(b) An offense under this section is a felony of the third degree. (2021). 620, Sec. 1031, Sec. 1, 2, eff. 1286), Sec. 1, eff. 19, eff. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. Acts 2021, 87th Leg., R.S., Ch. 1.01, eff. a fine of up to $10,000. 16.002, eff. Acts 2009, 81st Leg., R.S., Ch. Sometimes a person can be released on their own recognizance without posting bail. 1.18, eff. Simple Assault vs. Aggravated Assault in Texas 361 (H.B. September 1, 2011. 900, Sec. Jan. 1, 1974. 1, eff. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 2, eff. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. (C) the victim is an elderly individual or a disabled individual. September 1, 2005. 3, eff. 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. Examples include a firearm, hunting knife, rope, or even a baseball bat. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1.01, eff. Amended by Acts 1985, 69th Leg., 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. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 1, eff. 79, Sec. 1038 (H.B. 282 (H.B. Sept. 1, 1981; Acts 1989, 71st Leg., ch. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES (d) The defense provided by Section 22.011(d) applies to this section. 495), Sec. Escape from felony custody. Can You Get a Bail Bond for a Felony Charge in Texas? Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Aggravated Assault with a Deadly Weapon: Texas Laws and How much bail costs normally depends on the charge that the defendant is facing. Sec. 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. September 1, 2009. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 900, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2007. 399, Sec. the Penalties for Aggravated Assault in Texas 14, Sec. 22.11. 2018), Sec. (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) 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). 900, Sec. 22.12. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 22.041. Aggravated Assault Charges In Texas - Hampton Law Firm Feb. 1, 2004. (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. 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. 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. 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. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. Aggravated assaultis normally a second-degree felony. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Acts 2009, 81st Leg., R.S., Ch. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 164, Sec. 268 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Can You Get a Bail Bond for a Felony Charge in Texas? Acts 2005, 79th Leg., Ch. (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. Your permanent record will be negatively affected. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Acts 1973, 63rd Leg., p. 883, ch. (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. (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. A Class A misdemeanor is the least serious of these charges. Sept. 1, 2003. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (1) "Child" means a person 14 years of age or younger. 878, Sec. 1, eff. Texas GOP may censure Tony Gonzales over votes on gay marriage, guns, At least 13 mayors arrested on child sex crimes since 2021 | Fox News, Man guilty of sexually abusing girl in Lubbock gets 25 years in prison - KLBK, causes serious bodily injury to another, including his or her spouse or, uses or exhibits a deadly weapon during the commission of an Assault. 18, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 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. (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. 7, eff. 6), Sec. 1, eff. INDECENT ASSAULT. 1354), Sec. 2, eff. 22.07. Typically, Aggravated Assault is charged as a Second or First Degree felony. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Acts 2017, 85th Leg., R.S., Ch. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. 557, Sec. 3, eff. 655, Sec. 900, Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 6, eff. His bail has been set at $100,000. 1415, Sec. (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. (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, 2005. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, eff. 2 min read. 1306), Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. (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. 2, Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. Although the driver had no intention of hurting anyone, their actions were in conscious disregard to the risk and results that someone could be seriously injured. 388, Sec. Bail percentages may be negotiable, so you should ask your bondsman. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 1, eff. September 1, 2009. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 719 (H.B. 16.003, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1549), Sec. 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. 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).