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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. (b) An offense under this section is a Class A misdemeanor. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Typically, Aggravated Assault is charged as a Second or First Degree felony. 2552), Sec. September 1, 2005. 1808), Sec. 1, eff. 1286), Sec. September 1, 2015. Reenacted and amended by Acts 2005, 79th Leg., Ch. 2240), Sec. 2, eff. In fact, after the expiration of the statute of limitations, you will be eligible to file a petition for expunction to have your aggravated assault arrest and charges permanently deleted from your criminal record. 5, eff. Texas This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. This 1, eff. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1, eff. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. Class B misdemeanor: Up to 180 days in jail and a fine Crimes & Punishment in Texas State Court 734 (H.B. 505 N Frazier St. Conroe , TX. (1) "Child" means a person younger than 17 years of age. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. 268 (S.B. (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. Acts 2017, 85th Leg., R.S., Ch. arts. 16.002, eff. 22.11. 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. 294, Sec. 22.01. He was originally indicted on five felony Acts 2009, 81st Leg., R.S., Ch. (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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 977, Sec. 1, eff. 318, Sec. 19, eff. September 1, 2009. 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. Simple Assault vs. Aggravated Assault in Texas September 1, 2021. 18, eff. Sept. 1, 2003. 6, eff. 10, eff. 3607), Sec. The attorney listings on this site are paid attorney advertising. aggravated 659, Sec. September 1, 2009. 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, 1994; Acts 2003, 78th Leg., ch. 7, eff. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. Sept. 1, 1994; Acts 1995, 74th Leg., ch. INDECENT ASSAULT. 3, eff. (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. 1.01, eff. Your attorney will advise you on the best options available to fight back against your charges. (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, 2, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Jan. 1, 1974. 3, eff. 162, Sec. 751 (H.B. Sept. 1, 1994. (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. 399, Sec. (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. 6, eff. Sept. 1, 1994. How Much is Bail for Assault in Texas? - Bail Agent Network 738 (H.B. 11, eff. 1, 2, eff. Acts 2005, 79th Leg., Ch. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. 2589), Sec. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 719 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Sec. 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. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 1164), Sec. 399, Sec. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Bail 388, Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. Aggravated Assault is a serious crime under Texas law. (a) A person commits an offense if the person commits assault as defined in Sec. September 1, 2017. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 688), Sec. Texas Sex Offenses The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. 1, eff. Aggravated Assault Texas Jail Time, Punishment, Fines Contact our office today for a free initial consultation and learn what options are available to you. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 788 (S.B. September 1, 2013. Sec. (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. 318, Sec. (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. 1576), Sec. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. 459, Sec. 62, Sec. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. September 1, 2017. 1.01, eff. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. 719 (H.B. 1, eff. (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. 22.12. 1019, Sec. Webyou committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didnt specifically intend to kill anyone) A minimum of 2 and a maximum of 20 years in state prison; and/or. 688), Sec. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. (1) "Child" means a person 14 years of age or younger. Texas Assault Charge: Simple & Aggravated Assault September 1, 2005. 1576), Sec. (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. 977, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES September 1, 2017. (C) the victim is an elderly individual or a disabled individual. (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. 1019, Sec. 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. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. (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. ABANDONING OR ENDANGERING CHILD. 22.021. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. April 14, 1987; Acts 1987, 70th Leg., ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. 977, Sec. 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!

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