318, Sec. 16.003, eff. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 1052, Sec. To be charged with Aggravated Assault, there must have been an actual physical injury. Acts 2015, 84th Leg., R.S., Ch. 1102, Sec. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (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. Any interaction that has physical contact that causes harm to the other person is considered assault. (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. 4170), Sec. Added by Acts 1983, 68th Leg., p. 2812, ch. He is the founder of The Benavides Law Group. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Sept. 1, 1983. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. Causes impaired function or functional loss of a bodily organ or member. 22.05. (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. September 1, 2017. 949 (H.B. His bail has been set at $100,000. (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. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 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. Added by Acts 1983, 68th Leg., p. 5312, ch. 858 (H.B. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. 1006, Sec. Can You Get a Bail Bond for a Felony Charge in Texas? A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. (e) An offense under this section is a felony of the first degree. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 4, eff. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 719 (H.B. Amended by Acts 1989, 71st Leg., ch. Penal Code 1.07, 22.01, 22.02 (2022).). 294, Sec. Aggravated assaultis normally a second-degree felony. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Acts 2015, 84th Leg., R.S., Ch. 24, Sec. 900, Sec. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. a fine of up to $10,000. How Much Is Bail for a Felony in Philadelphia? (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 139, Sec. (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. 202, Sec. Sept. 1, 1983. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Texas Criminal Attorneys Taking Care of Texas Blawg. Sept. 1, 1997; Acts 1999, 76th Leg., ch. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. Acts 2019, 86th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. (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. 361 (H.B. 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. 1028, Sec. September 1, 2011. 27.01, 31.01(68), eff. September 1, 2021. Added by Acts 1985, 69th Leg., ch. 184), Sec. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. As a practical matter, the grand jury reviews cases and, if they have the opportunity to hear both sides of what took place, they may come to a different conclusion than the police and the alleged victim. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. 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. 334, Sec. Aggravated assault is a crime of violence. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1994; Acts 1997, 75th Leg., 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. 896, Sec. 142, eff. 977, Sec. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. 3, eff. 840 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. April 14, 1987; Acts 1987, 70th Leg., ch. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1008, Sec. (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. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to 662, Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (f) An offense under Subsection (c) is a state jail felony. TERRORISTIC THREAT. Barnes remained in jail as of Monday, according to court records. Acts 2007, 80th Leg., R.S., Ch. 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. 788 (S.B. 665 (H.B. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (1) "Child" means a person younger than 17 years of age. (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). In 2016 there were 72,609 reports of aggravated assault in Texas. In the following 1, eff. TAMPERING WITH CONSUMER PRODUCT. 1, eff. September 1, 2017. 22.06. 2, eff. (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). Jan. 1, 1974. (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 2005, 79th Leg., Ch. Misdemeanor assault charge penalties in Texas. 27.01, eff. (2) not attended by an individual in the vehicle who is 14 years of age or older. 528, Sec. (C) the victim is an elderly individual or a disabled individual. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. (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. 361 (H.B. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. Acts 2015, 84th Leg., R.S., Ch. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. Sept. 1, 1994. 1, eff. 659, Sec. Acts 1973, 63rd Leg., p. 883, ch. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 5, eff. 194), 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. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. September 1, 2017. 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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to Sept. 1, 1991; Acts 1993, 73rd 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. 7, eff. 164, Sec. (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. 1, eff. September 1, 2005. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 18, eff. September 1, 2005. In Texas, aggravated sexual assault is always a first-degree felony. 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. What is a No Bill? The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 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. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 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. 2, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 643), Sec. September 1, 2017. 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. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. September 1, 2005. While states define and penalize aggravated assault differently, most punish these crimes 2066), Sec. 819, Sec. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. 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. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). Jan. 1, 1974. Sept. 1, 1997; Acts 1995, 74th Leg., ch. When the conduct is engaged in recklessly, the offense is a felony of the second degree. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 91), Sec. 1286, Sec. 1038 (H.B. causes impairment of the function of a body part or organ. 1.01, eff. 467 (H.B. 3, eff. 3, eff. (936) 539-4444. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 22.01 (Assault) and the person: (1) causes 223, Sec. Sec. 655, Sec. 15.02(a), eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. 22.011. Sept. 1, 1999; Acts 2001, 77th Leg., 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. 2 min read. It can be classified as simple and aggravated assault. (b) An offense under this section is a felony of the second (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. Acts 2011, 82nd Leg., R.S., Ch. 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. September 1, 2019. 22.08. (Tex. 2552), Sec. 22.02. September 1, 2007. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. 1808), Sec. Yes! A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 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. 1, eff. September 1, 2019. September 1, 2011. (2) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. 3, eff. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 1095), Sec. 2, eff. 1, eff. It can be charged as a first-degree felony, with imprisonment of 99 years to life, if the assault is committed against a member of your family or household, someone with whom you have Sept. 1, 1999; Acts 1999, 76th Leg., ch. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. (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. 164), Sec. 1, eff. September 1, 2005. September 1, 2005. September 1, 2019. 11, eff. Feb. 1, 2004. WebThe current Texas law defines the offense of Aggravated Sexual Assault in Penal Code Section 22.021 as follows: [1] (a) A person commits an offense: (1) if the person: (A) intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of another person by any means, without that persons consent; Acts 2017, 85th Leg., R.S., Ch. 623 (H.B. 164, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 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. 42A.051, 42A.102; Tex. 1 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. For example, were they permanently crippled? 955 (S.B. 16, Sec. 1, eff. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 29), Sec. Acts 2005, 79th Leg., Ch. Acts 2005, 79th Leg., Ch. 318, Sec. 6.05, eff. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. 1, eff. 22.10. Sept. 1, 2003. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Lic.# 0022. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. Acts 2007, 80th Leg., R.S., Ch. Lets break down the parts of that definition. 557, Sec. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 8.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Start here to find criminal defense lawyers near you. Sept. 1, 2003. (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. A Class A misdemeanor is the least serious of these charges. Penal Code 12.33, 12.32, 22.02 (2022).). Acts 2005, 79th Leg., Ch. Amended by Acts 1979, 66th Leg., p. 367, ch. (d) The defense provided by Section 22.011(d) applies to this section. 738 (H.B. (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.