For example, were they permanently crippled? 3, eff. 268 (S.B. Let us start building your defense. Sept. 1, 1985; Acts 1987, 70th Leg., ch. An offense under Subsection (b) is a felony of the third degree. Sept. 1, 1981; Acts 1989, 71st Leg., ch. In some states, the information on this website may be considered a lawyer referral service. (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, 1983. 42A.051, 42A.102; Tex. (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. 446, Sec. Feb. 1, 2004. 22.11. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 2, eff. 1, eff. 6), Sec. (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. 91), Sec. September 1, 2017. 282 (H.B. 284 (S.B. Acts 1973, 63rd Leg., p. 883, ch. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 977, Sec. 977, Sec. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. 2066), Sec. (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. While states define and penalize aggravated assault differently, most punish these crimes (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. 2, eff. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 22.07. 875 (H.B. (C) in discharging the firearm, causes serious bodily injury to any person. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 165, Sec. 33, eff. 335, Sec. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 1, eff. 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. 900, Sec. 14, Sec. (g) 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 or both sections. Amended by Acts 1979, 66th Leg., p. 367, ch. 436 (S.B. Acts 1973, 63rd Leg., p. 883, ch. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. (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. September 1, 2007. INDECENT ASSAULT. 388, Sec. Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. 1286), Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Contact our office today for a free initial consultation and learn what options are available to you. 2, eff. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. 6, eff. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 2018), Sec. Bail percentages can vary by state & be as low as 5% or even as high as 20%. 21.002(14), eff. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 16, Sec. ASSAULT. Any interaction that has physical contact that causes harm to the other person is considered assault. 1, eff. (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. August 1, 2005. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 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. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) 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, 21.11, or 25.11 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; or. September 1, 2019. 900, Sec. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). CLICK HERE FOR TITLE OR CONTRACT BONDS. 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. 840 (H.B. 91), Sec. 273, Sec. 14.829, eff. September 1, 2021. 1 to 3, eff. (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. 604, Sec. (e) An offense under this section is a felony of the first degree. Escape from felony custody. 1.01, eff. 1102, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 436 (S.B. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 22.01 (Assault) and the person: (1) causes 1575), Sec. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. Acts 2007, 80th Leg., R.S., Ch. Penal Code 12.42, 12.43 (2022).). (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. 27.01, 31.01(68), eff. 260 (H.B. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. September 1, 2017. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. 6.05, eff. 900, Sec. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Bail jumping of a felony arrest. (3) "Household" has the meaning assigned by Section 71.005, Family Code. (2) not attended by an individual in the vehicle who is 14 years of age or older. (b) An offense under this section is a Class A misdemeanor. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1.18, eff. 22.012. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. Was this reckless behavior under Texas criminal law? Punishment for Assault. 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. 497, Sec. (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. 1, eff. 3, eff. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. 2.017, eff. A Class A misdemeanor is the least serious of these charges. 685 (H.B. 1, eff. (1) "Child" means a person younger than 17 years of age. September 1, 2011. 139, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Aggravated assault is normally a second-degree felony. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. (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. 19, eff. It includes Class C misdemeanors committed with deadly weapons. Yes! 135, Sec. Added by Acts 2003, 78th Leg., ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 2, eff. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Examples: Aggravated perjury. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. (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. 76, Sec. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. 5, eff. (2) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. 620 (S.B. (2) "Elderly individual" means a person 65 years of age or older. Assault against someone who reported a crime, an informant, or a witness. 164), Sec. 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. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. 1.01, eff. (d) The defense provided by Section 22.011(d) applies to this section. 1, eff. Amended by Acts 1989, 71st Leg., ch. (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. 1415, Sec. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. Aggravated assaultis normally a second-degree felony. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. 1029, Sec.