His bail has been set at $100,000. 22.012. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Lets break down the parts of that definition. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Amended by Acts 1989, 71st Leg., ch. 34 (S.B. (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. 28, eff. 1, 2, eff. 659, Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 949 (H.B. Assault against someone who reported a crime, an informant, or a witness. 584 (S.B. 1.01, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1575), Sec. 11, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 528, Sec. 1102, Sec. (1) "Child" has the meaning assigned by Section 22.011(c). 5, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Sept. 1, 1983. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Sometimes a person can be released on their own recognizance without posting bail. Reenacted and amended by Acts 2005, 79th Leg., Ch. Sec. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. Your attorney will advise you on the best options available to fight back against your charges. 1, eff. 1031, Sec. 361 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 5, eff. Acts 2017, 85th Leg., R.S., Ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. (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. 223, Sec. Acts 2009, 81st Leg., R.S., Ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Penal Code 12.33, 12.32, 22.02 (2022).). Acts 2005, 79th Leg., Ch. Sec. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 21.001(39), eff. (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. September 1, 2019. 705), Sec. (2) "Elderly individual" means a person 65 years of age or older. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Sec. 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. Texas Criminal Attorneys Taking Care of Texas Blawg. 202, Sec. Amended by Acts 1985, 69th 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. Acts 2021, 87th Leg., R.S., Ch. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (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. 21.002(14), eff. 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. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 436 (S.B. Typically, Aggravated Assault is charged as a Second or First Degree felony. 187 (S.B. 1.01, eff. 436 (S.B. Sec. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 662, Sec. 15.02(b), eff. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (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. 91), Sec. TERRORISTIC THREAT. Jan. 1, 1974. 685 (H.B. (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. 2, eff. 1164), Sec. 505 N Frazier St. Conroe , TX. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 1.01, eff. September 1, 2019. Sept. 1, 2003. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Can You Get a Bail Bond for a Felony Charge in Texas? 2.04, eff. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. 1, eff. 14.829, eff. 1, eff. 467 (H.B. (B) the victim was a nondisabled or disabled child at the time of the offense. 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. 1.01, eff. September 1, 2005. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Sec. 1576), Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 3019), Sec. 620 (S.B. This 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. Amended by Acts 1979, 66th Leg., p. 1114, 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. If youve been charged with a crime, call us today. If you have been arrested Schedule Your (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. 22.09. Amended by Acts 1979, 66th Leg., p. 367, ch. 1095), Sec. 399, Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Start here to find criminal defense lawyers near you. Bail percentages can vary by state & be as low as 5% or even as high as 20%. 4, eff. 1, eff. 1 to 3, eff. 481, Sec. 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. 6), Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. (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. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. 8.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. 1038 (H.B. (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. Sept. 1, 1997; Acts 1999, 76th 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. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. Punishment for Assault. Are the permanently disfigured? June 11, 2009. 1, eff. 1 (S.B. September 1, 2009. This field is for validation purposes and should be left unchanged. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Bail for third-degree felonies is usually around $1,500 to $5,000. 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. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Broken bones or permanent scarring would be considered a serious bodily injury. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (1) "Child" means a person younger than 17 years of age. 79, Sec. (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. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. (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. Jan. 1, 1974. 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). Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 543 (H.B. 1, eff. Nothing on this website should be considered valid legal advice, nor is it intended to be. Acts 2015, 84th Leg., R.S., Ch. Bail jumping of a felony arrest. September 1, 2005. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. Acts 2009, 81st Leg., R.S., Ch. (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. September 1, 2005. Class B misdemeanor: Up to 180 days in jail and a fine (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor.
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