528, Sec. (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. September 1, 2011. 1, eff. 553, Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 3, eff. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Call today for afree case review. 1, eff. 1, eff. Sept. 1, 1994. (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. Acts 1973, 63rd Leg., p. 883, ch. 791, Sec. 334, Sec. September 1, 2013. September 1, 2005. Sept. 1, 2001. (C) the victim is an elderly individual or a disabled individual. 1, eff. September 1, 2017. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 1354), Sec. 1576), Sec. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. 21.002(14), eff. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. a fine of up to $10,000. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Amended by Acts 1989, 71st Leg., ch. 738 (H.B. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Sept. 1, 1994; 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. 2552), Sec. (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. 788 (S.B. 665 (H.B. 34 (S.B. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 5, eff. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 2, eff. 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, 1991; Acts 1993, 73rd Leg., ch. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 1008, Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. Bail jumping of a felony arrest. 62, Sec. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. In the following 223, Sec. 33, eff. 2 min read. Sept. 1, 2003. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. 788 (S.B. (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. Assault Family Violence Texas Punishment | Law Office of J. Barrett 573, Sec. Added by Acts 1999, 76th Leg., ch. Class B misdemeanor: Up to 180 days in jail and a fine Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 29, eff. (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. Contact our office today for a free initial consultation and learn what options are available to you. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 955 (S.B. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the September 1, 2015. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sec. September 1, 2005. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 22.12. 1306), Sec. CLICK HERE FOR TITLE OR CONTRACT BONDS. 2.08, eff. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Amended by Acts 1979, 66th Leg., p. 367, ch. Jan. 1, 1974. 8.139, eff. Acts 2017, 85th Leg., R.S., Ch. AGGRAVATED ASSAULT. causes impairment of the function of a body part or organ. Typically, Aggravated Assault is charged as a Second or First Degree felony. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. September 1, 2017. 977, Sec. 1.01, eff. 4.02, eff. The offense becomes a first-degree felony when any of the following (a) A person commits an offense if the person commits assault as defined in Sec. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 2, eff. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. 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. 688), Sec. It can be classified as simple and aggravated assault. Misdemeanor assault charge penalties in Texas. (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. SEXUAL ASSAULT. (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. This 1, eff. 1259), Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (1) "Child" means a person 14 years of age or younger. 24, eff. 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. Penal Code 12.21, 12.34, 22.05 (2022).). Acts 2009, 81st Leg., R.S., Ch. 12, 13, eff. 155, Sec. Acts 2017, 85th Leg., R.S., Ch. 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, 2019. (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. 728 (H.B. Aggravated assaultis normally a second-degree felony. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. (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. 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. Acts 1973, 63rd Leg., p. 883, 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). 2, eff. September 1, 2017. 5, eff. Acts 2011, 82nd Leg., R.S., Ch. To act intentionally means to act in such a way that it is your conscious objective or desire to engage in the conduct or cause the result. In other words, someone that picks up a weapon and points it directly at another person and pulls the trigger acted with a conscious desire to cause the result of the person being injured by the weapon. 1038 (H.B. An offense under Subsection (b) is a felony of the third degree. 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 Bail Acts 2005, 79th Leg., Ch. 284(23) to (26), eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 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. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. 3, eff. Acts 2017, 85th Leg., R.S., Ch. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. August 1, 2005. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 440 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. 2066), Sec. 1.01, eff. 29), Sec. (1) "Child" means a person younger than 17 years of age. 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. Bail percentages may be negotiable, so you should ask your bondsman. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Acts 2021, 87th Leg., R.S., Ch. 6.05, eff. 27.01, eff. C.C.P. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Added by Acts 1983, 68th Leg., p. 5312, ch. 1006, Sec. Your permanent record will be negatively affected. 1, eff. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 2, eff. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 184), Sec. 46, eff. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 1 to 3, eff. 79, Sec. 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. Your attorney will advise you on the best options available to fight back against your charges. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 900, Sec. September 1, 2005. Aggravated Assault Charges In Texas - Hampton Law Firm A grand jury no bill is the equivalent of a dismissal. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 165, Sec. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. Victim is a public servant or security officer working in his or her line of duty. 91), Sec.
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