If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. If the total bail amount is $30,000, the bail bond agent will require you to pay them $3,000 to post bond on your behalf. Acts 2017, 85th Leg., R.S., Ch. (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. 164, Sec. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 461 (H.B. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 91), Sec. 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. (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. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 2, eff. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. (f) An offense under Subsection (c) is a state jail felony. While states define and penalize aggravated assault differently, most punish these crimes Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Acts 2005, 79th Leg., Ch. (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). Examples include a firearm, hunting knife, rope, or even a baseball bat. Here is where aggravated assault charges can get a little crazy. Sometimes a person can be released on their own recognizance without posting bail. 1.01, eff. 14, Sec. September 1, 2005. 900, Sec. (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. If you have been arrested Schedule Your The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. Acts 2021, 87th Leg., R.S., Ch. 505 N Frazier St. Conroe , TX. Feb. 1, 2004. 665 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. 29, eff. Sept. 1, 1994. There are various factors that influence the decision of the judge when setting the total bail bond amount. Acts 2009, 81st Leg., R.S., Ch. ASSAULT. September 1, 2011. 22.04. (1) "Child" means a person 14 years of age or younger. 2, eff. Bail percentages may be negotiable, so you should ask your bondsman. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. 655, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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). Sec. 1164), Sec. 318, Sec. (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. 1, eff. 1028, Sec. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sec. 1 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. It includes Class C misdemeanors committed with deadly weapons. 1, eff. 2066), Sec. 1, eff. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. SEXUAL ASSAULT. 22.021. Bail for third-degree felonies is usually around $1,500 to $5,000. 1420, Sec. 3, eff. 1095), Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 900, Sec. Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Under Texas law, you can be charged with Aggravated Assault if you exhibited a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. (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. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Reenacted and amended by Acts 2005, 79th Leg., Ch. 2589), Sec. 738 (H.B. 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. 7, eff. September 1, 2005. 22.10. 184), Sec. 12, eff. September 1, 2019. Indecent exposure to a child. 1, eff. Sept. 1, 1999. (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. 2.017, eff. 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. 11, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. arts. 1, eff. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 46, eff. 2018), Sec. He was originally indicted on five felony Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. September 1, 2021. 21.001(39), eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. September 1, 2021. 1019, Sec. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. September 1, 2011. 318, Sec. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 1576), Sec. Acts 2011, 82nd Leg., R.S., Ch. causes impairment of the function of a body part or organ. 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. Acts 2005, 79th Leg., Ch. (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. 788 (S.B. 2, eff. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 2 min read. Texas Criminal Attorneys Taking Care of Texas Blawg. 788 (S.B. 584 (S.B. 643), Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. How Much Is Bail for a Felony in Philadelphia? Acts 2017, 85th Leg., R.S., Ch. 1, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Texas Criminal Attorneys Taking Care of Texas Blawg. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 September 1, 2021. 900, 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. Misdemeanor assault charge penalties in Texas. 900, Sec. 16.002, eff. 1306), Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Acts 2019, 86th Leg., R.S., Ch. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the (2021). September 1, 2015. Aggravated Assault is a serious crime under Texas law. Sept. 1, 2003. 1, 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. (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. A capital felony includes espionage, treason, or premeditated murder. 840 (H.B. 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. (2) uses or exhibits a deadly weapon during the commission of the assault. 549), Sec. Your permanent record will be negatively affected. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1259), Sec. 728 (H.B. The fine for this felony can be a maximum of $1,500. Acts 2009, 81st Leg., R.S., Ch. 24), Sec. September 1, 2019. 2, eff. According to Tex. Sept. 1, 1983. September 1, 2017. 7, eff. Penal Code 12.21, 12.34, 22.05 (2022).). 16.003, eff. 334, Sec. 549), Sec. (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. September 1, 2021. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. 1, eff. 1259), Sec. 1, eff. 1, eff. Sept. 1, 1999. Was this reckless behavior under Texas criminal law? September 1, 2009. 1808), Sec. A Class A misdemeanor is the least serious of these charges. Acts 2013, 83rd Leg., R.S., Ch. 878, Sec. (Tex. Acts 1973, 63rd Leg., p. 883, ch. (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 427 (H.B. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 3, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. His bail has been set at $100,000. 34 (S.B. Are the permanently disfigured? 440 (H.B. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. 34 (S.B. 29), Sec. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 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. WebIn Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. APPLICABILITY TO CERTAIN CONDUCT. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. Web(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 Sept. 1, 1997; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 8), Sec. (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. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. September 1, 2017. (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. Punishment for Assault. 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. 719 (H.B. Sept. 1, 1999; Acts 1999, 76th Leg., ch. In some states, the information on this website may be considered a lawyer referral service. September 1, 2005. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (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. 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. Jan. 1, 1974. (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. Acts 2009, 81st Leg., R.S., Ch. (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. 2, eff. 528, Sec. 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. 79, Sec. (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. AIDING SUICIDE. (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. Acts 2007, 80th Leg., R.S., Ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 620 (S.B. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Any interaction that has physical contact that causes harm to the other person is considered assault. 202, Sec. AGGRAVATED SEXUAL ASSAULT. 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) not attended by an individual in the vehicle who is 14 years of age or older. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after 22.041. (2) uses or exhibits a deadly weapon during the commission of the assault. September 1, 2021. 1, eff. Recklessness is acting with a conscious disregard to the results of that action. An offense under Subsection (b) is a felony of the third degree. 1.01, eff. He is the founder of The Benavides Law Group. September 1, 2017. His bail has been set at $100,000. 22.08. 2023 So, how much is bail for assault in Texas? Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorneys Office experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. 688), Sec. 1306), Sec. 2, eff. 3, eff. 260 (H.B. DEADLY CONDUCT. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. In the following 164, Sec. 1, eff. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Examples: Aggravated perjury. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Sept. 1, 1987; Acts 1989, 71st Leg., ch. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sept. 1, 2001. 705), Sec. Acts 2007, 80th Leg., R.S., Ch. 19, eff. 28, eff. Jan. 1, 1974. CLICK HERE FOR TITLE OR CONTRACT BONDS. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 459, Sec. September 1, 2005. September 1, 2011. 4170), Sec. 977, Sec. Updated: September 28, 2021; Original post: June 7, 2018. 16.002, eff. 260 (H.B. 194), Sec. (3) "Disabled individual" means a person older than 13 years of age who 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. April 14, 1987; Acts 1987, 70th Leg., ch. June 11, 2009. Sept. 1, 1983. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Acts 2009, 81st Leg., R.S., Ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 1, eff. Sec. 667), Sec. Jan. 1, 1974. 939, Sec. How much bail costs normally depends on the charge that the defendant is facing. 1, eff. 2908), Sec. Jul 14, 2020. 76, Sec. Barnes remained in jail as of Monday, according to court records. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 282 (H.B. (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. 467 (H.B. September 1, 2017. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person 1.01, eff. 18, Sec. Sec. Do not delay. September 1, 2007. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. 896, Sec. 1, eff. (a) A person commits an offense if the person commits assault as defined in 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. Added by Acts 1999, 76th Leg., ch. 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. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. Acts 2009, 81st Leg., R.S., 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. 268 (S.B. 22.05. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf.