Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 593 (H.B. 2, eff. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (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. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. 667), Sec. (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. 6), Sec. 1, eff. 1, 2, eff. 22.06. 1, eff. Sept. 1, 2003. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 1, eff. 1, eff. 29, eff. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 6.05, eff. Acts 2021, 87th Leg., R.S., Ch. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 728 (H.B. Acts 2021, 87th Leg., R.S., Ch. 5, eff. 1, eff. 1, eff. that are substantially similar to the elements of an offense listed in those subsections 719 (H.B. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 900, Sec. 3, eff. class a misdemeanor 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. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative Acts 2015, 84th Leg., R.S., Ch. 1.01, eff. 1.02. objectives of code . Texas Penal Code . Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (C) in discharging the firearm, causes serious bodily injury to any person. 7, eff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 21.01. (B) the victim was a nondisabled or disabled child at the time of the offense. Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 873 (S.B. (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. 3, eff. 184), Sec. Jan. 1, 1974. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. Sept. 1, 2001. 955 (S.B. (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. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. Sec. TERRORISTIC THREAT. 2240), Sec. September 1, 2021. 1, eff. 268 (S.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "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 2017, 85th Leg., R.S., Ch. Jan. 1, 1974. OFFENSES AGAINST THE PERSON. September 1, 2021. Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Amended by Acts 1989, 71st Leg., ch. These cases are quite complex and benefit from the expertise of a criminal defense attorney. September 1, 2017. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. knows or should reasonably believe that the other will regard the contact as offensive Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 294, Sec. September 1, 2005. Class C misdemeanors are the least serious crimes under Texas Penal code. 22.04. 1, eff. September 1, 2017. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1983. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Acts 2007, 80th Leg., R.S., Ch. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. assaulted was a public servant, a security officer, or emergency services personnel September 1, 2005. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 594 (H.B. with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2)it is shown on the trial of the offense that the defendant has been previously and the defendant was subsequently discharged from community supervision; and. 2, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 436 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3, eff. Copyright 2023, Thomson Reuters. (2)a conviction under the laws of another state for an offense containing elements (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. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 427 (H.B. 194), Sec. Sec. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being ASSAULT. 784 (H.B. 773. Sec. (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. 8.139, eff. 1, eff. (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 22.01. What is an Assault? (3)a Class A misdemeanor if the offense is committed against a pregnant individual September 1, 2011. 3, eff. 18, Sec. 655, Sec. Acts 2005, 79th Leg., Ch. 76, Sec. Sec. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Sept. 1, 1985. 1286, Sec. 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 Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. Next . (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3 . 1, eff. DEADLY CONDUCT. (last accessed Jun. 22.01, assault covers three different types of actions. the sentence for the offense was ever imposed or whether the sentence was probated Section 22.01 Assault, 1, eff. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. Community service. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1994. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Acts 2017, 85th Leg., R.S., Ch. (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. 461 (H.B. increasing citizen access. 1.01, eff. 1, eff. 29), Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2017. 1, eff. 1008, Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 24, eff. 1, 2, eff. Acts 2015, 84th Leg., R.S., Ch. 875 (H.B. 1, eff. 719 (H.B. Through social (2) uses or exhibits a deadly weapon during the commission of the assault. Acts 1973, 63rd Leg., p. 883, ch. 1019, Sec. (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. 38, eff. (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. 10, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 3607), Sec. AGGRAVATED SEXUAL ASSAULT. September 1, 2017. Assault Causing Bodily Injury. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". L/D - Level and . 5, eff. 1, eff. Sec. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) 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. 1102, Sec. 91), Sec. However, they are still more serious than infractions. (d) The defense provided by Section 22.011(d) applies to this section. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: 22.01. Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant September 1, 2005. September 1, 2007. 1.01, eff. 53a-60a. Jan. 1, 1974. 7, 2021). 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