4.02, eff. (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. September 1, 2017. August 1, 2005. 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. Can You Get a Bail Bond for a Felony Charge in Texas? 1, eff. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1306), Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 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. 2018), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. September 1, 2005. Acts 1973, 63rd Leg., p. 883, ch. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. 1, eff. 399, Sec. 6, eff. (b) An offense under this section is a felony of the third degree. Sept. 1, 1994; Acts 1995, 74th Leg., ch. TAMPERING WITH CONSUMER PRODUCT. 12, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. 187 (S.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003. 1, eff. (b) An offense under this section is a Class C misdemeanor. Contact our office today for a free initial consultation and learn what options are available to you. Do not delay. 977, Sec. 282 (H.B. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 809, Sec. 2, eff. 5, eff. 361 (H.B. (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. 318, Sec. (Tex. Repeat felony and misdemeanor offenders can face enhanced sentences, such as an increased felony level (third-degree moves up to second-degree) or mandatory minimums (a minimum of 90 days in jail or 15 years' prison time). 184), Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1038 (H.B. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 273 (H.B. 22.012. 5, eff. 1, eff. September 1, 2011. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Examples include a firearm, hunting knife, rope, or even a baseball bat. Penal Code Ann. 1306), Sec. (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. A King County judge granted pre-trial release to a man accused of killing one person and shooting six others in the Jan. 2020 mass shooting in downtown Seattle. 1, eff. 1, eff. 24, eff. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, 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. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 1095), Sec. 357, Sec. 3, eff. 1, eff. 1808), Sec. September 1, 2017. 620, Sec. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 1, eff. 2, eff. (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 2011, 82nd Leg., R.S., Ch. September 1, 2011. September 1, 2015. 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. In some states, the information on this website may be considered a lawyer referral service. 164, Sec. 2, eff. September 1, 2015. When the conduct is engaged in recklessly, the offense is a state jail felony. C.C.P. 1, eff. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 6.05, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 5, eff. (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. TERRORISTIC THREAT. Acts 2015, 84th Leg., R.S., Ch. WebThe current Texas law defines the offense of Aggravated Sexual Assault in Penal Code Section 22.021 as follows: [1] (a) A person commits an offense: (1) if the person: (A) intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of another person by any means, without that persons consent; Jan. 1, 1974. 977, Sec. 22.10. Amended by Acts 1989, 71st Leg., ch. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. September 1, 2007. September 1, 2017. (2021). (2) "Spouse" means a person who is legally married to another. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Sec. AGGRAVATED ASSAULT. 620 (S.B. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. Sec. 27.01, 31.01(68), eff. 467 (H.B. We find many media outlets and reporters and bloggers wanting to quote his blog at EricBenavides.com or our blog at HoustonCriminalAttorney.us, and in order to further facilitate these media mentions, our owner has commissioned this 2nd legal blog here at TakingCareOfTexas.org. 16.002, eff. 1, 2, eff. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. Victim is a public servant or security officer working in his or her line of duty. 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. 977, Sec. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. (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. (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. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. 1019, Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 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. 2, eff. (3) "Household" has the meaning assigned by Section 71.005, Family Code. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. 318, Sec. (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. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 318, Sec. (e) An offense under this section is a felony of the first degree. Amended by Acts 1993, 73rd Leg., ch. 11, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 2066), Sec. 1, eff. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 659, Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 2240), 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. 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. 2, eff. 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. September 1, 2005. Escape from felony custody. (Tex. 399, Sec. 1, eff. Bail percentages can vary by state & be as low as 5% or even as high as 20%. Penal Code 12.21, 12.34, 22.05 (2022).). 21.001(39), eff. Acts 2019, 86th Leg., R.S., Ch. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Barnes remained in jail as of Monday, according to court records. 495), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (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. 1.01, eff. (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. 2908), Sec. 719 (H.B. (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. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 1808), Sec. 22.09. 7, eff. 2, eff. (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). 461 (H.B. September 1, 2017. (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. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. Acts 2009, 81st Leg., R.S., Ch. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 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. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. Sept. 1, 1999. 164, Sec. 62, Sec. September 1, 2021. 366, Sec. 3, eff. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 388, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Acts 2017, 85th Leg., R.S., Ch. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 2589), Sec. Sept. 1, 1994. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. Acts 2017, 85th Leg., R.S., Ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (2) uses or exhibits a deadly weapon during the commission of the assault. 4170), Sec. September 1, 2015. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 79, Sec. 900, Sec. Jan. 1, 1974. Acts 2015, 84th Leg., R.S., Ch. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (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. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 21.002(14), eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 1576), Sec. 24), Sec. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. (a) A person commits an offense if the person commits assault as defined in Sec. September 1, 2011. 549), Sec. (1) "Child" means a person younger than 17 years of age. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 939, Sec. 34, eff. 1, eff. 1549), 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. Sept. 1, 1999; Acts 2003, 78th Leg., 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. Call today for afree case review. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. 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.. 1, eff. 273, Sec. 4170), Sec. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (Tex. 334, Sec. Yes! (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. 3, eff. 1, eff. 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. 1286, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Amended by Acts 1985, 69th Leg., ch. (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. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. 728 (H.B. 3, eff. 22.041. Sec. 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. (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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. (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. September 1, 2019. 6), Sec. (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. How much bail costs normally depends on the charge that the defendant is facing. Sept. 1, 1983. Acts 2017, 85th Leg., R.S., Ch. Sec. Sept. 1, 1985. Texas Criminal Attorneys Taking Care of Texas Blawg. September 1, 2021. Aug. 27, 1979; Acts 1993, 73rd 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.
