Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 7, eff. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. A No Bill is the equivalent of a dismissal of your aggravated assault charges. September 1, 2009. (e) An offense under Subsection (a) is a Class A misdemeanor. 176), Sec. 1, eff. Amended by Acts 1979, 66th Leg., p. 367, ch. 1, 2, eff. 22.01. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 22.11. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 2908), Sec. (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. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. April 14, 1987; Acts 1987, 70th Leg., ch. 2, eff. Never believe anything you read on the internet, even if it is found on a law related blog. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. As you can see from the examples above, there can be times when there is very little evidence to establish an arrest for aggravated assault deadly weapon. 18, Sec. 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. 24), 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. 904, Sec. 3, 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. September 1, 2021. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. 1.18, eff. 528, Sec. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. In Texas, aggravated sexual assault is always a first-degree felony. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1006, Sec. 2552), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Can You Get a Bail Bond for a Felony Charge in Texas? 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). 900, Sec. Intoxication assault. 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. 16.003, eff. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 2.08, eff. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1164), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. 440 (H.B. 91), Sec. So, how much is bail for assault in Texas? 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. September 1, 2021. (2) uses or exhibits a deadly weapon during the commission of the assault. Typically, Aggravated Assault is charged as a Second or First Degree felony. September 1, 2017. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 1306), Sec. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, (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. Sept. 1, 1994. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. 18, eff. (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. 334, Sec. (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. 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. Barnes remained in jail as of Monday, according to court records. 1, eff. 1576), 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. 977, Sec. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. Acts 2005, 79th Leg., Ch. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 955 (S.B. 202, Sec. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Penal Code 12.42, 12.43 (2022).). 4170), Sec. Acts 2017, 85th Leg., R.S., Ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Acts 1973, 63rd Leg., p. 883, ch. Jan. 1, 1974. Lets break down the parts of that definition. Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. 3, eff. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed 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; (2) 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, or 21.11 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; and. 22.06. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. Acts 2019, 86th Leg., R.S., Ch. 223, Sec. An offense under Subsection (b) is a felony of the third degree. 399, Sec. 273, Sec. 461 (H.B. Penal Code 12.33, 12.32, 22.02 (2022).). 273 (H.B. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 22.021. Sec. 318, Sec. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. 809, Sec. 1259), Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1.01, eff. How much bail costs normally depends on the charge that the defendant is facing. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. Sept. 1, 1983. (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. 459, Sec. Oct. 2, 1984. Penal Code Ann. September 1, 2009. 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. 620, Sec. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 4, eff. (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.
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