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Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 3019), Sec. 3607), Sec. 1, eff. 1286), Sec. 1, eff. (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. For instance, they might promise to appear when summoned for trial. 260 (H.B. Sept. 1, 2003. 2, eff. Sept. 1, 1994. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 955 (S.B. ASSAULT. 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 3, eff. Criminal Lawyer Tip: Serious bodily injury must be proven beyond a reasonable doubt that establishes a permanent or substantial loss of use of a bodily member or organ. (2) uses or exhibits a deadly weapon during the commission of the assault. a fine of up to $10,000. Assault Family Violence Texas Punishment 27.01, 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. Aggravated Assault Charges In Texas - Hampton Law Firm document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. 1, eff. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. Texas Penal Code Section 22.02 - Aggravated Assault What is a No Bill? Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. 3, eff. Acts 2007, 80th Leg., R.S., Ch. Serious bodily injury means injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Oct. 2, 1984. September 1, 2015. 24, eff. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? Lets take a look the statutory definition of the offense. Acts 2009, 81st Leg., R.S., Ch. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. Acts 2005, 79th Leg., Ch. Start here to find criminal defense lawyers near you. 79, Sec. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 902), Sec. 739, Sec. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 467 (H.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. 399, Sec. (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). Texas 22.08. 2, eff. 16.003, eff. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. 2, eff. April 14, 1987; Acts 1987, 70th Leg., ch. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. ABANDONING OR ENDANGERING CHILD. An offense under Subsection (c) is a felony of the third degree. 6, eff. 1.01, eff. Broken bones or permanent scarring would be considered a serious bodily injury. 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. Assault Offenses 1029, Sec. 946), Sec. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. 10, eff. 1, eff. September 1, 2005. September 1, 2007. (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. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 1286), Sec. 6), Sec. 1.01, eff. 1158, Sec. Jan. 1, 1974. 939, Sec. 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. Sept. 1, 1994. Bail Has Been "Reformed" in Texas: What You 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! 8), Sec. (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. In fact, after the expiration of the statute of limitations, you will be eligible to file a petition for expunction to have your aggravated assault arrest and charges permanently deleted from your criminal record. 662, Sec. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. 1, eff. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. 16, Sec. 334, Sec. September 1, 2009. 1575), Sec. Acts 2017, 85th Leg., R.S., Ch. 528, Sec. 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. Acts 2005, 79th Leg., Ch. 155, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 361 (H.B. 1, eff. (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. Never believe anything you read on the internet, even if it is found on a law related blog. September 1, 2005. 184), Sec. Sec. 623 (H.B. (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, 1995; Acts 1997, 75th Leg., ch. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 4170), Sec. 1, eff. 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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 1286, Sec. September 1, 2011. 728 (H.B. To be charged with Aggravated Assault, there must have been an actual physical injury. September 1, 2005. 900, Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 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. 1259), Sec. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Punishment for Assault. 7, eff. 22.12. (8) a person the actor knows is pregnant at the time of the offense. 1286, Sec. AIDING SUICIDE. September 1, 2005. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 788 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. 1, eff. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the (1) "Child" means a person 14 years of age or younger. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. A No Bill is the equivalent of a dismissal of your aggravated assault charges. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 16.002, eff. 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. 878, Sec. 1, eff. 1.01, eff. September 1, 2005. Amended by Acts 1993, 73rd Leg., ch. 22.02. (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. Aggravated 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. Aggravated assault is normally a second-degree felony. Intoxication assault. 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. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Causes impaired function or functional loss of a bodily organ or member. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. 1, 2, eff. September 1, 2017. 1, eff. September 1, 2005. 7, eff. 2908), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. 788 (S.B. 620 (S.B. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2015. 1164), Sec. (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.