1, eff. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. September 1, 2017. 788 (S.B. 10, eff. Sept. 1, 2003. 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! September 1, 2017. Sept. 1, 1994. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. 6, eff. Acts 2009, 81st Leg., R.S., Ch. The fine for this felony can be a maximum of $1,500. (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. 900, Sec. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Assault Offenses 1, eff. September 1, 2009. September 1, 2005. 2, eff. Aggravated assault is normally a second-degree felony. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. Amended by Acts 1977, 65th Leg., p. 2067, ch. 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. 685 (H.B. Harris County Bail Bonds - Houston Bail Bonds 14.829, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. 734 (H.B. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, Sept. 1, 1999; Acts 2001, 77th Leg., ch. The best criminal lawyers make it a practice to prepare a packet of evidence establishing the injury does not meet the requirements under Texas law. 6), Sec. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 6.05, eff. Sept. 1, 1983. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. September 1, 2021. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (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. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 1415, Sec. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorneys Office experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. 1, eff. 1306), Sec. 162, Sec. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. September 1, 2017. 24, Sec. WebThe current Texas law defines the offense of Aggravated Sexual Assault in Penal Code Section 22.021 as follows: [1] (a) A person commits an offense: (1) if the person: (A) intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of another person by any means, without that persons consent; Yes! Jan. 1, 1974. 22.09. Added by Acts 1983, 68th Leg., p. 2812, ch. 22.05. Acts 2011, 82nd Leg., R.S., Ch. 461 (H.B. (B) the victim was a nondisabled or disabled child at the time of the offense. TERRORISTIC THREAT. (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). 481, Sec. An offense under Subsection (c) is a felony of the third degree. 27, eff. 142, eff. 1.01, eff. Sec. 822, Sec. (B) 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; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) 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 government to provide the service; or. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. 3019), Sec. 688), Sec. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. Sept. 1, 1985; Acts 1987, 70th Leg., ch. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. Texas Penal Code Section 22.02 - Aggravated Assault Woods Cross police officer charged with aggravated assault in Acts 2019, 86th Leg., R.S., Ch. (2) "Spouse" means a person who is legally married to another. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. 34 (S.B. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 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. Acts 2017, 85th Leg., R.S., Ch. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1576), Sec. Simple Assault vs. Aggravated Assault in Texas 7, eff. Acts 2011, 82nd Leg., R.S., Ch. 467 (H.B. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. Aggravated Assault Bonds Houston | Access Bonding Service 461 (H.B. (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Bail jumping of a felony arrest. He is the founder of The Benavides Law Group. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. September 1, 2007. What are the punishments for Aggravated Assault in Texas? (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. 896, Sec. 33, eff. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the Sept. 1, 1997; Acts 1999, 76th 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. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. aggravated 467 (H.B. 594 (H.B. 620 (S.B. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 4, eff. 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. In Texas, aggravated sexual assault is always a first-degree felony. 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. 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. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 949 (H.B. 1 to 3, eff. 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. 399, Sec. 900, Sec. 1576), 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, 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. 22.12. 334, Sec. 3019), Sec. 79, Sec. 2, eff. 573, Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 2908), Sec. ABANDONING OR ENDANGERING CHILD. 15.02(b), eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Sept. 1, 1995; Acts 1995, 74th Leg., ch. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 a fine of up to $10,000. (2) "Elderly individual" means a person 65 years of age or older. Acts 2021, 87th Leg., R.S., Ch. 1576), Sec. (1) "Child" means a person 14 years of age or younger. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 436 (S.B. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Sept. 1, 2003. 2, eff. There are various factors that influence the decision of the judge when setting the total bail bond amount. 2, Sec. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 809, Sec. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 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. September 1, 2015. 6, eff. September 1, 2017. (936) 539-4444. AGGRAVATED SEXUAL ASSAULT. 1, eff. 1031, Sec. 260 (H.B. 361 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 902), Sec. 728 (H.B. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 6), Sec. 417, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 366, Sec. Acts 2019, 86th Leg., R.S., Ch. 3, eff. 165, Sec. 2018), Sec. Acts 2005, 79th Leg., Ch. (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. (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. 62, Sec. September 1, 2005. (C) in discharging the firearm, causes serious bodily injury to any person. Acts 2005, 79th Leg., Ch. 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. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 16.002, eff. 1158, Sec. 22.012. 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.