22.011. 22.01. In Texas, aggravated sexual assault is always a first-degree (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. September 1, 2017. 2.08, eff. 194), Sec. 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. arts. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. 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. 1549), Sec. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 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. 977, Sec. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 24), Sec. In Texas, aggravated sexual assault is always a first-degree felony. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. Amended by Acts 1985, 69th Leg., ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Acts 2015, 84th Leg., R.S., Ch. (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. Web(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 Here is where aggravated assault charges can get a little crazy. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 2, eff. (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. Added by Acts 1983, 68th Leg., p. 5312, ch. In 2016 there were 72,609 reports of aggravated assault in Texas. 91), Sec. 738 (H.B. A No Bill is the equivalent of a dismissal of your aggravated assault charges. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (Tex. 1164), Sec. (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. Aggravated assault is defined byTexas Statutes 22.01 and 22.02as such: intentionally, knowingly or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon in the course of committing anyassault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.. (1) "Child" has the meaning assigned by Section 22.011(c). 1, eff. It is a finding that establishes you have been exonerated of the charges and provides the opportunity to have your criminal case file and arrest expunged from your criminal record. Sept. 1, 2003; Acts 2003, 78th Leg., ch. According to Tex. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 875 (H.B. 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. An offense under Subsection (b) is a felony of the third degree. 1101, Sec. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Acts 2017, 85th Leg., R.S., Ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. ASSAULT. 7, eff. (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. If the total bail amount is $30,000, the bail bond agent will require you to pay them $3,000 to post bond on your behalf. (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. 91), Sec. 29), Sec. 904, Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Bail jumping of a felony arrest. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. 4, eff. If youve been charged with a crime, call us today. 273, Sec. Lic.# 0022. 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). Acts 2021, 87th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. September 1, 2005. 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) An offense under this section is a felony of the second 1, eff. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 977, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (C) the victim is an elderly individual or a disabled individual. 2018), Sec. September 1, 2005. Sec. 719 (H.B. Acts 1973, 63rd Leg., p. 883, ch. (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. 399, Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 436 (S.B. September 1, 2005. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Oct. 2, 1984. Acts 2013, 83rd Leg., R.S., Ch. 900, Sec. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. 939, Sec. 33, eff. 260 (H.B. Acts 2015, 84th Leg., R.S., Ch. 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. 623 (H.B. 1, eff. August 1, 2005. 142, eff. 1, 2, eff. 5, eff. 3, eff. Sometimes a person can be released on their own recognizance without posting bail. 79, Sec. September 1, 2007. (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. Victim is a public servant or security officer working in his or her line of duty. 1, eff. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. Sept. 1, 2003. 685 (H.B. 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. Acts 2005, 79th Leg., Ch. 162, Sec. C.C.P. Possibility of community supervision. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. 705), Sec. WebA bail hearing is every defendants right. 620, 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. 273 (H.B. 62, 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. 22.04. 751 (H.B. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. 3607), Sec. 620 (S.B. 2, eff. September 1, 2017. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. (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. (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. 399, Sec. This 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. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 530, Sec. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). Texas Criminal Attorneys Taking Care of Texas Blawg. (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. September 1, 2011. SEXUAL ASSAULT. 399, Sec. Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 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. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Acts 2009, 81st Leg., R.S., Ch. September 1, 2015. 467 (H.B. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. CLICK HERE FOR TITLE OR CONTRACT BONDS. Amended by Acts 1979, 66th Leg., p. 1114, ch. 528, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. WebTwo to ten years in prison and possible fine not to exceed $10,000. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. 155, Sec. 223, Sec. 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. Sept. 1, 2001. (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. 1, eff. 900, Sec. 15.02(a), eff. 1, eff. 27, eff. 2, 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. 38, eff. 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. 955 (S.B. In some states, the information on this website may be considered a lawyer referral service. 22.07. 1019, Sec. Acts 2009, 81st Leg., R.S., Ch. 1306), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. September 1, 2005. 1, eff. Examples: Aggravated perjury. Sec. 3, eff. 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. WebIn Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (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. Acts 2005, 79th Leg., Ch. Acts 1973, 63rd Leg., p. 883, ch. 14.829, eff. 2, Sec. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or.