WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 2, eff. September 1, 2017. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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. 14, Sec. Acts 2015, 84th Leg., R.S., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 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. (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. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to Your permanent record will be negatively affected. 620, Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 1101, Sec. 2.017, eff. (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. (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. 38, eff. 22.07. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 155, Sec. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Acts 2011, 82nd Leg., R.S., Ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 29, eff. (B) the victim was a nondisabled or disabled child at the time of the offense. Sept. 1, 2003. 28, eff. (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. 2023 3, eff. (Tex. 1306), Sec. (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. Acts 2021, 87th Leg., R.S., Ch. 1, eff. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. 1259), Sec. Acts 2021, 87th Leg., R.S., Ch. 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. Jan. 1, 1974. 1, eff. 18, Sec. 284(32), eff. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 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. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. September 1, 2019. 29), Sec. 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. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. Sec. (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). Sept. 1, 1999; Acts 2003, 78th Leg., ch. 16, Sec. Acts 2005, 79th Leg., Ch. 16.002, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (B) who otherwise 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. September 1, 2021. 1.01, eff. 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. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 1, eff. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 1, eff. 16.003, eff. 2.04, 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). 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. 573, Sec. 1164), Sec. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost Amended by Acts 1977, 65th Leg., p. 2067, ch. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to Jul 14, 2020. (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. Your attorney will advise you on the best options available to fight back against your charges. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. (2) "Spouse" means a person who is legally married to another. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. His bail has been set at $100,000. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 1286, Sec. Acts 2021, 87th Leg., R.S., Ch. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. 2 min read. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 623 (H.B. The penalties for assault on a family member can vary depending on what level of charge was brought against you. 388, Sec. 91), Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 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. 1.01, eff. 900, Sec. 1.01, 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. 2, eff. (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. Do not delay. (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. 1808), Sec. Amended by Acts 2003, 78th Leg., ch. 1549), Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. Class B misdemeanor: Up to 180 days in jail and a fine 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. 1, eff. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. (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. 1, eff. (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. 1576), Sec. 1, eff. 139, Sec. 3, eff. causes impairment of the function of a body part or organ. 417, Sec. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 18, eff. September 1, 2017. 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 2019, 86th Leg., R.S., Ch. 29), Sec. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. September 1, 2021. 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. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2908), Sec. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Amended by Acts 1989, 71st Leg., ch. 1, eff. (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. 2, eff. September 1, 2021. Second-degree felony charge result in a maximum of 20 years in prison. 528, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2552), Sec. Sept. 1, 1983. Jan. 1, 1974. 949 (H.B. Was this reckless behavior under Texas criminal law? (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. Start here to find criminal defense lawyers near you. 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. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. August 1, 2005. What is a No Bill? Sec. Nothing on this website should be considered valid legal advice, nor is it intended to be. September 1, 2011. 7, eff. (e) An offense under this section is a felony of the first degree. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sec. 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. 1, 2, eff. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? Sept. 1, 1994. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 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). 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.
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