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791, Sec. 1164), Sec. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 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. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1, eff. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. He is the founder of The Benavides Law Group. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. 900, Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 900, Sec. 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). Never believe anything you read on the internet, even if it is found on a law related blog. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 187 (S.B. (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. (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. 858 (H.B. 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. 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. ABANDONING OR ENDANGERING CHILD. 284(32), eff. 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. 2552), Sec. Sept. 1, 1983. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (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. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1038 (H.B. 915 (H.B. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Class B misdemeanor: Up to 180 days in jail and a fine Yes! 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.. 1, eff. 822, Sec. 1, eff. 46, eff. arts. 2 min read. 22.021. Sec. TAMPERING WITH CONSUMER PRODUCT. 667), Sec. 1, eff. Sept. 1, 2001. 946), Sec. 273, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (a) A person commits an offense if the person commits assault as defined in Sec. 467 (H.B. September 1, 2005. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 284 (S.B. The offense becomes a first-degree felony when any of the following 22.01. 1259), Sec. Sept. 1, 1999. (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. 3, eff. 164), Sec. (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. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. (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. September 1, 2017. (C) in discharging the firearm, causes serious bodily injury to any person. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Added by Acts 1983, 68th Leg., p. 5312, ch. (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. 446, Sec. 788 (S.B. Here is where aggravated assault charges can get a little crazy. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 2240), Sec. (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. 12, 13, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. 1, eff. 1019, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (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. The penalties for assault on a family member can vary depending on what level of charge was brought against you. TERRORISTIC THREAT. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 22.01 (Assault) and the person: (1) causes 79, Sec. Amended by Acts 1979, 66th Leg., p. 1114, 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. 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. 334, Sec. This month we feature Eric Benavides a criminal attorney in Houston, Texas. (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. 528, Sec. 14, Sec. 768), Sec. (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. September 1, 2021. This (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Acts 1973, 63rd Leg., p. 883, ch. (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. Added by Acts 2019, 86th Leg., R.S., Ch. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. Aggravated assaultis normally a second-degree felony. 29), Sec. 399, Sec. 949 (H.B. September 1, 2017. September 1, 2021. (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. Typically, Aggravated Assault is charged as a Second or First Degree felony. 33, eff. 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. Amended by 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. 38, eff. September 1, 2005. 366, Sec. 705), Sec. 3, eff. 2023 361 (H.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. September 1, 2021. Jan. 1, 1974. 27, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2005, 79th Leg., Ch. 784 (H.B. 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. Contact us at this DUI Lawyer Cost & Fees Website. 604, Sec. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 12.21, 12.22, 12.23, depending on the type of misdemeanor assault, you face the (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 1095), Sec. 1286), Sec. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 September 1, 2015. September 1, 2009. 900, Sec. The estimated bail amount in such cases can be more than $500,000. 1, eff. 2.017, eff. 819, Sec. 1, eff. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. Was this reckless behavior under Texas criminal law? a fine of up to $10,000. 16, Sec. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 42A.051, 42A.102; Tex.