3, eff. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. September 1, 2007. Indecent exposure to a child. April 14, 1987; Acts 1987, 70th Leg., ch. a fine of up to $10,000. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. 875 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 593 (H.B. Barnes remained in jail as of Monday, according to court records. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Bail percentages can vary by state & be as low as 5% or even as high as 20%. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 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. 2, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. September 1, 2011. 1, eff. September 1, 2015. 21.001(39), eff. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2066), Sec. 164, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. 14.829, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2007. Sept. 1, 1994; Acts 1997, 75th Leg., ch. September 1, 2021. Sec. 399, Sec. 334, Sec. 788 (S.B. (2021). 76, Sec. (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. Jan. 1, 1974. As a practical matter, the grand jury reviews cases and, if they have the opportunity to hear both sides of what took place, they may come to a different conclusion than the police and the alleged victim. Acts 2009, 81st Leg., R.S., Ch. 1029, Sec. 900, Sec. 1, eff. (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. (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. 643), Sec. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. 22.011. Sept. 1, 1994. (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, 2021. 22.10. 1019, Sec. 949 (H.B. 1052, Sec. (b) An offense under this section is a Class A misdemeanor. 1, eff. Amended by Acts 1989, 71st Leg., ch. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. Anywhere between $5,000 and $50,000 is a reasonable range. His bail has been set at $100,000. 2, eff. Amended by Acts 1979, 66th Leg., p. 367, ch. Acts 2017, 85th Leg., R.S., Ch. 904, Sec. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 1.01, eff. 16.002, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. 29, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. Sept. 1, 1999. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. WebTexas Penal Code Sec. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 5, eff. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 2, eff. 549), Sec. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. 1, eff. 260 (H.B. He is the founder of The Benavides Law Group. 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). 1, eff. 768), Sec. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (1) "Child" means a person younger than 17 years of age. Penal Code 12.21, 12.34, 22.05 (2022).). 2, eff. (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. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. September 1, 2021. Acts 2005, 79th Leg., Ch. 902), Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. (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. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. 135, Sec. September 1, 2017. September 1, 2005. In this case, they can still be released from jail. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 91), Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. (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. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 1038 (H.B. Jan. 1, 1974. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. (B) the victim was a nondisabled or disabled child at the time of the offense. 399, Sec. Sept. 1, 2003. (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. September 1, 2019. (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. 784 (H.B. 8), Sec. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1306), Sec. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. This Acts 2011, 82nd Leg., R.S., Ch. 4.02, eff. (d) The defense provided by Section 22.011(d) applies to this section. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Texas Sexting Laws Acts 2017, 85th Leg., R.S., Ch. What are the punishments for Aggravated Assault in Texas? Acts 1973, 63rd Leg., p. 883, ch. September 1, 2005. 19, eff. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. September 1, 2005. September 1, 2021. 1, eff. 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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 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. Texas GOP may censure Tony Gonzales over votes on gay marriage, guns, At least 13 mayors arrested on child sex crimes since 2021 | Fox News, Man guilty of sexually abusing girl in Lubbock gets 25 years in prison - KLBK, causes serious bodily injury to another, including his or her spouse or, uses or exhibits a deadly weapon during the commission of an Assault. Acts 2021, 87th Leg., R.S., Ch. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. Acts 2005, 79th Leg., Ch. (936) 539-4444. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 788 (S.B. 1.01, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. 620 (S.B. 1, eff. APPLICABILITY TO CERTAIN CONDUCT. 14, Sec. 1, eff. 446, Sec. 268 (S.B. Sept. 1, 2001. The offense becomes a first-degree felony when any of the following Texas Criminal Attorneys Taking Care of Texas Blawg. It includes Class C misdemeanors committed with deadly weapons. Sec. 1, 2, eff. 22.07. In some states, the information on this website may be considered a lawyer referral service. 2, eff. 1, eff. 1, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 1286), Sec. Oct. 2, 1984. 3, eff. September 1, 2017. Acts 2005, 79th Leg., Ch. 162, Sec. Sept. 1, 2003. (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. Jan. 1, 1974. 24, eff. Acts 2005, 79th Leg., Ch. 1259), Sec. 3, eff. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 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. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 1, eff. 955 (S.B. 184), Sec. Acts 2007, 80th Leg., R.S., Ch. 399, Sec. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. 4, eff. 495), Sec. 7, eff. Penal Code 1.07, 22.01, 22.02 (2022).). 903, Sec. 946), Sec. Sec. 751 (H.B. When the conduct is engaged in recklessly, the offense is a state jail felony. 284(32), eff. 22.05. 318, Sec. 2, eff. 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. 335, Sec. September 1, 2009.

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