46, eff. 1, eff. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 1808), Sec. 2, eff. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. arts. 366, Sec. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person Sept. 1, 1997; Acts 1997, 75th Leg., ch. (Tex. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. (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 conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 268 (S.B. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. WebA bail hearing is every defendants right. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 19, eff. If the assault is classified as a Class B misdemeanor, the penalty is a maximum fine of up to $2,000 and/or up to 6 months in jail. causes impairment of the function of a body part or organ. 1, eff. 24, eff. Acts 2009, 81st Leg., R.S., Ch. AGGRAVATED ASSAULT. 688), Sec. 1.01, eff. 22.07. 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. 2, eff. Anywhere between $5,000 and $50,000 is a reasonable range. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. Sec. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. 1, eff. A capital felony includes espionage, treason, or premeditated murder. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Contact us at this DUI Lawyer Cost & Fees Website. 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. (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. Sec. 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. 1, eff. Nothing on this website should be considered valid legal advice, nor is it intended to be. 21.001(39), eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 Acts 2005, 79th Leg., Ch. 28, eff. 164, Sec. 223, Sec. Punishment for Assault. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.01. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Acts 2019, 86th Leg., R.S., Ch. 900, Sec. (Tex. 553, Sec. 665 (H.B. (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Jan. 1, 1974. 2, eff. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Lets break down the parts of that definition. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. Acts 2019, 86th Leg., R.S., Ch. April 14, 1987; Acts 1987, 70th Leg., ch. 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. (8) a person the actor knows is pregnant at the time of the offense. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. (Tex. This Aggravated assault is a crime of violence. Acts 2017, 85th Leg., R.S., Ch. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. It can be classified as simple and aggravated assault. Your attorney will advise you on the best options available to fight back against your charges. Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. September 1, 2017. 79, Sec. 62, Sec. 33, eff. 620 (S.B. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. (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. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. Causes impaired function or functional loss of a bodily organ or member. 1.01, eff. September 1, 2019. 1 (S.B. He was originally indicted on five felony (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. Acts 2017, 85th Leg., R.S., Ch. 1286), Sec. Aggravated assault is normally a second-degree felony. 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. 903, Sec. 42A.051, 42A.102; Tex. September 1, 2019. 687, Sec. 1, eff. Contact our office today for a free initial consultation and learn what options are available to you. (C) in discharging the firearm, causes serious bodily injury to any person. 284 (S.B. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1576), Sec. Was this reckless behavior under Texas criminal law? The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. 1, eff. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 22.02. Acts 2017, 85th Leg., R.S., Ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. Acts 2021, 87th Leg., R.S., Ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 1, eff. Assault against someone who reported a crime, an informant, or a witness. September 1, 2005. September 1, 2011. (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. 873 (S.B. Acts 2007, 80th Leg., R.S., Ch. Bail percentages can vary by state & be as low as 5% or even as high as 20%. 2066), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Class B misdemeanor: Up to 180 days in jail and a fine Amended by Acts 2003, 78th Leg., ch. 1286, Sec. 1 to 3, eff. Serious bodily injury means injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 1420, Sec. Feb. 1, 2004. 784 (H.B. Acts 2019, 86th Leg., R.S., Ch. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 528, Sec. 788 (S.B. Acts 2015, 84th Leg., R.S., Ch. 436 (S.B. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. September 1, 2005. In the following 1, eff. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 268 (S.B. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1019, Sec. Sept. 1, 2003. Sometimes a person can be released on their own recognizance without posting bail. WebTexas Penal Code Sec. 1, eff. INDECENT ASSAULT. Sept. 1, 1999; Acts 2001, 77th 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 2.017, eff. 3607), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. To be charged with Aggravated Assault, there must have been an actual physical injury. (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, 1989; Acts 1991, 72nd Leg., ch. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Acts 2017, 85th Leg., R.S., Ch. Possibility of community supervision. Typically, Aggravated Assault is charged as a Second or First Degree felony. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Recklessness is acting with a conscious disregard to the results of that action. When the conduct is engaged in recklessly, the offense is a state jail felony. 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. Acts 2009, 81st Leg., R.S., Ch. 2, eff. 3, eff. 662, Sec. 1, 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. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.