This AGGRAVATED SEXUAL ASSAULT. 284 (S.B. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. 2, eff. 2908), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 5, eff. Sec. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 1, 2, eff. 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. (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. September 1, 2021. 788 (S.B. Contact us at this DUI Lawyer Cost & Fees Website. (d) The defense provided by Section 22.011(d) applies to this section. Acts 2017, 85th Leg., R.S., Ch. 22.05. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. A No Bill is the equivalent of a dismissal of your aggravated assault charges. 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. 22.021. 643), 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. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. September 1, 2005. Any interaction that has physical contact that causes harm to the other person is considered assault. 22.011. 15.02(a), eff. September 1, 2005. Lets break down the parts of that definition. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 1, eff. 705), Sec. (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. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 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. 388, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. Class B misdemeanor: Up to 180 days in jail and a fine 685 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 62, Sec. Updated: September 28, 2021; Original post: June 7, 2018. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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. 667), Sec. 16, Sec. 819, Sec. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 461 (H.B. (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. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Bail jumping of a felony arrest. 135, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 318, Sec. 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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 76, Sec. 1415, Sec. Acts 2009, 81st Leg., R.S., Ch. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. Penal Code Ann. 4.02, eff. Sept. 1, 1983; Acts 1985, 69th 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. 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. Search Texas Statutes. (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. September 1, 2009. 1158, Sec. Here is where aggravated assault charges can get a little crazy. 2, eff. 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; 3, eff. (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. Added by Acts 2003, 78th Leg., ch. 223, Sec. (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. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. 24, Sec. 2, eff. 14.829, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 1576), Sec. 1087, Sec. (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). 6, eff. 260 (H.B. (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. APPLICABILITY TO CERTAIN CONDUCT. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. (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. (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. September 1, 2021. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 2, eff. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. Acts 2011, 82nd Leg., R.S., Ch. 284(23) to (26), eff. Acts 2007, 80th Leg., R.S., Ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. 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. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. 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. 6.05, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 461 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 2, eff. 1, 2, eff. 1, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 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. 1029, Sec. September 1, 2007. Contact our office today for a free initial consultation and learn what options are available to you. Acts 1973, 63rd Leg., p. 883, ch. 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. (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. It can be classified as simple and aggravated assault. He was originally indicted on five felony 1, eff. (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. 46, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. 553, Sec. 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. To be charged with Aggravated Assault, there must have been an actual physical injury. Acts 2009, 81st Leg., R.S., Ch. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 662, Sec. 2.04, eff. Anywhere between $5,000 and $50,000 is a reasonable range. (C) the victim is an elderly individual or a disabled individual. Sec. September 1, 2013. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. 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. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1985. Feb. 1, 2004. Texas Sexting Laws Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 165, Sec. Acts 2017, 85th Leg., R.S., Ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Broken bones or permanent scarring would be considered a serious bodily injury. 1808), Sec. Acts 2013, 83rd Leg., R.S., Ch. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. September 1, 2019. (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. 8), Sec. 18, eff. Acts 1973, 63rd Leg., p. 883, ch. 1031, Sec. 1.18, eff. 3607), Sec. 1, eff. 3, eff. It is a finding that establishes you have been exonerated of the charges and provides the opportunity to have your criminal case file and arrest expunged from your criminal record. 294, Sec. (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. LEAVING A CHILD IN A VEHICLE. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. Acts 2009, 81st Leg., R.S., Ch. TERRORISTIC THREAT. 900, Sec. 955 (S.B. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (Tex. If you have been arrested Schedule Your September 1, 2019. Recklessness is acting with a conscious disregard to the results of that action. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 788 (S.B. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. As you can see from the examples above, there can be times when there is very little evidence to establish an arrest for aggravated assault deadly weapon. 22.01. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 361 (H.B. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. (e) An offense under Subsection (a) is a Class A misdemeanor. 318, Sec. 878, Sec. Acts 2009, 81st Leg., R.S., Ch. WebTexas Penal Code Sec. 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 2009, 81st Leg., R.S., Ch. 2018), Sec. 260 (H.B. 915 (H.B. Bail for third-degree felonies is usually around $1,500 to $5,000. Sept. 1, 1994. (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. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Acts 2019, 86th Leg., R.S., Ch. 29), Sec. (b) An offense under this section is a Class C misdemeanor. The offense becomes a first-degree felony when any of the following 1, eff. 3, eff. Sept. 1, 1983. In fact, after the expiration of the statute of limitations, you will be eligible to file a petition for expunction to have your aggravated assault arrest and charges permanently deleted from your criminal record. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 2, eff. Sec. 4170), Sec. Aggravated Assault is a serious crime under Texas law. Texas Criminal Attorneys Taking Care of Texas Blawg. Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. 1286, Sec. 1259), Sec. 768), Sec. 900, Sec. 91), Sec. 16.003, eff. 1, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. 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. 79, 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.