(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. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 1, eff. 3, eff. 1, eff. 461 (H.B. (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. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. April 14, 1987; Acts 1987, 70th Leg., ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. (2) is committed against a public servant. September 1, 2005. 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. 915 (H.B. (b) An offense under this section is a felony of the second 1, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 2, eff. Assault on a Family Member In Texas Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 62, Sec. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Harris County Bail Bonds - Houston Bail Bonds These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 977, Sec. 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. September 1, 2011. 436 (S.B. 16.002, eff. 1102, Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. (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. (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. 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. (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. Simple Assault vs. Aggravated Assault in Texas 3, 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). 557, Sec. (3) 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) "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. September 1, 2021. 1038 (H.B. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. For example, were they permanently crippled? 1087, Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 1, eff. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? Sept. 1, 1999; Acts 1999, 76th Leg., ch. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 21.002(14), eff. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 1, eff. 1286), Sec. Sometimes a person can be released on their own recognizance without posting bail. We find many media outlets and reporters and bloggers wanting to quote his blog at EricBenavides.com or our blog at HoustonCriminalAttorney.us, and in order to further facilitate these media mentions, our owner has commissioned this 2nd legal blog here at TakingCareOfTexas.org. SEXUAL ASSAULT. September 1, 2021. It includes Class C misdemeanors committed with deadly weapons. Texas Penal Code Section 22.02 - Aggravated Assault 665 (H.B. September 1, 2005. 164), Sec. 29), Sec. 268 (S.B. He is the founder of The Benavides Law Group. His bail has been set at $100,000. There are various factors that influence the decision of the judge when setting the total bail bond amount. 873 (S.B. 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. Jan. 1, 1974. 1, eff. Jan. 1, 1974. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Sec. Bail (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 1, eff. (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. Sept. 1, 2003. 719 (H.B. 202, Sec. The penalty increases to a third-degree felony if it involves discharging a firearm. Deadly conduct with a firearm. 1, eff. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (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). 1 to 3, eff. 12, eff. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 788 (S.B. 900, Sec. 1, eff. Bail jumping of a felony arrest. 3, eff. 8.139, eff. 22.02. 24, eff. 446, Sec. While states define and penalize aggravated assault differently, most punish these crimes Let us start building your defense. AIDING SUICIDE. 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. 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. Penal Code 12.33, 12.32, 22.02 (2022).). The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2009. 282 (H.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 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. September 1, 2005. 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. 22.09. 27.01, eff. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. Acts 2005, 79th Leg., Ch. 19, eff. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (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. 2, eff. 7, eff. 2, eff. 1.01, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Woods Cross police officer charged with aggravated assault in Added by Acts 1983, 68th Leg., p. 5312, ch. (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. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 2, eff. 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. 5, eff. 165, Sec. (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. Do not delay. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. 939, Sec. Acts 2017, 85th Leg., R.S., Ch. 3607), Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Sept. 1, 2003; Acts 2003, 78th Leg., ch. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. 977, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Oct. 2, 1984. 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. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. 878, Sec. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. Aggravated assault is a crime of violence. 91), Sec. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 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! 1, eff. 399, Sec. Assault Family Violence Texas Punishment | Law Office of J. Barrett Texas Aggravated Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 900, Sec. 29), Sec. The penalties for assault on a family member can vary depending on what level of charge was brought against you. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1, eff. (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. 284 (S.B. 34 (S.B. How Much Is Bail for a Felony in Philadelphia?: Long Law Firm A No Bill is the equivalent of a dismissal of your aggravated assault charges. 2018), Sec. 42A.051, 42A.102; Tex. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1985, 69th Leg., ch. Average Bail Amounts by Crime How much is bail for Sec. Sec. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. How Much is Bail for Assault in Texas? - Bail Agent Network A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 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. (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. Lets break down the parts of that definition. 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. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 875 (H.B. 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. 1, eff. Texas Sexting Laws (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. (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. (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. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. WebA bail hearing is every defendants right. 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. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. The fine for this felony can be a maximum of $1,500. Lets give you an example of a bail bond amount. Sec. 1415, Sec. 584 (S.B. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 7, eff. (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.