Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. In Texas, aggravated sexual assault is always a first-degree Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such 1, eff. Texas Sexting Laws Typically, Aggravated Assault is charged as a Second or First Degree felony. 2, eff. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. (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. If youve been charged with a crime, call us today. 530, Sec. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. September 1, 2005. 903, Sec. 15.02(a), eff. (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. An offense under Subsection (b) is a felony of the third degree. If the total bail amount is $30,000, the bail bond agent will require you to pay them $3,000 to post bond on your behalf. 268 (S.B. Penal Code 12.21, 12.34, 22.05 (2022).). Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. Texas GOP may censure Tony Gonzales over votes on gay marriage, guns, At least 13 mayors arrested on child sex crimes since 2021 | Fox News, Man guilty of sexually abusing girl in Lubbock gets 25 years in prison - KLBK, causes serious bodily injury to another, including his or her spouse or, uses or exhibits a deadly weapon during the commission of an Assault. 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. September 1, 2021. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. 3, eff. 900, Sec. LEAVING A CHILD IN A VEHICLE. September 1, 2015. (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. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 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. 22.06. (1) "Child" means a person 14 years of age or younger. Many times, an injury can appear serious but be determined to NOT meet the Texas Criminal Law definition of Serious Bodily Injury.. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. 22.11. (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). In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 915 (H.B. 16.002, eff. 1, eff. September 1, 2005. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. 1008, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. Acts 2019, 86th Leg., R.S., Ch. September 1, 2005. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 1420, Sec. September 1, 2017. 1415, Sec. 1, 2, eff. Acts 2021, 87th Leg., R.S., Ch. 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. Acts 2021, 87th Leg., R.S., Ch. 2, eff. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. Jan. 1, 1974. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. 738 (H.B. Acts 2021, 87th Leg., R.S., Ch. September 1, 2015. 22.041. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Aggravated assault is a crime of violence. September 1, 2011. 1576), Sec. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. (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. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. 1, eff. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 623 (H.B. This field is for validation purposes and should be left unchanged. 788 (S.B. 15.02(b), eff. September 1, 2005. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. 459, Sec. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 822, Sec. 24), Sec. AGGRAVATED SEXUAL ASSAULT. 858 (H.B. Penal Code 1.07, 22.01, 22.02 (2022).). September 1, 2009. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. 543 (H.B. In some states, the information on this website may be considered a lawyer referral service. A conviction can also result in monetary penalties, such as payment of fines and restitution. 34 (S.B. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 659, Sec. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1, eff. An offense under Subsection (c) is a felony of the third degree. 361 (H.B. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. (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. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. Acts 2021, 87th Leg., R.S., Ch. 1.01, eff. The fine for this felony can be a maximum of $1,500. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. 1286, Sec. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 4.02, eff. (C) in discharging the firearm, causes serious bodily injury to any person. 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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 29), Sec. 593 (H.B. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 165, Sec. 176), Sec. 334, Sec. Sept. 1, 2003. In this case, they can still be released from jail. Added by Acts 1983, 68th Leg., p. 5312, ch. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. September 1, 2005. 440 (H.B. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. September 1, 2019. (a) A person commits an offense if the person commits assault as defined in Sec. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 399, Sec. (b) An offense under this section is a felony of the third degree. Any interaction that has physical contact that causes harm to the other person is considered assault. 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. Indecent exposure to a child. Barnes remained in jail as of Monday, according to court records. (B) the victim was a nondisabled or disabled child at the time of the offense. September 1, 2017. 5, eff. 18, Sec. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. 788 (S.B. (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. While states define and penalize aggravated assault differently, most punish these crimes 1, eff. Acts 2017, 85th Leg., R.S., Ch. 667), Sec. This 497, Sec. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. What is a No Bill? Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. 33, eff. (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. 2, eff. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. 1095), Sec. Misdemeanor assault charge penalties in Texas. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 2, eff. April 14, 1987; Acts 1987, 70th Leg., ch. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Never believe anything you read on the internet, even if it is found on a law related blog. September 1, 2007. Serious bodily injury means injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 3, eff. A Class A misdemeanor is the least serious of these charges. 705), Sec. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. Contact our office today for a free initial consultation and learn what options are available to you. Do not delay. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 900, Sec. Acts 2007, 80th Leg., R.S., Ch. 784 (H.B. 2, eff. Acts 2017, 85th Leg., R.S., Ch. (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. 29, eff. 282 (H.B. Sept. 1, 1999. 1, eff. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003. When the conduct is engaged in recklessly, the offense is a state jail felony. September 1, 2021. Acts 2005, 79th Leg., Ch. (2) "Spouse" means a person who is legally married to another. 2, eff. 5, eff. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. 1, eff. 1, eff. 900, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 643), Sec. 2, eff. 1, eff. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. DEADLY CONDUCT. Acts 2015, 84th Leg., R.S., Ch. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Oct. 2, 1984. 788 (S.B. 1.01, eff. Penal Code 12.42, 12.43 (2022).). Can You Get a Bail Bond for a Felony Charge in Texas? (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. 620, Sec. Jul 14, 2020. 1, eff. He was originally indicted on five felony Sec. (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. 1, eff. (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. AGGRAVATED ASSAULT. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1974. (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. Recklessness is acting with a conscious disregard to the results of that action. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. 1576), Sec. 294, Sec. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. 3607), Sec. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Acts 2017, 85th Leg., R.S., Ch. 273, 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. Jan. 1, 1974. (f) An offense under Subsection (c) is a state jail felony. (Tex. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. 91), Sec. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. Sec. 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. (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. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. 1, eff. It can be classified as simple and aggravated assault. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. Acts 2021, 87th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 505 N Frazier St. Conroe , TX. (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. Intoxication assault. Broken bones or permanent scarring would be considered a serious bodily injury. (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. (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. Sept. 1, 1985. Start here to find criminal defense lawyers near you. 21.001(39), eff. Acts 2005, 79th Leg., Ch. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Amended by Acts 2003, 78th Leg., ch. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after 12, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2017. 22.01 (Assault) and the person: (1) causes 79, Sec. 34 (S.B. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 16, Sec. 1, eff. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. Search Texas Statutes. This month we feature Eric Benavides a criminal attorney in Houston, Texas. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. 1, eff. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to 1.01, eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 202, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 3019), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 7, eff. (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. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. 3, eff. (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. Sec. 2, eff. Sec. 399, Sec. The offense becomes a first-degree felony when any of the following Lets give you an example of a bail bond amount. 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. If you have been arrested Schedule Your Updated: September 28, 2021; Original post: June 7, 2018. 388, Sec. (1) "Child" has the meaning assigned by Section 22.011(c). September 1, 2011. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 22.021. 5, eff. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. Call today for afree case review. The penalties for assault on a family member can vary depending on what level of charge was brought against you. 1808), Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 28, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (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. 142, eff. (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. 896, Sec. Acts 2005, 79th Leg., Ch. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. (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.