INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 1, eff. 164, Sec. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. (Tex. August 1, 2005. 42A.051, 42A.102; Tex. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1983. Sec. 6.05, eff. 27.01, 31.01(68), eff. Acts 2017, 85th Leg., R.S., Ch. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. (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. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. 1 to 3, eff. Sept. 1, 2003. When the conduct is engaged in recklessly, the offense is a state jail felony. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 164, Sec. 1, eff. Sept. 1, 1999. (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. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Yes! Acts 2017, 85th Leg., R.S., Ch. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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.. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 2.017, eff. (C) in discharging the firearm, causes serious bodily injury to any person. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. (b) An offense under this section is a felony of the second 1286, Sec. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. Sec. This 22.08. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. 2.08, eff. Acts 2011, 82nd Leg., R.S., Ch. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. (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. 557, Sec. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. 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. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 16.002, eff. 1354), Sec. 655, Sec. 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. 1306), Sec. 1.125(a), eff. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Updated: September 28, 2021; Original post: June 7, 2018. Acts 2017, 85th Leg., R.S., Ch. 543 (H.B. (B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) 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 government 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. 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. 34 (S.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. 1259), Sec. 1164), Sec. In the following 22.012. 688), Sec. 2552), Sec. 1, eff. Examples: Aggravated perjury. Sec. 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. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 3, eff. 436 (S.B. 1420, Sec. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 467 (H.B. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. Nothing on this website should be considered valid legal advice, nor is it intended to be. Added by Acts 1999, 76th 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 (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. 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. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. Second-degree felony charge result in a maximum of 20 years in prison. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. LEAVING A CHILD IN A VEHICLE. Amended by Acts 1985, 69th Leg., ch. 282 (H.B. 1, eff. 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. What if the criminal mental state can be proven by the prosecutor? 665 (H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 22.01 (Assault) and the person: (1) causes Here is where aggravated assault charges can get a little crazy. (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. 1, eff. (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. 2, Sec. 1, eff. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. Acts 2019, 86th Leg., R.S., Ch. 955 (S.B. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. Lic.# 0022. 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.
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