440 (H.B. 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; (e) An offense under this section is a felony of the first degree. 900, Sec. 399, Sec. (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. 553, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 260 (H.B. 655, Sec. 2018), Sec. September 1, 2011. (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. That includes charges of physically touching the victim or issuing a threat. 1.01, eff. 1, eff. 497, Sec. 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. 1, eff. 2240), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 3, eff. If you have been arrested Schedule Your (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 62, Sec. 1575), Sec. 809, Sec. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 184), Sec. In some states, the information on this website may be considered a lawyer referral service. 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. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. Acts 2005, 79th Leg., Ch. 22.021. 334, Sec. Can You Get a Bail Bond for a Felony Charge in Texas? With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. (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. (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. 1, eff. Attempted Murder 1087, Sec. September 1, 2013. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (1) "Child" means a person younger than 17 years of age. Typically, Aggravated Assault is charged as a Second or First Degree felony. 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. Jan. 1, 1974. 22.09. 14, Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 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. 1164), Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. 1, eff. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Can You Get a Bail Bond for a Felony Charge in Texas? 318, Sec. WebTwo to ten years in prison and possible fine not to exceed $10,000. 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. (2) "Spouse" means a person who is legally married to another. 665 (H.B. 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. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 549), Sec. 1306), Sec. Acts 2021, 87th Leg., R.S., Ch. Lets break down the parts of that definition. (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. 417, Sec. 22.012. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. 1.01, eff. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 22.02. Jan. 1, 1974. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (Tex. 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. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. September 1, 2005. 24), Sec. 1 (S.B. (b) An offense under this section is a Class C misdemeanor. Texas Aggravated Acts 1973, 63rd Leg., p. 883, ch. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 495), Sec. 1, eff. Aggravated Assault is a serious crime under Texas law. 91), Sec. (f) An offense under Subsection (c) is a state jail felony. a fine of up to $10,000. 2908), Sec. Simple Assault vs. Aggravated Assault in Texas Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. September 1, 2017. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1259), Sec. 1052, Sec. 436 (S.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. Acts 2017, 85th Leg., R.S., Ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. 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. 949 (H.B. 1.125(a), 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. 461 (H.B. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 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. Penal Code 1.07, 22.01, 22.02 (2022).). 27, eff. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 459, Sec. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 904, Sec. Recklessness is acting with a conscious disregard to the results of that action. September 1, 2009. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (b) An offense under this section is a felony of the third degree. What to Expect after Getting a Texas Assault Charge 187 (S.B. Acts 2017, 85th Leg., R.S., Ch. 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. Aggravated Assault Texas Jail Time, Punishment, Fines September 1, 2021. AGGRAVATED SEXUAL ASSAULT. 318, Sec. 900, Sec. 1, 2, eff. September 1, 2019. 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. Barnes remained in jail as of Monday, according to court records. Indecent exposure to a child. 4170), Sec. 728 (H.B. 1808), Sec. 1031, Sec. 1, 2, eff. 1286, Sec. Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. Woman accused of killing terminally ill husband in hospital released 6, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. 2018), Sec. 900, Sec. 1, eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 12, eff. 788 (S.B. 176), Sec. 915 (H.B. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. August 1, 2005. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 4.02, eff. 1, eff. 946), Sec. He is the founder of The Benavides Law Group. 2, eff. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. Amended by Acts 1979, 66th Leg., p. 367, ch. Bail for third-degree felonies is usually around $1,500 to $5,000. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) 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, or 21.11 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; and. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sometimes a person can be released on their own recognizance without posting bail. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. 223, Sec. 751 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1095), Sec. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 76, Sec. His bail has been set at $100,000. 623 (H.B. 2066), Sec. 38, eff. In this case, they can still be released from jail. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 1, eff. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 Acts 2011, 82nd Leg., R.S., Ch. 2, Sec. 900, Sec. Acts 2005, 79th Leg., Ch. 1 to 3, eff. (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, 2003; Acts 2003, 78th Leg., ch. According to Tex. 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. Second-degree felony charge result in a maximum of 20 years in prison. 977, Sec. 1, eff. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. 1006, Sec. 2, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. (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. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. aggravated September 1, 2019. 273, Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Sept. 1, 2003. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 875 (H.B. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Texas Assault Charge: Simple & Aggravated Assault Acts 2009, 81st Leg., R.S., Ch. 273 (H.B. 427 (H.B. 604, Sec. September 1, 2015. Acts 2005, 79th Leg., Ch. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. To be charged with Aggravated Assault, there must have been an actual physical injury. Examples: Aggravated perjury. 1, eff. Anywhere between $5,000 and $50,000 is a reasonable range. 335, Sec. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. (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. (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, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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). 1028, Sec. 22.11. 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. The attorney listings on this site are paid attorney advertising. 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, eff. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Added by Acts 1983, 68th Leg., p. 2812, ch. There are various factors that influence the decision of the judge when setting the total bail bond amount. 1, eff. 1, eff. 528, Sec. Penal Code Ann. Barnes remained in jail as of Monday, according to court records. 2, eff. 14.829, eff. 1, eff. 3019), Sec. 282 (H.B. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. The punishment must be a minimum term of 25 years in two circumstances: The offender sexually assaulted a child younger than 6 years of age. (1) "Child" means a person 14 years of age or younger. Aggravated assault is normally a second-degree felony. Sec. In Texas, aggravated sexual assault is always a first-degree felony. Broken bones or permanent scarring would be considered a serious bodily injury. Sept. 1, 1981; Acts 1989, 71st Leg., ch. A grand jury no bill is the equivalent of a dismissal. 549), Sec. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorneys Office experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. (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. September 1, 2009. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Aggravated assaultis normally a second-degree felony. 260 (H.B. Texas Sex Offenses (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. Sept. 1, 2003. This field is for validation purposes and should be left unchanged. (C) the victim is an elderly individual or a disabled individual. Jul 14, 2020. September 1, 2009. 1, eff. 687, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. Texas Sexting Laws Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. 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. September 1, 2017. 399, Sec. LEAVING A CHILD IN A VEHICLE. The penalties for assault on a family member can vary depending on what level of charge was brought against you. (2) uses or exhibits a deadly weapon during the commission of the assault. 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. 584 (S.B. 1, eff. 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2017. (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.
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