how much is bail for aggravated assault in texas

For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 939, Sec. A capital felony includes espionage, treason, or premeditated murder. Indecent exposure to a child. September 1, 2021. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. September 1, 2019. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 3019), Sec. 2, eff. AIDING SUICIDE. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. Punishment for Assault. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 184), Sec. September 1, 2009. Contact us at this DUI Lawyer Cost & Fees Website. 1164), Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 34 (S.B. 223, Sec. Acts 2005, 79th Leg., Ch. LEAVING A CHILD IN A VEHICLE. 22.05. What if the criminal mental state can be proven by the prosecutor? 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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 549), 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. 4170), Sec. 187 (S.B. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 530, Sec. 4.02, eff. 1, eff. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 1.01, eff. 22.012. Here is where aggravated assault charges can get a little crazy. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Sept. 1, 2003. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 1306), Sec. 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. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 467 (H.B. September 1, 2021. Sept. 1, 1999. Acts 2017, 85th Leg., R.S., Ch. Your permanent record will be negatively affected. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Jan. 1, 1974. Assault against someone who reported a crime, an informant, or a witness. 1575), Sec. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. September 1, 2011. September 1, 2009. 1, eff. 1, eff. For instance, they might promise to appear when summoned for trial. Acts 2017, 85th Leg., R.S., Ch. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Sept. 1, 1981; Acts 1989, 71st Leg., ch. WebTwo to ten years in prison and possible fine not to exceed $10,000. 809, Sec. 1, eff. 4, eff. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Typically, Aggravated Assault is charged as a Second or First Degree felony. 1576), Sec. 29, eff. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. (f) An offense under Subsection (c) is a state jail felony. 22.08. September 1, 2017. 915 (H.B. 977, Sec. He was originally indicted on five felony 1.01, eff. 665 (H.B. 1.01, eff. Search Texas Statutes. 604, Sec. 24, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1, eff. 2066), Sec. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. 495), Sec. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. 27.01, 31.01(68), eff. 22.01 (Assault) and the person: (1) causes 705), Sec. 1028, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 840 (H.B. (2) uses or exhibits a deadly weapon during the commission of the assault. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sec. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 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. 2, eff. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 1, 2, eff. 495), Sec. (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. 1415, Sec. 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.. 3, eff. 553, Sec. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. 2, eff. Acts 2005, 79th Leg., Ch. Added by Acts 1999, 76th Leg., ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. Acts 2019, 86th Leg., R.S., Ch. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 902), Sec. 260 (H.B. Added by Acts 1983, 68th Leg., p. 2812, ch. 14, Sec. Added by Acts 1985, 69th Leg., ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 142, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 164), Sec. 620 (S.B. 728 (H.B. Acts 2017, 85th Leg., R.S., Ch. 2018), Sec. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2021. 1, eff. 497, Sec. 18, eff. A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. A grand jury no bill is the equivalent of a dismissal. Bail percentages can vary by state & be as low as 5% or even as high as 20%. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 3607), Sec. September 1, 2011. 1, eff. Oct. 2, 1984. Bail for third-degree felonies is usually around $1,500 to $5,000. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. Sec. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 557, Sec. Anywhere between $5,000 and $50,000 is a reasonable range. (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. (1) "Child" means a person 14 years of age or younger. Was this reckless behavior under Texas criminal law? Penal Code 12.21, 12.34, 22.05 (2022).). It can be classified as simple and aggravated assault. Sept. 1, 2001; Acts 2003, 78th Leg., ch. If the assault is classified as a Class B misdemeanor, the penalty is a maximum fine of up to $2,000 and/or up to 6 months in jail. 194), Sec. September 1, 2015. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. 955 (S.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. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. While states define and penalize aggravated assault differently, most punish these crimes 436 (S.B. June 11, 2009. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. 22.01. 3, eff. Sept. 1, 2003. 543 (H.B. 1019, Sec. 739, Sec. 1, eff. 2, eff. 6, eff. A No Bill is the equivalent of a dismissal of your aggravated assault charges. Penal Code 1.07, 22.01, 22.02 (2022).). 334, 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. Acts 2015, 84th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (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. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 34 (S.B. (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. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 873 (S.B. 1087, Sec. 1.18, eff. 46, eff. 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. Acts 2007, 80th Leg., R.S., Ch. Never believe anything you read on the internet, even if it is found on a law related blog. 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. (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. Criminal Lawyer Tip: Serious bodily injury must be proven beyond a reasonable doubt that establishes a permanent or substantial loss of use of a bodily member or organ. (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. (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. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 14, Sec. 2, eff. 1 to 3, eff. 1, eff. Feb. 1, 2004. 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. Added by Acts 2019, 86th Leg., R.S., Ch. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. Acts 2007, 80th Leg., R.S., Ch. 5, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. (B) the victim was a nondisabled or disabled child at the time of the offense. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 1.125(a), eff. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. Acts 2005, 79th Leg., Ch. (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. Your attorney will advise you on the best options available to fight back against your charges. 1, eff. 34 (S.B. 1, eff. Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. (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. Broken bones or permanent scarring would be considered a serious bodily injury. Acts 2005, 79th Leg., Ch. 1, eff. September 1, 2017. (1) "Child" has the meaning assigned by Section 22.011(c). 1.01, eff. 366, Sec. 22.10. 14.829, eff. 22.041. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 1, eff. In Texas, aggravated sexual assault is always a first-degree felony. Amended by Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. For example, were they permanently crippled? For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. What is a No Bill? 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). (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 620 (S.B. 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. 18, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, eff. 481, Sec. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? Sec. (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. 1, eff. Sept. 1, 1983. September 1, 2005. Acts 2005, 79th Leg., Ch. 165, Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. INDECENT ASSAULT. (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. 788 (S.B. 2, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 22.12. Yes! 5, eff. Examples include a firearm, hunting knife, rope, or even a baseball bat. (3) "Disabled individual" means a person older than 13 years of age who 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 268 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 791, Sec. 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. Penal Code Ann. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 7, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. 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. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 62, Sec. How Much Is Bail for a Felony in Philadelphia? 3, eff. 2, eff. Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (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. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result..