549), Sec. Woman accused of killing terminally ill husband in hospital released Bail for third-degree felonies is usually around $1,500 to $5,000. Acts 2011, 82nd Leg., R.S., Ch. In Texas, aggravated sexual assault is always a first-degree 1, eff. (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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. (B) the victim was a nondisabled or disabled child at the time of the offense. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1983. Barnes remained in jail as of Monday, according to court records. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 September 1, 2017. 1, 2, eff. 1.01, eff. Sept. 1, 2003. (C) the victim is an elderly individual or a disabled individual. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1, eff. 840 (H.B. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. (b) An offense under this section is a Class C misdemeanor. 16, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. To act intentionally means to act in such a way that it is your conscious objective or desire to engage in the conduct or cause the result. In other words, someone that picks up a weapon and points it directly at another person and pulls the trigger acted with a conscious desire to cause the result of the person being injured by the weapon. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. 388, Sec. (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. Texas Sex Offenses Possibility of community supervision. 949 (H.B. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. 900, Sec. A capital felony includes espionage, treason, or premeditated murder. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. 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. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 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. 21.001(39), eff. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. September 1, 2007. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. Sec. September 1, 2021. 2066), Sec. 2, eff. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Lets give you an example of a bail bond amount. 1, eff. 873 (S.B. 91), Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (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. Sometimes a person can be released on their own recognizance without posting bail. The offense becomes a first-degree felony when any of the following 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. 3, eff. 3019), 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. 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. 858 (H.B. 2240), Sec. Acts 2015, 84th Leg., R.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. (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. Texas Sexting Laws 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. 22.11. 1, eff. If you have been arrested Schedule Your 719 (H.B. The estimated bail amount in such cases can be more than $500,000. September 1, 2019. 1095), Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 2023 Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. 1.01, eff. 2, eff. 1, eff. 977, Sec. 1259), Sec. August 1, 2005. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. Acts 2005, 79th Leg., Ch. September 1, 2017. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. September 1, 2005. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Any interaction that has physical contact that causes harm to the other person is considered assault. 6.05, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. 1, eff. 162, Sec. 4, eff. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. 667), Sec. Can You Get a Bail Bond for a Felony Charge in Texas? April 14, 1987; Acts 1987, 70th Leg., ch. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Assault on a Family Member In Texas 14, Sec. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 22.12. 446, Sec. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. 24, 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. He is the founder of The Benavides Law Group. Sec. 22.10. 2908), Sec. Aggravated Assault and Deadly Conduct in Texas Reenacted and amended by Acts 2005, 79th Leg., Ch. 6), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (1) "Child" has the meaning assigned by Section 22.011(c). September 1, 2009. September 1, 2015. Deadly conduct with a firearm. A conviction can also result in monetary penalties, such as payment of fines and restitution. Amended by Acts 1993, 73rd Leg., ch. 366, Sec. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. September 1, 2017. 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. 643), Sec. 427 (H.B. 1008, Sec. 1, eff. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 335, Sec. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 2.04, eff. 16.003, eff. It can be charged as a first-degree felony, with imprisonment of 99 years to life, if the assault is committed against a member of your family or household, someone with whom you have September 1, 2019. Penal Code Ann. A Class A misdemeanor is the least serious of these charges. (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. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. 3, eff. (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. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 2, eff. Assault Offenses 751 (H.B. 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. Jan. 1, 1974. (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).

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