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. 688), Sec. Jan. 1, 1974. 1038 (H.B. 22.01. An offense under Subsection (b) is a felony of the third degree. Sec. 553, Sec. 1, eff. (936) 539-4444. 1, 2, eff. 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. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. C.C.P. 1306), Sec. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 14, Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (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. 29), Sec. 7, eff. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. (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. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. (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. 1, eff. Jan. 1, 1974. (g) 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 or both sections. 2, eff. 900, Sec. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. What are the punishments for Aggravated Assault in Texas? Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 260 (H.B. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 357, Sec. (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 2015, 84th Leg., R.S., Ch. 29), Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. 335, Sec. Assault against someone who reported a crime, an informant, or a witness. 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. 12, eff. Sept. 1, 2003. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. September 1, 2005. Crimes & Punishment in Texas State Court 900, Sec. September 1, 2005. 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. 1.01, eff. 1 to 3, eff. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 1, eff. Texas Sexting Laws 2, eff. (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. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 1808), Sec. 46, eff. 2 min read. 3, eff. Bail for third-degree felonies is usually around $1,500 to $5,000. Intoxication assault. 1, eff. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 688), Sec. Contact our office today for a free initial consultation and learn what options are available to you. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (C) in discharging the firearm, causes serious bodily injury to any person. 1, eff. 4, eff. Amended by Acts 1977, 65th Leg., p. 2067, ch. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 1.18, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (b) An offense under this section is a felony of the third degree. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Examples include a firearm, hunting knife, rope, or even a baseball bat. 459, Sec. September 1, 2021. 977, Sec. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 900, Sec. (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. 685 (H.B. (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. (Tex. September 1, 2013. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. 667), Sec. 34 (S.B. This field is for validation purposes and should be left unchanged. 16.003, eff. Acts 2005, 79th Leg., Ch. (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. 1, eff. (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. 1354), Sec. 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. 139, Sec. (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. 1, eff. September 1, 2017. 318, Sec. (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. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. Acts 2019, 86th Leg., R.S., Ch. 949 (H.B. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2011. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Start here to find criminal defense lawyers near you. Examples: Aggravated perjury. 399, Sec. 1, eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. the Penalties for Aggravated Assault in Texas Nothing on this website should be considered valid legal advice, nor is it intended to be. 1, eff. 623 (H.B. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Are the permanently disfigured? (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. A conviction can also result in monetary penalties, such as payment of fines and restitution. 1038 (H.B. September 1, 2007. Amended by Acts 1979, 66th Leg., p. 1114, ch. 620 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. Simple Assault vs. Aggravated Assault in Texas 1415, Sec. 1, eff. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. In 2016 there were 72,609 reports of aggravated assault in Texas. (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. (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. 2552), Sec. September 1, 2019. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 2, eff. Texas Penal Code 1.07(46) defines serious bodily injury as follows: Texas Penal Code Section 1.07(17) defines a deadly weapon as: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 24, Sec. Sec. 1, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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). 1.01, eff. 659, Sec. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). 135, Sec. 858 (H.B. (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. Possibility of community supervision. (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. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 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. Sometimes a person can be released on their own recognizance without posting bail. 3, eff. 557, Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. 2908), Sec. 436 (S.B. Acts 2005, 79th Leg., Ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Barnes remained in jail as of Monday, according to court records. 461 (H.B. 76, Sec. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. 1.01, eff. (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. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 6.05, eff. 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. September 1, 2015. (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. September 1, 2005. 1, eff. 22.07. Acts 2009, 81st Leg., R.S., Ch. 739, Sec. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. September 1, 2021. 1, eff. (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. Acts 2005, 79th Leg., Ch. (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.

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