how much is bail for aggravated assault in texas how much is bail for aggravated assault in texas

(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. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Updated: September 28, 2021; Original post: June 7, 2018. Examples include a firearm, hunting knife, rope, or even a baseball bat. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 22.01 (Assault) and the person: (1) causes Acts 2017, 85th Leg., R.S., Ch. 1, eff. Added by Acts 1985, 69th Leg., ch. 949 (H.B. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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! The penalty increases to a third-degree felony if it involves discharging a firearm. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The offense becomes a first-degree felony when any of the following 3, eff. 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. (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. September 1, 2011. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 875 (H.B. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Acts 1973, 63rd Leg., p. 883, ch. 3, eff. (b) An offense under this section is a felony of the second For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (2) uses or exhibits a deadly weapon during the commission of the assault. 840 (H.B. 1, eff. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 334, Sec. 273, Sec. 977, Sec. 1, eff. If you have been charged with aggravated assault in Texas, you need to be informed about the charges you are facing and prepared for what you can do to attack those charges. 388, Sec. (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. (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. Acts 2005, 79th Leg., Ch. 22.12. 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. 553, Sec. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost To be charged with Aggravated Assault, there must have been an actual physical injury. Bail jumping of a felony arrest. 459, Sec. Jan. 1, 1974. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. 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. 768), Sec. 15.02(b), eff. 22.05. (e) An offense under this section is a felony of the first degree. 1, eff. Acts 2005, 79th Leg., Ch. 946), Sec. (1) "Child" means a person younger than 17 years of age. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 2, eff. Search Texas Statutes. 6), Sec. Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Contact us at this DUI Lawyer Cost & Fees Website. (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. 3, eff. 900, Sec. 440 (H.B. 1, eff. 3, eff. September 1, 2021. For instance, they might promise to appear when summoned for trial. 14, Sec. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. 688), Sec. 662, Sec. 7, eff. 184), Sec. Sept. 1, 1987; Acts 1989, 71st 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. 1, eff. 467 (H.B. 34, eff. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. If you have been arrested Schedule Your (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. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. Acts 2007, 80th Leg., R.S., Ch. The attorney listings on this site are paid attorney advertising. He has been named one of the 3 Best DUI Lawyers in Fort Worth, recognized by Expertise, National Trial Lawyers, Avvo, and others, and he is Lead Counsel rated. 1576), Sec. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. Sept. 1, 2003. 734 (H.B. 688), Sec. (b) An offense under this section is a felony of the third degree. Bail percentages may be negotiable, so you should ask your bondsman. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. 12, 13, eff. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 1.125(a), eff. 1354), Sec. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Penal Code 12.33, 12.32, 22.02 (2022).). Sept. 1, 1994. September 1, 2019. (2) not attended by an individual in the vehicle who is 14 years of age or older. At The Hampton Law Firm, you will have a team of 5 Former Tarrant County Prosecutors working in your corner to provide you the best legal advice and fight to ensure you receive the best possible outcome on your aggravated assault charge. 436 (S.B. Acts 2017, 85th Leg., R.S., Ch. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1, eff. Yes! 194), Sec. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 1164), Sec. Acts 2017, 85th Leg., R.S., Ch. 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. 1095), Sec. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. Possibility of community supervision. 1, eff. September 1, 2009. September 1, 2005. 1.01, eff. 7, eff. Here is where aggravated assault charges can get a little crazy. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 495), Sec. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 2 min read. (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. Any interaction that has physical contact that causes harm to the other person is considered assault. 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.. Acts 2011, 82nd Leg., R.S., Ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (1) "Child" means a person 14 years of age or younger. 1, eff. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. Webyou committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didnt specifically intend to kill anyone) A minimum of 2 and a maximum of 20 years in state prison; and/or. 2, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. 2, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2011. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. 495), Sec. 399, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Misdemeanor assault charge penalties in Texas. Sec. Sept. 1, 1983. 685 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 16, Sec. 584 (S.B. A grand jury no bill is the equivalent of a dismissal. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sometimes a person can be released on their own recognizance without posting bail. 1, 2, eff. 2, Sec. (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. 2018), Sec. (2) is committed against a public servant. September 1, 2017. 22.01. 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. 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. (1) "Child" has the meaning assigned by Section 22.011(c). Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (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. The punishment must be a minimum term of 25 years in two circumstances: The offender sexually assaulted a child younger than 6 years of age. Acts 2011, 82nd Leg., R.S., Ch. 1259), Sec. 16.003, eff. This month we feature Eric Benavides a criminal attorney in Houston, Texas. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 1, eff. September 1, 2011. September 1, 2019. AGGRAVATED ASSAULT. (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 2017, 85th Leg., R.S., Ch. 1 to 3, eff. 1 to 3, eff. 27.01, 31.01(68), eff. September 1, 2019. 685 (H.B. (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. 284(32), eff. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. 1, eff. (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. Sept. 1, 1994. September 1, 2021. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 809, Sec. Penal Code Ann. 1, eff. 900, Sec. Sept. 1, 2003. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1306), Sec. Punishment for Assault. (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. 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. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. Acts 1973, 63rd Leg., p. 883, ch. We find many media outlets and reporters and bloggers wanting to quote his blog at EricBenavides.com or our blog at HoustonCriminalAttorney.us, and in order to further facilitate these media mentions, our owner has commissioned this 2nd legal blog here at TakingCareOfTexas.org. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 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). WebA bail hearing is every defendants right. September 1, 2017. Sept. 1, 1994. 1.01, eff. September 1, 2017. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. 751 (H.B. 819, Sec. (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. Let us start building your defense. Acts 2007, 80th Leg., R.S., Ch. A Class A misdemeanor is the least serious of these charges. It includes Class C misdemeanors committed with deadly weapons. 318, Sec. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. (Tex. (b) An offense under this section is a Class A misdemeanor. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at (2) "Spouse" means a person who is legally married to another. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 399, Sec. 1102, Sec. 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. 34 (S.B. 284(23) to (26), eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1983. 2.04, eff. 788 (S.B. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. 900, Sec. 593 (H.B. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. 655, Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 34 (S.B. September 1, 2007. 19, eff. 549), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. Lets break down the parts of that definition. Can You Get a Bail Bond for a Felony Charge in Texas? 2, eff. 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. LEAVING A CHILD IN A VEHICLE. 14.829, eff. Sec. (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. (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. 1, eff. 549), Sec. Amended by Acts 1979, 66th Leg., p. 367, ch. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. 6.05, eff. 505 N Frazier St. Conroe , TX. 903, Sec. 8.139, eff. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. 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. 1.18, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. 2, eff. 22.09. Acts 2019, 86th Leg., R.S., Ch. (8) a person the actor knows is pregnant at the time of the offense. 1, eff. 1, eff. Anywhere between $5,000 and $50,000 is a reasonable range. Acts 2005, 79th Leg., Ch. (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. 900, Sec. 705), Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Barnes remained in jail as of Monday, according to court records. 16.002, eff. 11, eff. Sec. (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). Feb. 1, 2004. 4, eff. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Examples: Aggravated perjury. 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; Acts 2017, 85th Leg., R.S., Ch. 2018), Sec. 900, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. He was originally indicted on five felony 1, eff. 273 (H.B. 822, Sec. 91), Sec. Acts 2021, 87th Leg., R.S., Ch. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening.