The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. 1, eff. 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! Added by Acts 2019, 86th Leg., R.S., Ch. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 900, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. 2, eff. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 900, Sec. 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. Sec. 1.01, eff. 788 (S.B. Recklessness is acting with a conscious disregard to the results of that action. 436 (S.B. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 16.002, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 21.001(39), eff. 34, eff. September 1, 2005. 728 (H.B. Sec. 91), Sec. 467 (H.B. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 1306), Sec. 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. (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. (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. 784 (H.B. Broken bones or permanent scarring would be considered a serious bodily injury. 417, Sec. 2, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. LEAVING A CHILD IN A VEHICLE. (b) An offense under this section is a felony of the second September 1, 2017. (8) a person the actor knows is pregnant at the time of the offense. 4, eff. 273 (H.B. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. (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. Sept. 1, 1985. 11, eff. 1, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. A Class A misdemeanor is the least serious of these charges. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to Acts 2011, 82nd Leg., R.S., Ch. St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after (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. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, 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. 3, eff. Misdemeanor assault charge penalties in Texas. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 91), Sec. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Barnes remained in jail as of Monday, according to court records. 388, Sec. Oct. 2, 1984. 176), Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (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. Bail percentages may be negotiable, so you should ask your bondsman. In some states, the information on this website may be considered a lawyer referral service. 623 (H.B. (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. April 14, 1987; Acts 1987, 70th Leg., ch. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. 1.18, eff. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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). 593 (H.B. 21.002(14), eff. (2021). 878, Sec. 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. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. 955 (S.B. 399, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Penal Code 12.42, 12.43 (2022).). 27.01, 31.01(68), eff. Acts 2017, 85th Leg., R.S., Ch. (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. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. (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. 28, eff. Amended by Acts 1977, 65th Leg., p. 2067, 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. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. It includes Class C misdemeanors committed with deadly weapons. 705), Sec. 949 (H.B. Aggravated Assault is a serious crime under Texas law. (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. 284(23) to (26), eff. 62, Sec. 22.011. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. Texas Sexting Laws 1575), Sec. ASSAULT. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 1, eff. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison. (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. 1158, Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. The estimated bail amount in such cases can be more than $500,000. 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. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Sometimes a person can be released on their own recognizance without posting bail. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. 46, eff. WebTexas Penal Code Sec. Feb. 1, 2004. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 318, 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. September 1, 2019. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. He was originally indicted on five felony 16, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. What if the criminal mental state can be proven by the prosecutor? 334, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (b) An offense under this section is a felony of the third degree. Aggravated assault is a crime of violence. 33, eff. 2, eff. 6, eff. (f) An offense under Subsection (c) is a state jail felony. 2, eff. An offense under Subsection (c) is a felony of the third degree. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Your attorney will advise you on the best options available to fight back against your charges. 187 (S.B. 22.012. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. (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, 2007. (2) uses or exhibits a deadly weapon during the commission of the assault.
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