1, eff. 900, Sec. (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. Acts 2017, 85th Leg., R.S., Ch. 788 (S.B. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) 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: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 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; or. 91), Sec. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. The estimated bail amount in such cases can be more than $500,000. 79, Sec. 1, eff. 361 (H.B. (2) "Elderly individual" means a person 65 years of age or older. As an alternative to jail or prison, a judge may authorize community supervision (probation) for offenders who are sentenced for misdemeanors or felonies with less than 10 years of incarceration. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Acts 2019, 86th Leg., R.S., Ch. 903, Sec. Acts 2015, 84th Leg., R.S., Ch. 878, Sec. 366, Sec. Acts 2009, 81st Leg., R.S., Ch. Your permanent record will be negatively affected. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 22.041. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 728 (H.B. Texas Criminal Attorneys Taking Care of Texas Blawg. As a practical matter, the grand jury reviews cases and, if they have the opportunity to hear both sides of what took place, they may come to a different conclusion than the police and the alleged victim. (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. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. (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. AGGRAVATED ASSAULT. 900, Sec. 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. Acts 2005, 79th Leg., Ch. Are the permanently disfigured? Phone:817-839-3965 Fort Wort Address:115 W 2nd St #201, Fort Worth, TX 76102 Arlington Address: 4275 Little Road Suite 205, 9, Arlington, TX 76016 Southlake Address: 771 E Southlake, Suite 105, Southlake, TX 76092, North Richland Hills | Arlington |Mansfield | Euless | Bedford | Keller | Grand Prairie | Burleson | Grapevine | Colleyville | Southlake, Aggravated Assault Deadly Weapon - A Former DA Explains How to Beat Your Case! Acts 2021, 87th Leg., R.S., Ch. 162, Sec. 719 (H.B. 1576), Sec. 1028, Sec. 1, eff. 176), Sec. 273 (H.B. 399, Sec. Sept. 1, 1994. 16.002, eff. (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. (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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 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. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 1.125(a), eff. 2908), Sec. 1.01, eff. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. (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. (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. 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. 184), Sec. 1052, Sec. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. In the following (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (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. DEADLY CONDUCT. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 27.01, 31.01(68), eff. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 3, eff. 1, eff. 1259), Sec. Let us start building your defense. September 1, 2005. 5, 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. 38, eff. 440 (H.B. Acts 2005, 79th Leg., Ch. Do not delay. 284(23) to (26), eff. 1420, Sec. 14, Sec. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. A No Bill is the equivalent of a dismissal of your aggravated assault charges. Woods Cross police officer charged with aggravated assault in 900, Sec. September 1, 2005. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Amended by Acts 1989, 71st Leg., ch. 2, eff. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. 29), Sec. Acts 2017, 85th Leg., R.S., Ch. 768), Sec. 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. While states define and penalize aggravated assault differently, most punish these crimes 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. 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; September 1, 2021. Bail Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 62, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (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. September 1, 2009. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 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. 688), Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.