There are various factors that influence the decision of the judge when setting the total bail bond amount. The estimated bail amount in such cases can be more than $500,000. September 1, 2015. 22.041. Sept. 1, 2001. 1, eff. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. 388, Sec. September 1, 2015. 955 (S.B. According to Tex. 1306), Sec. 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. 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. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. 738 (H.B. 22.011. September 1, 2007. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 1164), Sec. Examples include a firearm, hunting knife, rope, or even a baseball bat. 27.01, eff. (2021). WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. causes impairment of the function of a body part or organ. In Texas, aggravated sexual assault is always a first-degree 4, eff. 1.01, eff. 436 (S.B. 604, Sec. 1259), Sec. WebTwo to ten years in prison and possible fine not to exceed $10,000. 728 (H.B. 2, eff. 1.01, eff. Your attorney will advise you on the best options available to fight back against your charges. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. Jul 14, 2020. 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; Yes! 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. (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. (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. Texas Criminal Attorneys Taking Care of Texas Blawg. 2, eff. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to (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. 361 (H.B. 505 N Frazier St. Conroe , TX. Acts 2009, 81st Leg., R.S., Ch. September 1, 2019. Added by Acts 1999, 76th Leg., ch. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 620, Sec. (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. 1, 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. Reenacted and amended by Acts 2005, 79th Leg., Ch. September 1, 2017. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. Texas Sexting Laws (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. September 1, 2005. C.C.P. (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. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. 24), Sec. 7, eff. 2, eff. 164, Sec. He was originally indicted on five felony The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. (1) "Child" means a person 14 years of age or younger. (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). Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 900, Sec. 751 (H.B. 29, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 900, Sec. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. WebA bail hearing is every defendants right. 655, Sec. 3, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 665 (H.B. 1038 (H.B. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 688), 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. Acts 2009, 81st Leg., R.S., Ch. 284(32), eff. 685 (H.B. 38, eff. September 1, 2005. 977, Sec. September 1, 2021. 1101, Sec. Sept. 1, 2003. 1, eff. 318, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2013. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 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. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Sept. 1, 1994. 904, Sec. Amended by Acts 2003, 78th Leg., ch. 1, eff. 939, Sec. 1, eff. September 1, 2017. 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. Amended by Acts 1987, 70th Leg., ch. (b) An offense under this section is a Class A misdemeanor. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. Added by Acts 1983, 68th Leg., p. 2812, ch. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Penal Code 12.33, 12.32, 22.02 (2022).). Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 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. August 1, 2005. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. They may be afraid that if they do not claim you placed them in fear for their life, they may get arrested and face similar criminal charges. 34 (S.B. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in 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. Under Texas law, you can be charged with Aggravated Assault if you exhibited a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. That includes charges of physically touching the victim or issuing a threat. 819, Sec. (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. 858 (H.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. (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. 34, eff. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. Lets take a look the statutory definition of the offense. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Amended by Acts 1977, 65th Leg., p. 2067, ch. 29), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Aggravated assault is defined byTexas Statutes 22.01 and 22.02as such: intentionally, knowingly or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon in the course of committing anyassault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.. Sept. 1, 1985. Examples: Aggravated perjury. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such The attorney listings on this site are paid attorney advertising. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (936) 539-4444. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Acts 2005, 79th 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. (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. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. September 1, 2011. September 1, 2007. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. 19, eff. 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. September 1, 2005. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 2, eff. 1, eff. 399, Sec. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 22.01. 399, Sec. 1031, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. (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. 1808), Sec. 294, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Acts 2019, 86th Leg., R.S., Ch. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 467 (H.B. September 1, 2015. (B) the victim was a nondisabled or disabled child at the time of the offense.