900, Sec. 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. Acts 2015, 84th Leg., R.S., Ch. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (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. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. (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. 334, Sec. It can be classified as simple and aggravated assault. (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. 1029, Sec. (Tex. Sec. AGGRAVATED ASSAULT. 1549), Sec. 809, Sec. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. (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. Barnes remained in jail as of Monday, according to court records. 1052, Sec. 436 (S.B. 14.829, eff. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. Added by Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. How Much Is Bail for a Felony in Philadelphia? Aggravated assaultis normally a second-degree felony. 1286), Sec. Jan. 1, 1974. 461 (H.B. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. 1, eff. 6, eff. 3019), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. Sept. 1, 1994; Acts 2003, 78th Leg., ch. The offense becomes a first-degree felony when any of the following According to Tex. (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). HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 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. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 1.01, eff. 1, eff. 873 (S.B. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 12, eff. Sometimes a person can be released on their own recognizance without posting bail. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. September 1, 2007. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 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.. 751 (H.B. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. (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. (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. September 1, 2017. 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. Class A Misdemeanor Assault: when the victim sustains injury, or if an elderly or disabled person (Tex. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 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. 687, Sec. APPLICABILITY TO CERTAIN CONDUCT. April 14, 1987; Acts 1987, 70th Leg., ch. 1286, Sec. 268 (S.B. 34 (S.B. 904, Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 268 (S.B. 29, eff. 6.05, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 705), Sec. Acts 2009, 81st Leg., R.S., Ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 1087, Sec. Acts 1973, 63rd Leg., p. 883, ch. 688), Sec. 164, Sec. September 1, 2019. 1038 (H.B. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 662, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 495), 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. 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. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Amended by Acts 1987, 70th Leg., ch. (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. Acts 2021, 87th Leg., R.S., Ch. 22.011. Acts 2021, 87th Leg., R.S., Ch. 553, Sec. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. (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. Acts 2011, 82nd Leg., R.S., Ch. Sec. 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. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 1, 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. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. 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. Acts 2005, 79th Leg., Ch. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. TERRORISTIC THREAT. 1102, Sec. Yes! 2, eff. (Tex. 875 (H.B. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 481, Sec. Acts 2005, 79th Leg., Ch. Broken bones or permanent scarring would be considered a serious bodily injury. (2) "Spouse" means a person who is legally married to another. 788 (S.B. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 620 (S.B. Sec. Oct. 2, 1984. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 1006, Sec. 3607), Sec. 2 min read. Texas Criminal Attorneys Taking Care of Texas Blawg. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 768), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (2) uses or exhibits a deadly weapon during the commission of the assault. 22.06. Sept. 1, 1987; Acts 1989, 71st Leg., ch. September 1, 2017. 685 (H.B. For example, were they permanently crippled? Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.11. Sept. 1, 2003. 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.