440 (H.B. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. 784 (H.B. What if the criminal mental state can be proven by the prosecutor? He is the founder of The Benavides Law Group. 135, Sec. Acts 2011, 82nd Leg., R.S., 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. 42A.051, 42A.102; Tex. 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. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 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. Acts 2017, 85th Leg., R.S., Ch. 21.002(14), eff. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 22.11. 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. Examples include a firearm, hunting knife, rope, or even a baseball bat. 1, eff. 1549), Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Acts 2019, 86th Leg., R.S., Ch. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1.01, eff. 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. Phone:817-839-3965 Fort Wort Address:115 W 2nd St #201, Fort Worth, TX 76102 Arlington Address: 4275 Little Road Suite 205, 9, Arlington, TX 76016 Southlake Address: 771 E Southlake, Suite 105, Southlake, TX 76092, North Richland Hills | Arlington |Mansfield | Euless | Bedford | Keller | Grand Prairie | Burleson | Grapevine | Colleyville | Southlake, Aggravated Assault Deadly Weapon - A Former DA Explains How to Beat Your Case! Sept. 1, 1999; Acts 1999, 76th Leg., ch. 6, eff. 1101, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. (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. 495), Sec. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. Lets break down the parts of that definition. He was originally indicted on five felony September 1, 2009. 620, Sec. 528, Sec. Acts 2007, 80th Leg., R.S., Ch. 728 (H.B. Penal Code 12.42, 12.43 (2022).). Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. Aggravated assault is a crime of violence. Acts 2017, 85th Leg., R.S., Ch. 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. The estimated bail amount in such cases can be more than $500,000. 875 (H.B. 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. Added by Acts 2003, 78th Leg., ch. Penal Code 12.21, 12.34, 22.05 (2022).). 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. 1, eff. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. September 1, 2021. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. 22.041. 1, 2, eff. 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. September 1, 2009. 6.05, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 685 (H.B. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. 27, eff. 388, Sec. Sec. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. 1, eff. arts. Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 284(23) to (26), eff. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. Sept. 1, 2003. Recklessness is acting with a conscious disregard to the results of that action. September 1, 2017. 3, eff. Acts 2021, 87th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. 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. 2, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. How much bail costs normally depends on the charge that the defendant is facing. 573, Sec. 1259), Sec. 29, 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. 2, Sec. 29), Sec. WebA bail hearing is every defendants right. 22.06. Acts 2019, 86th Leg., R.S., Ch. If you have been arrested Schedule Your These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 7, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 139, Sec. (1) "Family" has the meaning assigned by Section 71.003, Family Code. A No Bill is the equivalent of a dismissal of your aggravated assault charges. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. Sept. 1, 1994; Acts 2003, 78th Leg., ch. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 1, eff. 1.01, eff. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. (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. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. TAMPERING WITH CONSUMER PRODUCT. What are the punishments for Aggravated Assault in Texas? 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. 623 (H.B. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 335, Sec. 1306), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. His bail has been set at $100,000. September 1, 2011. (e) An offense under Subsection (a) is a Class A misdemeanor. 2, eff. 33, eff. 1354), Sec. 22.01. 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. 878, Sec. 1158, Sec. September 1, 2005. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Aggravated Assault is a serious crime under Texas law. (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. September 1, 2017. For example, were they permanently crippled? Never believe anything you read on the internet, even if it is found on a law related blog. Acts 2005, 79th Leg., Ch. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. (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. 1, eff. 27.01, 31.01(68), eff. Acts 1973, 63rd Leg., p. 883, ch. AGGRAVATED ASSAULT. 505 N Frazier St. Conroe , TX. Sept. 1, 2003. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. An offense under Subsection (c) is a felony of the third degree. (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. 165, Sec. Here is where aggravated assault charges can get a little crazy. (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. AIDING SUICIDE. 768), Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. 1415, Sec. 1286), Sec. (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. 2.04, eff. 1306), Sec. Lets give you an example of a bail bond amount. As an alternative to jail or prison, a judge may authorize community supervision (probation) for offenders who are sentenced for misdemeanors or felonies with less than 10 years of incarceration. (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. (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. 2908), Sec. Jan. 1, 1974. 399, Sec. 14.829, eff. September 1, 2007. 2, eff. Your permanent record will be negatively affected. (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. 4170), Sec. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 273, Sec. 22.011. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. 1, eff. (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, 2005. 734 (H.B. 1286, Sec. 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). 955 (S.B. Lic.# 0022. Sometimes a person can be released on their own recognizance without posting bail. 896, Sec. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. 1, eff. Examples: Aggravated perjury. C.C.P. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch.
March 14, 2023