Acts 2009, 81st Leg., R.S., Ch. 1038 (H.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. How much bail costs normally depends on the charge that the defendant is facing. Acts 2015, 84th Leg., R.S., Ch. 3019), Sec. 739, Sec. 361 (H.B. This 2, eff. 34, eff. Contact our office today for a free initial consultation and learn what options are available to you. 594 (H.B. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 2, eff. Can You Get a Bail Bond for a Felony Charge in Texas? 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. September 1, 2005. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 268 (S.B. Acts 2009, 81st Leg., R.S., Ch. (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. Added by Acts 1985, 69th Leg., ch. 22.041. (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. 1.01, eff. September 1, 2005. 1.01, eff. 1019, Sec. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. 165, Sec. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 1, eff. 27.01, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. 22.01 (Assault) and the person: (1) causes (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. 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. (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. 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. 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. (1) "Family" has the meaning assigned by Section 71.003, Family Code. September 1, 2015. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Amended by Acts 1989, 71st Leg., ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to If youve been charged with a crime, call us today. 11, eff. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. 1286, Sec. 5, eff. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. (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. 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. 2.04, eff. 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. Bail percentages can vary by state & be as low as 5% or even as high as 20%. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. Added by Acts 1983, 68th Leg., p. 5312, ch. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 Sept. 1, 2003; Acts 2003, 78th Leg., 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. 2, eff. 1, eff. arts. 946), Sec. 900, Sec. (e) An offense under this section is a felony of the first degree. Reenacted and amended by Acts 2005, 79th Leg., Ch. 1, 2, eff. 1, eff. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 29), Sec. September 1, 2017. Amended by Acts 1993, 73rd Leg., ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. APPLICABILITY TO CERTAIN CONDUCT. Sec. 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. Call today for afree case review. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 1549), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. September 1, 2007. 1, eff. (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. 1006, Sec. Sept. 1, 2003. 12, 13, eff. Sept. 1, 1994. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. (Tex. 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. 294, Sec. Acts 1973, 63rd Leg., p. 883, ch. He was originally indicted on five felony (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 2, eff. For instance, they might promise to appear when summoned for trial. 29, eff. 1, eff. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 528, Sec. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 623 (H.B. 553, Sec. In some states, the information on this website may be considered a lawyer referral service. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. (8) a person the actor knows is pregnant at the time of the offense. Texas Penal Code 1.07(46) defines serious bodily injury as follows: Texas Penal Code Section 1.07(17) defines a deadly weapon as: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. 1102, Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 2, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. It can be classified as simple and aggravated assault. 1576), Sec. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. In Texas, aggravated sexual assault is always a first-degree felony. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Sec. 1, eff. 27, eff. 7, eff. 728 (H.B. 1, eff. 1038 (H.B. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. (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. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. 6, eff. (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. (C) in discharging the firearm, causes serious bodily injury to any person. Acts 2021, 87th Leg., R.S., Ch. 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. 977, Sec. A capital felony includes espionage, treason, or premeditated murder. 6.05, eff. Acts 2017, 85th Leg., R.S., Ch. (b) An offense under this section is a Class C misdemeanor. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 1.01, eff. (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. 1354), Sec. 28, eff. (Tex. 461 (H.B. 1, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. April 14, 1987; Acts 1987, 70th Leg., ch. An offense under Subsection (b) is a felony of the third degree. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. a fine of up to $10,000. Sept. 1, 1981; 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. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 1028, Sec. 1286), Sec. 791, Sec. 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. 1, eff. His bail has been set at $100,000. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. Oct. 2, 1984. 530, Sec. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1095), Sec. Jan. 1, 1974. September 1, 2005. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. September 1, 2009. WebA bail hearing is every defendants right. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. Acts 2007, 80th Leg., R.S., Ch. 1, 2, eff. 335, Sec. 900, Sec. September 1, 2009. 8.139, eff. 33, eff. 659, Sec. 1, eff. (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. 1, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 357, Sec. September 1, 2011. 549), Sec. Never believe anything you read on the internet, even if it is found on a law related blog. September 1, 2017. 719 (H.B. 1576), Sec. 318, Sec. 3, eff. Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. 1101, Sec. 2240), Sec. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 1, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 2003. Sept. 1, 1997; Acts 1995, 74th Leg., ch. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). The penalties for assault on a family member can vary depending on what level of charge was brought against you. 165, Sec. Sept. 1, 2001. In Texas, aggravated sexual assault is always a first-degree 549), Sec. 662, Sec. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. 667), Sec. (2) is committed against a public servant. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 481, Sec. SEXUAL ASSAULT. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. September 1, 2005. 34 (S.B. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines.