For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 461 (H.B. September 1, 2021. September 1, 2005. Jan. 1, 1974. September 1, 2019. That includes charges of physically touching the victim or issuing a threat. 1306), Sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 223, Sec. 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. 593 (H.B. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). 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. Second-degree felony charge result in a maximum of 20 years in prison. 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. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. 284(23) to (26), eff. 3, eff. 1, eff. 665 (H.B. 809, Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 728 (H.B. Aggravated Assault is a serious crime under Texas law. 1, eff. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. Added by Acts 1983, 68th Leg., p. 5312, ch. 915 (H.B. 12, eff. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 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. 142, eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. 1, eff. 900, Sec. 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. Amended by Acts 1989, 71st 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.. (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. Sec. 165, Sec. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 2552), Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1019, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1420, Sec. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. 6, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 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. 361 (H.B. Deadly conduct with a firearm. 440 (H.B. Here is where aggravated assault charges can get a little crazy. 1, eff. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 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. September 1, 2017. (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. 3, eff. 1028, Sec. 22.09. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 977, Sec. Sept. 1, 2003. 1, 2, eff. 4, eff. 436 (S.B. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. Sept. 1, 2003; Acts 2003, 78th Leg., ch. If youve been charged with a crime, call us today. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 3, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. Acts 1973, 63rd Leg., p. 883, ch. 2, eff. September 1, 2005. 366, Sec. 16, Sec. 900, Sec. 164), Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1006, Sec. Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 3019), Sec. Jan. 1, 1974. Lic.# 0022. 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. 955 (S.B. Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. 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. Acts 2019, 86th Leg., R.S., Ch. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. 1, eff. 22.11. (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. 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. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 461 (H.B. 8), Sec. 2589), Sec. 1.18, 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. (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. 334, Sec. Acts 1973, 63rd Leg., p. 883, ch. TAMPERING WITH CONSUMER PRODUCT. The Texas Republican Party will decide Saturday whether to censure U.S. Rep. Tony Gonzales of San Antonio over his votes to uphold same-sex Scott Saunders Jr., the former mayor of Smithville, Texas, was arrested twice in 2021 on a total of five charges, including sexual assault of a LUBBOCK, Texas Jeffrey Hatton, 26, pleaded guilty Friday to aggravated sexual assault of a child. WebTexas Penal Code Sec. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 2.08, eff. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. arts. Acts 2005, 79th Leg., Ch. 467 (H.B. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1.01, eff. (Tex. 268 (S.B. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. 788 (S.B. Sec. (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. Sec. September 1, 2019. September 1, 2005. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 1286, 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. 436 (S.B. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. (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. 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. 2, eff. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. LEAVING A CHILD IN A VEHICLE. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. June 11, 2009. 481, Sec. 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. 3, 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. 28, eff. 399, Sec. Victim is a public servant or security officer working in his or her line of duty. September 1, 2017. 22.07. September 1, 2009. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. He was originally indicted on five felony 553, Sec. 543 (H.B. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 739, Sec. 4170), Sec. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. Amended by Acts 1979, 66th Leg., p. 1114, ch. 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. 902), Sec. 1, 2, eff. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. 187 (S.B. a fine of up to $10,000. His bail has been set at $100,000. 7, eff. SEXUAL ASSAULT. 822, Sec. 528, Sec. 399, Sec. 1, eff. 687, Sec. DEADLY CONDUCT. 900, Sec. Bail for third-degree felonies is usually around $1,500 to $5,000. 620 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2009. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 685 (H.B. (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. 29, eff. In the following Sept. 1, 1994; Acts 2003, 78th Leg., ch. Feb. 1, 2004. Barnes remained in jail as of Monday, according to court records. 1, eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (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. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and 164, Sec. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 949 (H.B. Acts 2005, 79th Leg., Ch. 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. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the 2240), Sec. 1, eff. 1, eff. 361 (H.B. 557, 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. (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. Search Texas Statutes. (d) The defense provided by Section 22.011(d) applies to this section. 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. 22.06. 1, eff. 878, Sec. 34 (S.B. September 1, 2005. Sept. 1, 1983. Penal Code 12.42, 12.43 (2022).). 904, Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. Penal Code 12.21, 12.34, 22.05 (2022).). Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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). Sec. 318, Sec. 1286, Sec. 1, eff. 284 (S.B. It can be classified as simple and aggravated assault. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. Acts 2017, 85th Leg., R.S., Ch. (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. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. The offense becomes a first-degree felony when any of the following 900, Sec. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, Sept. 1, 1999. (C) the victim is an elderly individual or a disabled individual. Acts 2005, 79th Leg., Ch. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such The penalties for assault on a family member can vary depending on what level of charge was brought against you. AGGRAVATED SEXUAL ASSAULT. 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. 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. 446, Sec. 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. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. Punishment for Assault. 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. 1808), Sec. 1, eff. 1, eff. 24), Sec. Jan. 1, 1974. 62, Sec. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 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. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. Assault against someone who reported a crime, an informant, or a witness. The punishment must be a minimum term of 25 years in two circumstances: The offender sexually assaulted a child younger than 6 years of age. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Acts 2007, 80th Leg., R.S., Ch. 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. Texas Criminal Attorneys Taking Care of Texas Blawg. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 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. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 440 (H.B. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 549), Sec. 1, eff. 528, Sec. What are the punishments for Aggravated Assault in Texas? 1087, Sec. 184), Sec. Acts 2007, 80th Leg., R.S., Ch. His bail has been set at $100,000. 1549), Sec. September 1, 2017. Sept. 1, 2003. He has been named one of the 3 Best DUI Lawyers in Fort Worth, recognized by Expertise, National Trial Lawyers, Avvo, and others, and he is Lead Counsel rated. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Added by Acts 1984, 68th Leg., 2nd C.S., ch. St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after In Texas, aggravated sexual assault is always a first-degree 1158, Sec. 461 (H.B. September 1, 2013. 3, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 939, Sec. 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. (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. (936) 539-4444. Call today for afree case review. 417, Sec. The penalty increases to a third-degree felony if it involves discharging a firearm.