Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1, eff. Class C misdemeanors are the least serious crimes under Texas Penal code. Sec. In addition, There is no bail bond amount in this case, and the defendant is released to appear for a court date. September 1, 2017. Amended by Acts 1977, 65th Leg., p. 2067, ch. September 1, 2021. September 1, 2019. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. 436 (S.B. 461 (H.B. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. (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, 1983. Acts 2005, 79th Leg., Ch. 3, eff. 1, 2, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment What is the current Texas law about Assault? 2018), Sec. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 1, eff. 1286), Sec. Class C misdemeanors are a type of crime in Texas. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; September 1, 2017. 549), Sec. Acts 1973, 63rd Leg., p. 883, ch. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed 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; (2) 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, or 21.11 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; and. Acts 2005, 79th Leg., Ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (1) "Child" means a person younger than 17 years of age. 1, eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. DEFINITIONS. or nolo contendere in return for a grant of deferred adjudication, regardless of whether (3)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. September 1, 2005. 738 (H.B. (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. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or While jail time is not an option, you could still be left on file with a conviction for assault. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections committed 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 900, Sec. 446, Sec. 900, Sec. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. Jan. 1, 1974. The definition of assault is broad. 273, Sec. 366, Sec. 1549), Sec. SEXUAL OFFENSES. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . (3) 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. -or-. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . 788 (S.B. 282 (H.B. Acts 2017, 85th Leg., R.S., Ch. (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). 3019), Sec. 819, Sec. 528, Sec. performance of an official duty as a peace officer or judge. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or 28, eff. September 1, 2021. and the defendant was subsequently discharged from community supervision; and. 896, Sec. 1.01, eff. 1 to 3, eff. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 643), Sec. 1, eff. 584 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Feb. 1, 2004. PENAL CODE. Sept. 1, 2003. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. (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. (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. 858 (H.B. 773. ASSAULT. 202, Sec. 900, 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. 3, eff. 18, eff. September 1, 2019. 15.02(a), eff. (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. normal breathing or circulation of the blood of the person by applying pressure to 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. 1, eff. 6), Sec. Acts 2021, 87th Leg., R.S., Ch. Sec. Under Texas Penal Code 25.11, you can be convicted of this crime if you commit at least two assaults against a member of your family or household within 12 months. (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. an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2)a Class B misdemeanor if the offense is committed by a person who is not a sports If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. of the contract, if the actor knows the person or employee is authorized by the state September 1, 2017. 784 (H.B. 12.23. class c misdemeanor . The lowest level of an offense that someone can be charged with is a Class C misdemeanor. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. to provide the service; or. What is an Assault? Cookie Settings. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. Reenacted and amended by Acts 2005, 79th Leg., Ch. 14, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1052, Sec. under another section of this code, the actor may be prosecuted under either section Amended by Acts 2003, 78th Leg., ch. 399, Sec. 467 (H.B. 16.002, eff. 977, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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 667), Sec. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 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". September 1, 2015. 1306), Sec. 29), Sec. June 11, 2009. Class a assault texas penal code. 1, eff. 22.12. 2, eff. (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. 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