3, eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. (f) An offense under Subsection (c) is a state jail felony. 142, eff. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. (936) 539-4444. Added by Acts 2019, 86th Leg., R.S., Ch. 27, eff. 620, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 900, Sec. 79, Sec. 27.01, 31.01(68), eff. Second-degree felony charge result in a maximum of 20 years in prison. 3, eff. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. 1, eff. September 1, 2017. 22.012. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 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. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. September 1, 2021. (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. 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. 184), Sec. Penal Code Ann. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (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. Aggravated Assault Laws and Penalties 164, Sec. 1, eff. Jan. 1, 1974. 417, Sec. Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. 1, eff. 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. 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. 467 (H.B. 3, eff. Can You Get a Bail Bond for a Felony Charge in Texas? 2589), Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Nothing on this website should be considered valid legal advice, nor is it intended to be. 2, eff. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. C.C.P. 1, eff. Let us start building your defense. (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. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 3, eff. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 939, Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to Reenacted and amended by Acts 2005, 79th Leg., Ch. 1, eff. Texas Aggravated Do not delay. AIDING SUICIDE. 1286, Sec. Assault Family Violence Texas Punishment | Law Office of J. Barrett Sept. 1, 1994; Acts 1997, 75th Leg., ch. 27.01, eff. Contact us at this DUI Lawyer Cost & Fees Website. 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. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 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. 273, Sec. Penal Code 12.42, 12.43 (2022).). (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. 1, eff. 1, eff. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 187 (S.B. 1102, 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. (3) "Household" has the meaning assigned by Section 71.005, Family Code. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) 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: (A) 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, 21.11, or 25.11 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; or. Sept. 1, 1983; Acts 1987, 70th Leg., ch. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 739, Sec. Your attorney will advise you on the best options available to fight back against your charges. Was this reckless behavior under Texas criminal law? (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 446, Sec. Acts 2005, 79th 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. Amended by Acts 1993, 73rd Leg., ch. In Texas, aggravated sexual assault is always a first-degree felony. 22.06. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 223, Sec. 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. Sept. 1, 2003; Acts 2003, 78th 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. 1, eff. 1, eff. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 1420, Sec. 1.01, eff. Sec. 164), Sec. 22.08. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sec. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. What to Expect after Getting a Texas Assault Charge 22.05. September 1, 2007. 949 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 1038 (H.B. 461 (H.B. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. September 1, 2011. 284(32), eff. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 623 (H.B. Acts 2009, 81st Leg., R.S., Ch. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Aggravated assault is normally a second-degree felony. 900, Sec. Penal Code 12.21, 12.34, 22.05 (2022).). (2) uses or exhibits a deadly weapon during the commission of the assault. His bail has been set at $100,000. Misdemeanor assault charge penalties in Texas. According to Tex. Acts 2015, 84th Leg., R.S., Ch. 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. 18, Sec. Broken bones or permanent scarring would be considered a serious bodily injury. September 1, 2005. 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. 2, eff. 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. 1549), Sec. (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. Aggravated assaultis normally a second-degree felony. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. (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. Examples: Aggravated perjury. (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. September 1, 2005. A King County judge granted pre-trial release to a man accused of killing one person and shooting six others in the Jan. 2020 mass shooting in downtown Seattle. Simple Assault vs. Aggravated Assault in Texas A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 528, Sec. The attorney listings on this site are paid attorney advertising. 318, Sec. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 1.01, eff. 7, eff. Assault against someone who reported a crime, an informant, or a witness. 1, 2, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. A capital felony includes espionage, treason, or premeditated murder. 1, eff. 2908), Sec. 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. Possibility of community supervision. 543 (H.B. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 38, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Texas Sex Offenses 1, eff. 1, 2, eff. 2, eff. 2, eff. CLICK HERE FOR TITLE OR CONTRACT BONDS. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 34 (S.B. September 1, 2005. 6, eff. 22.07. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (b) An offense under this section is a Class A misdemeanor. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 2240), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 22.02. 260 (H.B. Sec. Jail Time Will You Serve for an Assault Charge in Texas Added by Acts 1985, 69th Leg., ch. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Sept. 1, 1983. 1, eff. Sept. 1, 1999. 1, 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. 18, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. Acts 2011, 82nd Leg., R.S., Ch. 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. 822, Sec. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. This 2, eff. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. Acts 2005, 79th Leg., Ch. Sec. 1, eff. 1028, Sec. (Tex. Sept. 1, 2003; Acts 2003, 78th Leg., ch. aggravated 34 (S.B. 1808), Sec. Indecent exposure to a child. Acts 2021, 87th Leg., R.S., Ch. 1, eff. (C) in discharging the firearm, causes serious bodily injury to any person. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. This field is for validation purposes and should be left unchanged. 3019), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch.