(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. (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. 1286, Sec. 505 N Frazier St. Conroe , TX. Acts 2019, 86th Leg., R.S., Ch. (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. Penal Code 12.42, 12.43 (2022).). Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. A Class A misdemeanor is the least serious of these charges. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. aggravated 528, Sec. September 1, 2017. 2, eff. (B) the victim was a nondisabled or disabled child at the time of the offense. 34 (S.B. 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. Jan. 1, 1974. (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. September 1, 2007. 840 (H.B. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Acts 2017, 85th Leg., R.S., Ch. 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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 427 (H.B. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 1, eff. 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. 900, Sec. 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. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 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. Added by Acts 2019, 86th Leg., R.S., Ch. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Acts 2005, 79th Leg., Ch. September 1, 2005. Was this reckless behavior under Texas criminal law? 705), Sec. (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. Possibility of community supervision. 1, eff. In Texas, aggravated sexual assault is always a first-degree felony. 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 667), Sec. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. (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. Acts 2005, 79th Leg., Ch. 318, Sec. 1087, Sec. (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. (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. When the conduct is engaged in recklessly, the offense is a state jail felony. How Much is Bail for Assault in Texas? - Bail Agent Network 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. 1306), Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. WebA bail hearing is every defendants right. Acts 2021, 87th Leg., R.S., Ch. causes impairment of the function of a body part or organ. (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). 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. 1, eff. 1, eff. 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. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. (2) "Spouse" means a person who is legally married to another. 1095), Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Sept. 1, 1999. 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. 1, eff. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 260 (H.B. 164, Sec. Punishment for Assault. 318, Sec. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. INDECENT ASSAULT. 549), Sec. 768), Sec. An offense under Subsection (b) is a felony of the third degree. 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, 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 623 (H.B. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Sept. 1, 2003. Amended by Acts 1989, 71st Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 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. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. September 1, 2019. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. Amended by Acts 1993, 73rd Leg., ch. Jan. 1, 1974. Acts 2007, 80th Leg., R.S., Ch. 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. 495), Sec. 14, Sec. 1038 (H.B. Amended by Acts 2003, 78th Leg., ch. 1, 2, eff. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. 584 (S.B. 135, Sec. 497, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. 2066), Sec. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. 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. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Sept. 1, 1994. Acts 2005, 79th Leg., Ch. Assault Offenses 2.04, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 459, Sec. 22.01. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., 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.