284(32), eff. 22.10. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. Penal Code Ann. Sec. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed 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; (2) 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, or 21.11 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; and. September 1, 2017. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 22.021. September 1, 2007. 2, eff. 822, Sec. September 1, 2017. 1, eff. (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. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983. (Tex. September 1, 2021. (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. 896, Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2) "Spouse" means a person who is legally married to another. 1.01, eff. 461 (H.B. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. 1306), Sec. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 2.08, eff. (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. 388, Sec. 461 (H.B. Jan. 1, 1974. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 1, eff. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Acts 2017, 85th Leg., R.S., Ch. 18, eff. 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. 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. (b) An offense under this section is a Class C misdemeanor. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Sec. 467 (H.B. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (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. 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. Lets give you an example of a bail bond amount. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. The fine for this felony can be a maximum of $1,500. 1, eff. September 1, 2009. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 91), Sec. Sept. 1, 2003. 2589), Sec. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (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. Sec. 176), Sec. 1158, Sec. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 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.. 6), Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. September 1, 2019. September 1, 2011. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. (2021). Penal Code 12.21, 12.34, 22.05 (2022).). (2) uses or exhibits a deadly weapon during the commission of the assault. 164, Sec. (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. A conviction can also result in monetary penalties, such as payment of fines and restitution. 399, Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Added by Acts 2003, 78th Leg., ch. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2021. 1415, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 318, Sec. 1, eff. 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. 497, Sec. Was this reckless behavior under Texas criminal law? 459, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 4, eff. 1, eff. September 1, 2017. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Assault against someone who reported a crime, an informant, or a witness. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 3, eff. 1.18, eff. The penalty increases to a third-degree felony if it involves discharging a firearm. 1, 2, eff. 1, eff. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. Your attorney will advise you on the best options available to fight back against your charges. Aggravated Assault is a serious crime under Texas law. 436 (S.B. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. In this case, they can still be released from jail. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 34, eff. (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. Jan. 1, 1974. (f) An offense under Subsection (c) is a state jail felony. 135, Sec. April 14, 1987; Acts 1987, 70th Leg., ch. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. The penalties for assault on a family member can vary depending on what level of charge was brought against you. 1, eff. 1038 (H.B. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. Acts 2021, 87th Leg., R.S., Ch. September 1, 2011. Sept. 1, 1999. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 6, eff. 268 (S.B. Second-degree felony charge result in a maximum of 20 years in prison. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 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. Acts 2009, 81st Leg., R.S., Ch. 738 (H.B. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 4.02, eff. Sept. 1, 2003. 1 (S.B. 1, eff. Sept. 1, 1994. (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. 16.002, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. (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. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. (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). 809, Sec. Bail percentages may be negotiable, so you should ask your bondsman. 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. (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. 1, 2, eff. (d) The defense provided by Section 22.011(d) applies to this section. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 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; (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. (1) "Child" has the meaning assigned by Section 22.011(c). In the following 1306), Sec. If youve been charged with a crime, call us today. Barnes remained in jail as of Monday, according to court records. September 1, 2009. The best criminal lawyers make it a practice to prepare a packet of evidence establishing the injury does not meet the requirements under Texas law. 2, eff. 4, eff. ASSAULT. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. 1, eff. 284(23) to (26), eff. 784 (H.B. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to (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. 1, eff. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 2.017, eff. 623 (H.B. September 1, 2019. That includes charges of physically touching the victim or issuing a threat. 2, eff. Sept. 1, 2003. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 2, eff. What are the punishments for Aggravated Assault in Texas? 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. (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. 22.01 (Assault) and the person: (1) causes 165, Sec. 2552), Sec. 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. 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. 22.011. 1 to 3, eff. 29), Sec. 436 (S.B. 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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