91), Sec. 840 (H.B. 3, eff. 1306), Sec. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. September 1, 2017. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 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. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 1420, Sec. (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. 623 (H.B. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 260 (H.B. 15.02(b), eff. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person 440 (H.B. He was originally indicted on five felony (1) "Child" means a person younger than 17 years of age. (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. 46, eff. arts. 5, eff. Added by Acts 2003, 78th Leg., ch. 7, eff. The best criminal lawyers make it a practice to prepare a packet of evidence establishing the injury does not meet the requirements under Texas law. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Typically, Aggravated Assault is charged as a Second or First Degree felony. 1808), Sec. 1286), Sec. Possibility of community supervision. (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. 1286, Sec. Class B misdemeanor: Up to 180 days in jail and a fine 399, Sec. 27, eff. 27.01, 31.01(68), eff. 1575), Sec. September 1, 2017. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 1038 (H.B. 12, eff. Lic.# 0022. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Acts 2005, 79th Leg., Ch. 164, Sec. 751 (H.B. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and (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. Was this reckless behavior under Texas criminal law? Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 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. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Amended by Acts 1985, 69th Leg., ch. 977, Sec. 528, Sec. 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 Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 1286, Sec. Deadly conduct with a firearm. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. 788 (S.B. Bail for third-degree felonies is usually around $1,500 to $5,000. Jan. 1, 1974. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 1, eff. September 1, 2015. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). 91), Sec. 1, 2, eff. 6), Sec. 18, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 8.139, eff. Sept. 1, 2003. 1052, Sec. 543 (H.B. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. Start here to find criminal defense lawyers near you. 903, Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. September 1, 2005. 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. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 268 (S.B. 2240), Sec. 334, Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 3, eff. 900, Sec. 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. Added by Acts 1983, 68th Leg., p. 5312, ch. Victim is a public servant or security officer working in his or her line of duty. Acts 1973, 63rd Leg., p. 883, ch. 768), Sec. AIDING SUICIDE. 22.021. 2, 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. C.C.P. SEXUAL ASSAULT. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Acts 2019, 86th Leg., R.S., Ch. If you have been arrested Schedule Your Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. September 1, 2007. Sept. 1, 1994. 29), Sec. August 1, 2005. DEADLY CONDUCT. Sept. 1, 2003. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 1576), Sec. 388, Sec. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Sec. Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 1006, Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 22.05. 1028, Sec. 667), Sec. (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. 1095), Sec. 1, eff. Aggravated assault is normally a second-degree felony. 22.02. The penalty increases to a third-degree felony if it involves discharging a firearm. 858 (H.B. Amended by Acts 1993, 73rd Leg., ch. 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.. Sec. Amended by Acts 2003, 78th Leg., ch. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 3, eff. 719 (H.B. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2005. (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. 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. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. (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. 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. Acts 2009, 81st Leg., R.S., Ch. An offense under Subsection (b) is a felony of the third degree. (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. Acts 2009, 81st Leg., R.S., Ch. 273, Sec. September 1, 2009. 12, 13, eff. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 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. September 1, 2021. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Penal Code Ann. Acts 2007, 80th Leg., R.S., Ch. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. (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. Jan. 1, 1974. Sept. 1, 1994; Acts 1995, 74th Leg., ch. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. He is the founder of The Benavides Law Group. September 1, 2009. September 1, 2021. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. 1.125(a), eff. September 1, 2019. September 1, 2021. 16.003, eff. 361 (H.B. 436 (S.B. (2) "Elderly individual" means a person 65 years of age or older. Sec. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.