how much is bail for aggravated assault in texas how much is bail for aggravated assault in texas

Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 399, Sec. Let us start building your defense. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 22.01. Acts 2005, 79th Leg., Ch. Sept. 1, 2003. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. He was originally indicted on five felony 1102, Sec. 900, Sec. Acts 2007, 80th Leg., R.S., Ch. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. (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. Acts 2017, 85th Leg., R.S., Ch. A Class A misdemeanor is the least serious of these charges. 1, eff. 2, eff. 584 (S.B. 1, 2, eff. 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. 1.01, eff. September 1, 2005. How much bail costs normally depends on the charge that the defendant is facing. 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. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. September 1, 2017. June 11, 2009. 282 (H.B. 662, Sec. His bail has been set at $100,000. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 12, eff. Acts 2007, 80th Leg., R.S., Ch. 788 (S.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 3607), Sec. September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. 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. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. 688), Sec. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. To be charged with Aggravated Assault, there must have been an actual physical injury. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. (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. 62, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 875 (H.B. 665 (H.B. September 1, 2005. 1101, Sec. 1 (S.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. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 1420, Sec. Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 399, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 655, Sec. 318, Sec. This 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) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 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. 4170), Sec. 1, eff. (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. Sept. 1, 1985. SEXUAL ASSAULT. Acts 2017, 85th Leg., R.S., Ch. 5, eff. 22.09. CLICK HERE FOR TITLE OR CONTRACT BONDS. September 1, 2019. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Call today for afree case review. September 1, 2015. Acts 2005, 79th Leg., Ch. The attorney listings on this site are paid attorney advertising. 2, eff. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 788 (S.B. 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. Barnes remained in jail as of Monday, according to court records. 751 (H.B. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. 1, eff. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. (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. Aggravated assault is a crime of violence. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (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. 27, eff. 1, eff. 6), Sec. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. (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. Acts 2015, 84th Leg., R.S., Ch. 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. 2 min read. Anywhere between $5,000 and $50,000 is a reasonable range. (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. September 1, 2009. September 1, 2017. September 1, 2017. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. 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. (1) "Child" has the meaning assigned by Section 22.011(c). 366, Sec. 1, eff. 1, eff. 4, eff. 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. Your permanent record will be negatively affected. 28, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, eff. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. Sec. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. Here is where aggravated assault charges can get a little crazy. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., 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. Sept. 1, 1994; Acts 2003, 78th Leg., ch. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. September 1, 2005. (8) a person the actor knows is pregnant at the time of the offense. 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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, 2, eff. 7, eff. 284(23) to (26), eff. 1, eff. 549), Sec. 14, Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). Acts 2011, 82nd Leg., R.S., Ch. 1, eff. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 2908), Sec. 2023 135, Sec. 1259), Sec. 1306), Sec. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. 6, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. 164), Sec. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 91), Sec. 977, Sec. An offense under Subsection (b) is a felony of the third degree. 162, Sec. Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 497, Sec. Acts 1973, 63rd Leg., p. 883, ch. Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. In some states, the information on this website may be considered a lawyer referral service. Feb. 1, 2004. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. The fine for this felony can be a maximum of $1,500. For example, if a driver tries to cut off another driver or maneuvers his vehicle to potentially run another vehicle off the roadespecially on a highway or road with a high speed limithe places the other driver in danger of serious bodily injury because his actions could cause a motor vehicle accident or collision. September 1, 2005. 2.08, eff. 91), Sec. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. LEAVING A CHILD IN A VEHICLE. (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. (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. (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. (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.