September 1, 2007. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2019. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) 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, 1987; Acts 1989, 71st Leg., ch. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. 1259), Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 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. Acts 2017, 85th Leg., R.S., Ch. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Recklessness is acting with a conscious disregard to the results of that action. Contact our office today for a free initial consultation and learn what options are available to you. 788 (S.B. 1.01, eff. Misdemeanor assault charge penalties in Texas. 2.08, eff. 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. 1, eff. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. 14, Sec. 7, eff. Aggravated assaultis normally a second-degree felony. 2018), Sec. 896, Sec. The offense becomes a first-degree felony when any of the following 1.01, eff. (d) The defense provided by Section 22.011(d) applies to this section. 1354), Sec. 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. Sec. 22.11. 1, eff. 1.01, eff. 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. This 977, Sec. Sept. 1, 2003. 1, eff. AGGRAVATED SEXUAL ASSAULT. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 6, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Jan. 1, 1974. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 1, eff. 361 (H.B. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. September 1, 2017. 76, Sec. 2, eff. September 1, 2005. (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. 1576), Sec. Barnes remained in jail as of Monday, according to court records. 18, Sec. The penalties for assault on a family member can vary depending on what level of charge was brought against you. 15.02(a), eff. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. He was originally indicted on five felony Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 1, eff. Aggravated assault is a crime of violence. 784 (H.B. 873 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 623 (H.B. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 1, eff. It can be classified as simple and aggravated assault. 497, Sec. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (8) a person the actor knows is pregnant at the time of the offense. August 1, 2005. 139, Sec. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. April 14, 1987; Acts 1987, 70th Leg., ch. 5, eff. 273, Sec. A capital felony includes espionage, treason, or premeditated murder. Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Yes! 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. September 1, 2011. 1, eff. 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. September 1, 2017. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 3, eff. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 318, Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 2.04, eff. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 3, eff. Here is where aggravated assault charges can get a little crazy. Acts 2009, 81st Leg., R.S., Ch. 1.01, eff. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 459, Sec. (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. 1028, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 91), Sec. 1, eff. So, how much is bail for assault in Texas? Sec. 685 (H.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to Texas Sexting Laws Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 4, eff. In the following Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sept. 1, 2003. 791, Sec. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. (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. A grand jury no bill is the equivalent of a dismissal. 946), Sec. (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. (1) "Child" has the meaning assigned by Section 22.011(c). 1, eff. September 1, 2019. 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. 1019, Sec. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? 1095), Sec. 2552), Sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 22.05. 1, eff. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. 223, Sec. 357, Sec. (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. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. (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). 3, eff. 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. 687, Sec. 620 (S.B. (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. Amended by Acts 1985, 69th Leg., ch. 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. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 3607), Sec. September 1, 2007. 2066), Sec. September 1, 2009. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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.
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