Aggravated assault is a crime of violence. (f) An offense under Subsection (c) is a state jail felony. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 According to Tex. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. Your attorney will advise you on the best options available to fight back against your charges. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 2, eff. His bail has been set at $100,000. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 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. 399, Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. September 1, 2017. 1, eff. Are the permanently disfigured? (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 62, Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. 22.08. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against a person the actor knows is a public servant while the public servant 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 public servant; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 1 to 3, eff. 1575), Sec. This field is for validation purposes and should be left unchanged. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 791, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (C) in discharging the firearm, causes serious bodily injury to any person. 739, Sec. 505 N Frazier St. Conroe , TX. (2) "Elderly individual" means a person 65 years of age or older. Jan. 1, 1974. Texas Criminal Attorneys Taking Care of Texas Blawg. 1, eff. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 667), Sec. 2, eff. 543 (H.B. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 1259), Sec. 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. September 1, 2017. 623 (H.B. 728 (H.B. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. The estimated bail amount in such cases can be more than $500,000. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. Aggravated 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. 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. Sec. Texas Aggravated Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 1, 2, eff. 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. 22.012. 6, eff. INDECENT ASSAULT. It can be classified as simple and aggravated assault. 334, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The offense becomes a first-degree felony when any of the following 1.01, 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. September 1, 2007. Sept. 1, 1983; Acts 1985, 69th Leg., ch. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. 6, eff. Acts 1973, 63rd Leg., p. 883, ch. (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. 2589), Sec. 268 (S.B. Acts 2007, 80th Leg., R.S., Ch. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 1306), Sec. Typically, Aggravated Assault is charged as a Second or First Degree felony. Phone:817-839-3965 Fort Wort Address:115 W 2nd St #201, Fort Worth, TX 76102 Arlington Address: 4275 Little Road Suite 205, 9, Arlington, TX 76016 Southlake Address: 771 E Southlake, Suite 105, Southlake, TX 76092, North Richland Hills | Arlington |Mansfield | Euless | Bedford | Keller | Grand Prairie | Burleson | Grapevine | Colleyville | Southlake, Aggravated Assault Deadly Weapon - A Former DA Explains How to Beat Your Case! 900, Sec. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 2, eff. Yes! Acts 2017, 85th 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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1, eff. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. Sec. 1, eff. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 900, Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Class B misdemeanor: Up to 180 days in jail and a fine Aggravated Assault and Deadly Conduct in Texas 1.18, eff. Crimes & Punishment in Texas State Court (d) The defense provided by Section 22.011(d) applies to this section. 6), Sec. September 1, 2005. 1052, Sec. 1, eff. 1, eff. September 1, 2009. Anywhere between $5,000 and $50,000 is a reasonable range. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 11, eff. (2021). Bail Has Been "Reformed" in Texas: What You 12, eff. Under Texas law, you can be charged with Aggravated Assault if you exhibited a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. 1, eff. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Sec. 91), Sec. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1, eff. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. 22.09. Acts 2005, 79th Leg., Ch. Texas Penal Code Section 22.02 - Aggravated Assault (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. 1 to 3, eff. WebTexas Penal Code 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. 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. His bail has been set at $100,000. Harris County Bail Bonds - Houston Bail Bonds Acts 2007, 80th Leg., R.S., Ch. 3, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (b) An offense under this section is a felony of the third degree. 1, eff. Sept. 1, 2001. (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. (2) "Spouse" means a person who is legally married to another. 273, Sec. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. the Penalties for Aggravated Assault in Texas Lets give you an example of a bail bond amount. Recklessness is acting with a conscious disregard to the results of that action. 1, 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). Assault Offenses Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 2003. 655, Sec. arts. Acts 2005, 79th Leg., Ch. 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. 27.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, eff. Examples include a firearm, hunting knife, rope, or even a baseball bat. 34 (S.B. 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.