eff. 165, Sec. September 1, 2017. 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. 16, Sec. 6, eff. (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). A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 620 (S.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. Let us start building your defense. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Your attorney will advise you on the best options available to fight back against your charges. 685 (H.B. The estimated bail amount in such cases can be more than $500,000. 28, eff. An offense under Subsection (b) is a felony of the third degree. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Texas Sexting Laws This 162, Sec. 1, 2, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. 1, eff. 446, Sec. 3, eff. 164, Sec. Aggravated assault is a crime of violence. 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. the Penalties for Aggravated Assault in Texas 399, Sec. 2, eff. (1) "Child" has the meaning assigned by Section 22.011(c). The best criminal lawyers make it a practice to prepare a packet of evidence establishing the injury does not meet the requirements under Texas law. 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.
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