(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. 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. 22.08. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2009. 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. 2, eff. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 16, Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 900, Sec. September 1, 2005. 1.125(a), eff. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. (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. For instance, they might promise to appear when summoned for trial. In Texas, aggravated sexual assault is always a first-degree 284(32), eff. (3) "Disabled individual" means a person older than 13 years of age who 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. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. 738 (H.B. 528, Sec. 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; 1, eff. 3019), Sec. 164, 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. (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. In this case, they can still be released from jail. 12, 13, eff. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. 22.01. 417, Sec. 2023 Amended by Acts 1989, 71st Leg., ch. 139, Sec. September 1, 2015. 2, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. Acts 2005, 79th Leg., Ch. 1.01, eff. Acts 2005, 79th Leg., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Amended by Acts 1985, 69th Leg., ch. Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. 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. 164), Sec. 318, Sec. Acts 2021, 87th Leg., R.S., Ch. 427 (H.B. Web(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 543 (H.B. September 1, 2021. September 1, 2015. 14, Sec. 1, eff. 1.01, eff. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 788 (S.B. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. 1, eff. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 14.829, eff. September 1, 2021. Assault against someone who reported a crime, an informant, or a witness. 12, eff. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and How much bail costs normally depends on the charge that the defendant is facing. 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. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 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. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 685 (H.B. 22.041. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 268 (S.B. 977, Sec. 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. September 1, 2011. Added by Acts 2019, 86th Leg., R.S., Ch. 399, Sec. September 1, 2005. 1, eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 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. 142, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Updated: September 28, 2021; Original post: June 7, 2018. 29), Sec. 1, eff. 29), Sec. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. Sept. 1, 1983. 2 min read. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. arts. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 273 (H.B. September 1, 2021. June 11, 2009. A No Bill is the equivalent of a dismissal of your aggravated assault charges. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Do not delay. (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. A conviction can also result in monetary penalties, such as payment of fines and restitution. If you have been arrested Schedule Your Acts 2009, 81st Leg., R.S., Ch. 436 (S.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 900, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. AGGRAVATED ASSAULT. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 1549), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. (b) An offense under this section is a felony of the second 946), Sec. 34, eff. His bail has been set at $100,000. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 34 (S.B. Sept. 1, 1994; Acts 1997, 75th Leg., ch. September 1, 2017. 366, Sec. 260 (H.B. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 446, Sec. 7, eff. Acts 2017, 85th Leg., R.S., Ch. What are the punishments for Aggravated Assault in Texas? 2, eff. 4170), Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 42A.051, 42A.102; Tex. 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. 939, Sec. Acts 2017, 85th Leg., R.S., Ch. 2, eff. September 1, 2011. 34 (S.B. (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. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Aggravated assault is defined byTexas Statutes 22.01 and 22.02as such: intentionally, knowingly or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon in the course of committing anyassault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.. 904, Sec. There are various factors that influence the decision of the judge when setting the total bail bond amount. 1.01, eff. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Examples: Aggravated perjury. 822, Sec. (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. Any interaction that has physical contact that causes harm to the other person is considered assault. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. September 1, 2019. 900, Sec. Acts 2005, 79th Leg., Ch. Acts 2019, 86th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. 900, Sec. 896, Sec. Lets break down the parts of that definition. 594 (H.B. September 1, 2019. September 1, 2017. (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. 1, eff. Sec. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 1095), Sec. 1354), Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 1, 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. 549), Sec. (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. 2589), Sec. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 155, Sec. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 1259), Sec. 655, Sec. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 (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. Acts 2017, 85th Leg., R.S., Ch. 2240), Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. 900, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. AGGRAVATED SEXUAL ASSAULT. Sept. 1, 1999. 357, Sec. August 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 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. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 6), Sec. (Tex. (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) 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. 8.139, eff. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. 977, Sec. 1, eff. How Much Is Bail for a Felony in Philadelphia? 1102, Sec. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 955 (S.B. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. 162, Sec. Acts 2007, 80th Leg., R.S., Ch. 662, Sec. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 1, eff. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. Acts 2017, 85th Leg., R.S., Ch. 4170), Sec. 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. Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 4, eff. 819, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 1029, Sec. (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. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 2, eff. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 768), Sec. (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. 22.07. It is a finding that establishes you have been exonerated of the charges and provides the opportunity to have your criminal case file and arrest expunged from your criminal record. 282 (H.B. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. 3019), Sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Acts 2019, 86th Leg., R.S., Ch. 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. 1, eff. 688), Sec. Penal Code 1.07, 22.01, 22.02 (2022).). 1019, Sec. (2) "Spouse" means a person who is legally married to another. Feb. 1, 2004. 33, eff. (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. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. Barnes remained in jail as of Monday, according to court records. 6.05, eff. 530, Sec. 809, Sec. Amended by Acts 2003, 78th Leg., ch. 1, eff. Lets take a look the statutory definition of the offense. 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. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. C.C.P. The penalties for assault on a family member can vary depending on what level of charge was brought against you. 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. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. (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. 1031, Sec. 1, eff. 900, Sec. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. (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. 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! Acts 1973, 63rd Leg., p. 883, ch. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or.
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