Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 900, Sec. Texas September 1, 2017. Examples: Aggravated perjury. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. 399, Sec. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. 1, eff. Penal Code 12.42, 12.43 (2022).). Aggravated Assault with a Deadly Weapon: Texas Laws and (3) "Household" has the meaning assigned by Section 71.005, Family Code. 3, eff. Aggravated assault is a crime of violence. 1, eff. (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. When the conduct is engaged in recklessly, the offense is a state jail felony. 42A.051, 42A.102; Tex. Acts 2017, 85th Leg., R.S., Ch. Recklessness is acting with a conscious disregard to the results of that action. Amended by Acts 1985, 69th Leg., ch. 427 (H.B. (2) not attended by an individual in the vehicle who is 14 years of age or older. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2021. (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. If youve been charged with a crime, call us today. 977, Sec. 24), Sec. Acts 2005, 79th Leg., Ch. Assault Family Violence Texas Punishment September 1, 2007. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 5, eff. 155, Sec. 22.12. 335, Sec. 4.02, eff. September 1, 2017. While states define and penalize aggravated assault differently, most punish these crimes 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. (2) "Spouse" means a person who is legally married to another. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. 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. Sept. 1, 1983. 1808), Sec. 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. Let us start building your defense. Can You Get a Bail Bond for a Felony Charge in Texas? Sept. 1, 1997; Acts 1999, 76th Leg., ch. 366, Sec. 164, Sec. 751 (H.B. Lets give you an example of a bail bond amount. 788 (S.B. 2, eff. 1158, Sec. Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1.01, eff. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. (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. Texas Criminal Attorneys Taking Care of Texas Blawg. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Sec. Aggravated Assault Texas Jail Time, Punishment, Fines 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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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. 685 (H.B. September 1, 2019. 2.017, eff. 1.01, eff. 497, Sec. 3, eff. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Acts 2009, 81st Leg., R.S., Ch. Oct. 2, 1984. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Sept. 1, 1985. 4, eff. 1, eff. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 24, eff. Victim is a public servant or security officer working in his or her line of duty. Acts 2005, 79th Leg., Ch. Penal Code 1.07, 22.01, 22.02 (2022).). Texas Aggravated Sept. 1, 1994. 22.07. 79, Sec. (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. Bail Has Been "Reformed" in Texas: What You Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Aggravated Assault Bonds Houston | Access Bonding Service September 1, 2021. 1, eff. 417, Sec. 620 (S.B. 791, Sec. (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. September 1, 2015. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 165, Sec. Acts 2021, 87th Leg., R.S., Ch. 495), Sec. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. (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. Acts 2007, 80th Leg., R.S., Ch. 2, eff. (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. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. 139, Sec. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. (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. 900, Sec. SEXUAL ASSAULT. (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. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 1101, Sec. 1, 2, eff. His bail has been set at $100,000. 2.04, eff. 1576), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 2003. September 1, 2021. 2, eff. 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. (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. Acts 2005, 79th Leg., Ch. 2, eff. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person.
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