Penal Code Ann. Can You Get a Bail Bond for a Felony Charge in Texas? (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 22.01 (Assault) and the person: (1) causes Never believe anything you read on the internet, even if it is found on a law related blog. September 1, 2015. 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. September 1, 2021. (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. 481, Sec. Average Bail Amounts by Crime How much is bail for Amended by Acts 1993, 73rd Leg., ch. 8.139, eff. 417, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. August 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Amended by Acts 2003, 78th 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. Added by Acts 1983, 68th Leg., p. 2812, ch. Acts 2005, 79th Leg., Ch. An offense under Subsection (c) is a felony of the third degree. 1, eff. (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. Sec. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. Sec. Acts 2021, 87th Leg., R.S., Ch. 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. Can I Get a Bail Bond for a Felony Charge in Texas? (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. September 1, 2007. 2, eff. When the conduct is engaged in recklessly, the offense is a state jail felony. (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. (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. His bail has been set at $100,000. Sec. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. Texas Sexting Laws Acts 2015, 84th Leg., R.S., Ch. In this case, they can still be released from jail. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Lets give you an example of a bail bond amount. (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. It is a finding that establishes you have been exonerated of the charges and provides the opportunity to have your criminal case file and arrest expunged from your criminal record. Simple Assault vs. Aggravated Assault in Texas 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; 1, eff. 2 min read. (B) who otherwise 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. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Possibility of community supervision. 528, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1259), Sec. September 1, 2005. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 282 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. WebTwo to ten years in prison and possible fine not to exceed $10,000. 1, eff. 2, eff. Texas Assault Charge: Simple & Aggravated Assault 977, Sec. Bail September 1, 2017. 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. (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, 1991; Acts 1991, 72nd Leg., ch. 662, Sec. September 1, 2009. 705), Sec. Attempted Murder Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 667), Sec. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 4.02, eff. 1087, Sec. September 1, 2017. (2) "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. 1101, Sec. Nothing on this website should be considered valid legal advice, nor is it intended to be. 1019, Sec. 2, eff. 900, Sec. September 1, 2011. 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. It can be charged as a first-degree felony, with imprisonment of 99 years to life, if the assault is committed against a member of your family or household, someone with whom you have 1576), Sec. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sec. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. September 1, 2021. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. (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. 1095), Sec. 3, eff. 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. 28, eff. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. September 1, 2005. If youve been charged with a crime, call us today. (2) not attended by an individual in the vehicle who is 14 years of age or older. 16.002, eff. 822, Sec. TERRORISTIC THREAT. Victim is a public servant or security officer working in his or her line of duty. 467 (H.B. 946), Sec. 784 (H.B. Sec. 7, eff. That includes charges of physically touching the victim or issuing a threat. 1 (S.B. How Much Is Bail for a Felony in Philadelphia?: Long Law Firm 7, eff. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 6), Sec. 1, eff. The attorney listings on this site are paid attorney advertising. 4, eff. 1, eff. Second-degree felony charge result in a maximum of 20 years in prison. 685 (H.B. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. Sept. 1, 1983. 1, eff. Barnes remained in jail as of Monday, according to court records. 1, eff. 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. When the conduct is engaged in recklessly, the offense is a felony of the second degree. September 1, 2021. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 2240), Sec. Jul 14, 2020. 1.18, eff. 904, Sec. 5, eff. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. September 1, 2005. 318, Sec. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. WebTexas Penal Code Sec. 14, Sec. 3, eff. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. 1029, Sec. 875 (H.B. Sept. 1, 1983. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. 318, Sec. (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. 2, eff. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. (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. (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. 22.01. 33, eff. A capital felony includes espionage, treason, or premeditated murder. Added by Acts 1985, 69th Leg., ch. September 1, 2017. 15.02(a), eff. September 1, 2013. 22.011. September 1, 2009. 977, Sec. DEADLY CONDUCT. 1286), Sec. 176), Sec. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 79, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. 361 (H.B. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. September 1, 2005. Sept. 1, 2003; Acts 2003, 78th Leg., ch. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 2, eff. (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. 18, eff. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. Reenacted and amended by Acts 2005, 79th Leg., Ch. 446, Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. 1.01, eff. 1031, Sec. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.