(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. An offense under Subsection (b) is a felony of the third degree. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 22.01 (Assault) and the person: (1) causes Intoxication assault. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 165, Sec. 284 (S.B. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. 22.021. 2.017, eff. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. What are the punishments for Aggravated Assault in Texas? The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. September 1, 2015. September 1, 2009. 318, Sec. If the assault is classified as a Class B misdemeanor, the penalty is a maximum fine of up to $2,000 and/or up to 6 months in jail. Bowie County man, 30, accused of aggravated sexual assault of a 1, eff. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally, knowingly or recklessly causing serious bodily injury to another person, or, using or exhibiting a deadly weapon in the course of committing, the offender uses a deadly weapon in committing, the aggravated assault is committed by or against a public servant, such as a state worker or city counselor acting in their official capacity, the offender commits aggravated assault in retaliation against a witness, informant, or a person who reported a crime, or. Aggravated assault is normally a second-degree felony. Acts 2021, 87th Leg., R.S., Ch. 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. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1.01, eff. Search Texas Statutes. Broken bones or permanent scarring would be considered a serious bodily injury. 900, Sec. (3) 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. 728 (H.B. Anywhere between $5,000 and $50,000 is a reasonable range. AIDING SUICIDE. (C) in discharging the firearm, causes serious bodily injury to any person. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 22.10. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 2, eff. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 459, Sec. (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. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 528, Sec. 822, Sec. (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. 2, eff. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. 788 (S.B. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. (c) 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. 939, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 34 (S.B. 1, 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. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Attempted Murder Amended by Acts 1977, 65th Leg., p. 2067, ch. 3, eff. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. (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. (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. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 461 (H.B. While states define and penalize aggravated assault differently, most punish these crimes 21.002(14), eff. 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. 273, Sec. Acts 2021, 87th Leg., R.S., Ch. September 1, 2009. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. Bail percentages may be negotiable, so you should ask your bondsman. (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. 223, Sec. Deadly conduct with a firearm. 6), Sec. A Class A misdemeanor is the least serious of these charges. 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.. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. September 1, 2005. 1 to 3, eff. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. 840 (H.B. If youve been charged with a crime, call us today. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. The penalty increases to a third-degree felony if it involves discharging a firearm. Yes! 1101, Sec. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 62, Sec. Woods Cross police officer charged with aggravated assault in Sec. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. Texas Sex Offenses 553, Sec. (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. Bail percentages can vary by state & be as low as 5% or even as high as 20%. (2) "Elderly individual" means a person 65 years of age or older. 1.01, eff. Sec. In Texas, a person who threatens, causes, or recklessly places another at risk of serious bodily injury can face charges of aggravated assault or deadly conductboth of which carry felony penalties and the possibility of prison time. 1, eff. 1, eff. Jan. 1, 1974. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Added by Acts 1983, 68th Leg., p. 5312, ch. AGGRAVATED SEXUAL ASSAULT. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES Added by Acts 2003, 78th Leg., ch. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 15.02(a), eff. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (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. Acts 2009, 81st Leg., R.S., Ch. (C) the victim is an elderly individual or a disabled individual. (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. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. Sept. 1, 1983. (1) "Child" means a person younger than 17 years of age. 16, Sec. 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. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 2.04, eff. (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. Examples include a firearm, hunting knife, rope, or even a baseball bat. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. 3019), Sec. 27.01, 31.01(68), eff. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 873 (S.B. 33, eff. 1, eff. 446, Sec. 1576), Sec. 604, Sec. 2, eff. (Tex. 528, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 788 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Woman accused of killing terminally ill husband in hospital released Sec. 22.041. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. 549), Sec. Texas Aggravated September 1, 2021. September 1, 2007. September 1, 2021. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Sept. 1, 2003. (2) not attended by an individual in the vehicle who is 14 years of age or older. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (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. 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. He was originally indicted on five felony 643), Sec. 3, eff. (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. 1, eff. 1354), Sec. 497, Sec. A No Bill is the equivalent of a dismissal of your aggravated assault charges. (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. 1.125(a), eff. 1158, Sec. Indecent exposure to a child. 1.01, eff. 1, eff. 24), Sec. 1576), Sec. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 461 (H.B. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 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. Nothing on this website should be considered valid legal advice, nor is it intended to be. 875 (H.B. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. (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. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. September 1, 2017. Sec. Acts 2009, 81st Leg., R.S., Ch. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1808), Sec. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 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. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. September 1, 2013. Added by Acts 1985, 69th Leg., ch. 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. 819, Sec. Escape from felony custody. Sec. 788 (S.B. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. 19, eff. Texas Assault Charge: Simple & Aggravated Assault Acts 2005, 79th Leg., Ch. 751 (H.B. 1808), Sec. Feb. 1, 2004. 1549), Sec. 1, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Sept. 1, 1983. Bail jumping of a felony arrest. 719 (H.B. How much bail costs normally depends on the charge that the defendant is facing. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 977, Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 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.