1, 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. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) 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. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. Typically, Aggravated Assault is charged as a Second or First Degree felony. Here is where aggravated assault charges can get a little crazy. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003. 685 (H.B. 1006, Sec. 528, Sec. 223, Sec. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. 1101, Sec. 1, 2, eff. 1, eff. 2, eff. (Tex. June 11, 2009. 2, eff. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 1, 2, eff. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. The Texas Republican Party will decide Saturday whether to censure U.S. Rep. Tony Gonzales of San Antonio over his votes to uphold same-sex Scott Saunders Jr., the former mayor of Smithville, Texas, was arrested twice in 2021 on a total of five charges, including sexual assault of a LUBBOCK, Texas Jeffrey Hatton, 26, pleaded guilty Friday to aggravated sexual assault of a child. (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. Sept. 1, 1994. 1, eff. He was originally indicted on five felony 21.001(39), eff. 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. 1, eff. Punishment for Assault. 1, eff. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 399, Sec. Assault on a Family Member In Texas There are various factors that influence the decision of the judge when setting the total bail bond amount. 16.003, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. September 1, 2005. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1095), Sec. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. Do not delay. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. September 1, 2007. September 1, 2017. WebA bail hearing is every defendants right. 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. (2) "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. 977, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Sept. 1, 1999. 2, eff. 202, Sec. How much bail costs normally depends on the charge that the defendant is facing. 1038 (H.B. 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. Bail 1052, Sec. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Sept. 1, 1999; Acts 2003, 78th Leg., ch. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 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.. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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. 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; causes impairment of the function of a body part or organ. (2) uses or exhibits a deadly weapon during the commission of the assault. 162, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2005. 900, Sec. 549), Sec. Aggravated For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. Jan. 1, 1974. 440 (H.B. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. 620 (S.B. Sec. September 1, 2017. Amended by Acts 1985, 69th Leg., ch. (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. (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. 1, eff. 38, eff. 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! 268 (S.B. 495), Sec. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. (b) An offense under this section is a Class C misdemeanor. 4.02, eff. 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 2017, 85th Leg., R.S., Ch. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. 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. Sec. Acts 2015, 84th Leg., R.S., Ch. (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. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 18, Sec. 461 (H.B. That includes charges of physically touching the victim or issuing a threat. Texas (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. September 1, 2021. (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. 6), Sec. 16.002, eff. 22.05. Acts 2021, 87th Leg., R.S., Ch. 29, eff. 1, eff. 187 (S.B. Can I Get a Bail Bond for a Felony Charge in Texas? 1808), Sec. 5, eff. 284 (S.B. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. 33, eff. 1576), Sec. 16.002, eff. 495), Sec. 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. 685 (H.B. 1306), Sec. Sept. 1, 2003. August 1, 2005. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. Crimes & Punishment in Texas State Court So, how much is bail for assault in Texas? 76, Sec. 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. Attempted Murder 1008, Sec. 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. 1.125(a), eff. 1, eff. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Your permanent record will be negatively affected. 1087, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Texas Sex Offenses 22.10. A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 399, Sec. 719 (H.B. If you have been arrested Schedule Your 260 (H.B. 2552), Sec. 3, eff. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. His bail has been set at $100,000. While states define and penalize aggravated assault differently, most punish these crimes September 1, 2021. (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. Sept. 1, 2003. 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. (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. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Search Texas Statutes. September 1, 2019. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. (b) An offense under this section is a felony of the third degree. (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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. What if the criminal mental state can be proven by the prosecutor? 1259), Sec. 594 (H.B. Escape from felony custody. 1576), Sec. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Simple Assault vs. Aggravated Assault in Texas 2589), Sec. (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. 142, eff. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. September 1, 2017. INDECENT ASSAULT. 530, Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Barnes remained in jail as of Monday, according to court records. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. Acts 2005, 79th Leg., Ch. 875 (H.B. 665 (H.B. September 1, 2007. 194), Sec. Updated: September 28, 2021; Original post: June 7, 2018. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Acts 2007, 80th Leg., R.S., Ch. 3, eff. 728 (H.B. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 284(32), eff. 1102, Sec. 1, eff. 399, Sec. (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. September 1, 2017. 6), Sec. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 2, eff. Anywhere between $5,000 and $50,000 is a reasonable range. 1031, Sec. 2, eff. Sec. Jan. 1, 1974. 467 (H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Feb. 1, 2004. 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.