1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Added by Acts 1999, 76th Leg., ch. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Sec. 388, Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Acts 2007, 80th Leg., R.S., Ch. 528, Sec. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. 1, eff. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. Indecent exposure to a child. 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. September 1, 2021. (B) 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) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) 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 government to provide the service; or. WebIn Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 202, Sec. 1, eff. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. (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. Acts 2013, 83rd Leg., R.S., Ch. If youve been charged with a crime, call us today. 840 (H.B. According to Tex. 1286), Sec. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. 1029, Sec. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. 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. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 (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. Aggravated Assault is a serious crime under Texas law. (2021). 318, Sec. 643), Sec. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (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 described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. 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. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Amended by Acts 1985, 69th Leg., ch. (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. Acts 1973, 63rd Leg., p. 883, ch. 1, 2, eff. 738 (H.B. It includes Class C misdemeanors committed with deadly weapons. 1286, Sec. (b) An offense under this section is a felony of the second Anywhere between $5,000 and $50,000 is a reasonable range. 900, Sec. Acts 2019, 86th Leg., R.S., Ch. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 505 N Frazier St. Conroe , TX. September 1, 2005. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. September 1, 2013. 2, 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. When the conduct is engaged in recklessly, the offense is a state jail felony. 22.05. Amended by Acts 1989, 71st Leg., ch. (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. (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. Sept. 1, 2003. 791, Sec. 334, Sec. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 2, eff. 900, Sec. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. 22.04. 24), Sec. September 1, 2011. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Are the permanently disfigured? 1, eff. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel 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 or emergency services personnel. Jul 14, 2020. (Tex. 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. 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. 1038 (H.B. 1, eff. 361 (H.B. 1, eff. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Acts 2017, 85th Leg., R.S., Ch. April 14, 1987; Acts 1987, 70th Leg., ch. Sept. 1, 1983. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 2, Sec. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 1019, Sec. Examples include a firearm, hunting knife, rope, or even a baseball bat. 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 1, eff. 1052, Sec. Acts 2009, 81st Leg., R.S., Ch. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. Sept. 1, 2003. 1, eff. AGGRAVATED ASSAULT. 461 (H.B. 623 (H.B. APPLICABILITY TO CERTAIN CONDUCT. (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. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 461 (H.B. 2, eff. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 687, Sec. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person 1, eff. ABANDONING OR ENDANGERING CHILD. 27, eff. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. 3, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 8), Sec. 557, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. Sec. 3, eff. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 6, eff. 1420, Sec. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 440 (H.B. Sept. 1, 1994. 915 (H.B. How Much Is Bail for a Felony in Philadelphia? Acts 2005, 79th Leg., Ch. 284(32), eff. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (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. (f) An offense under Subsection (c) is a state jail felony. September 1, 2007. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Jan. 1, 1974. 1, eff. 22.06. Acts 2015, 84th Leg., R.S., Ch. 399, Sec. 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. (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. Sept. 1, 1983. 459, Sec. 719 (H.B. 1, eff. 3, eff. 3, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. 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! Amended by Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 8.139, eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. causes impairment of the function of a body part or organ. The penalty increases to a third-degree felony if it involves discharging a firearm. 12, 13, eff. ASSAULT. 5, eff. A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. 135, Sec. 1, eff. CLICK HERE FOR TITLE OR CONTRACT BONDS. (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. 139, Sec. 273 (H.B. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. If you have been arrested Schedule Your (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. Sept. 1, 2003. 2, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. 399, Sec. For example, if a driver tries to cut off another driver or maneuvers his vehicle to potentially run another vehicle off the roadespecially on a highway or road with a high speed limithe places the other driver in danger of serious bodily injury because his actions could cause a motor vehicle accident or collision. 2.017, eff. In Texas, a person who threatens, causes, or recklessly places another at risk of serious bodily injury can face charges of aggravated assault or deadly conductboth of which carry felony penalties and the possibility of prison time. Acts 2017, 85th Leg., R.S., Ch. (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. 34 (S.B. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1164), Sec. 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. 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). 18, eff. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost Sept. 1, 1981; Acts 1989, 71st Leg., ch. 1008, Sec. a fine of up to $10,000. Lets give you an example of a bail bond amount. 822, Sec. Recklessness is acting with a conscious disregard to the results of that action. 357, Sec. 399, Sec. Acts 2019, 86th Leg., R.S., Ch. He is the founder of The Benavides Law Group. Call today for afree case review. Sec. 1306), Sec. Your permanent record will be negatively affected. 1028, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 3, eff. (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. 858 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., 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. 497, Sec. Broken bones or permanent scarring would be considered a serious bodily injury. 1.01, eff. September 1, 2019. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. September 1, 2005. 27.01, 31.01(68), eff. Texas Criminal Attorneys Taking Care of Texas Blawg. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 6), Sec. 949 (H.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 24, Sec. 2, eff. 22.10. 11, eff. 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. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. (a) A person commits an offense if the person commits assault as defined in Sec. In the following Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 5, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 34 (S.B. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1, eff. 1, eff. 1576), Sec. Feb. 1, 2004. (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. C.C.P. Acts 2005, 79th Leg., Ch. 549), Sec. 260 (H.B. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. 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. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 549), Sec. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 685 (H.B. 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. 1354), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 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, 2017. Sept. 1, 2001; Acts 2003, 78th Leg., ch. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 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. September 1, 2005. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. September 1, 2009. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. 268 (S.B. September 1, 2017. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Added by Acts 2003, 78th Leg., ch. 6, 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. September 1, 2007. 4170), Sec. 91), Sec. (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. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 809, Sec. 1808), Sec. September 1, 2017. 436 (S.B. Added by Acts 1985, 69th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (B) the victim was a nondisabled or disabled child at the time of the offense. 361 (H.B. 788 (S.B. Examples: Aggravated perjury. 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.