1, eff. 734 (H.B. 164, Sec. While states define and penalize aggravated assault differently, most punish these crimes Victim is a public servant or security officer working in his or her line of duty. 91), Sec. September 1, 2009. 14, Sec. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 318, Sec. September 1, 2017. 1, eff. 34 (S.B. Acts 2007, 80th Leg., R.S., Ch. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. 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. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. (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. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Acts 2005, 79th Leg., Ch. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 334, Sec. DEADLY CONDUCT. 2018), Sec. (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. 1, eff. 22.012. 2, eff. 284 (S.B. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. Acts 2017, 85th Leg., R.S., Ch. 3, eff. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 1306), Sec. 7, eff. Penal Code 12.33, 12.32, 22.02 (2022).). 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. 46, eff. 3, eff. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Acts 1973, 63rd Leg., p. 883, ch. How much bail costs normally depends on the charge that the defendant is facing. Sept. 1, 1999. (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. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 361 (H.B. His bail has been set at $100,000. Examples: Aggravated perjury. 728 (H.B. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. Bail percentages may be negotiable, so you should ask your bondsman. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 5, eff. 5, eff. 1, eff. September 1, 2007. 6, eff. 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. 3, eff. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. 34 (S.B. 2, eff. 900, Sec. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 7, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Yes! 1038 (H.B. He is the founder of The Benavides Law Group. Sept. 1, 1981; Acts 1989, 71st Leg., ch. September 1, 2005. (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. 2 min read. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Jul 14, 2020. Jan. 1, 1974. Although the driver had no intention of hurting anyone, their actions were in conscious disregard to the risk and results that someone could be seriously injured. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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, 1995; Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. Sept. 1, 2003. September 1, 2015. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Punishment for Assault. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. 977, Sec. 1, 2, eff. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 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). 2, eff. Bail jumping of a felony arrest. Your permanent record will be negatively affected. 318, Sec. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. A conviction can also result in monetary penalties, such as payment of fines and restitution. 15.02(a), eff. 875 (H.B. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. 4170), 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. 268 (S.B. 1, eff. 3, eff. Updated: September 28, 2021; Original post: June 7, 2018. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 481, Sec. 294, Sec. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. 1354), Sec. INDECENT ASSAULT. ASSAULT. It can be classified as simple and aggravated assault. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. (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. 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 Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? AGGRAVATED SEXUAL ASSAULT. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 6, eff. In Texas, aggravated sexual assault is always a first-degree 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. Yes! 1576), Sec. 16.002, eff. (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. (b) An offense under this section is a felony of the second Aggravated assault is normally a second-degree felony. September 1, 2011. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Acts 2015, 84th Leg., R.S., Ch. A capital felony includes espionage, treason, or premeditated murder. Sec. In some states, the information on this website may be considered a lawyer referral service. 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. September 1, 2005. At The Hampton Law Firm, you will have a team of 5 Former Tarrant County Prosecutors working in your corner to provide you the best legal advice and fight to ensure you receive the best possible outcome on your aggravated assault charge. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. 1.125(a), eff. (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.
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