1, eff. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. Sec. 728 (H.B. 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. 1, 2, eff. 22.08. 688), Sec. If the assault is classified as a Class B misdemeanor, the penalty is a maximum fine of up to $2,000 and/or up to 6 months in jail. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 282 (H.B. Deadly conduct with a firearm. September 1, 2005. 543 (H.B. 734 (H.B. Acts 2005, 79th Leg., Ch. 6, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. (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. 900, Sec. 481, Sec. 623 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. 459, Sec. Amended by Acts 2003, 78th Leg., ch. 1, eff. Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. 1029, Sec. Bail for third-degree felonies is usually around $1,500 to $5,000. DEADLY CONDUCT. Acts 2005, 79th Leg., Ch. (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. 3, eff. September 1, 2007. September 1, 2021. 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. Examples include a firearm, hunting knife, rope, or even a baseball bat. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Although the driver had no intention of hurting anyone, their actions were in conscious disregard to the risk and results that someone could be seriously injured. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Acts 2015, 84th Leg., R.S., Ch. 22.07. (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. Amended by Acts 1977, 65th Leg., p. 2067, ch. (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. Acts 2015, 84th Leg., R.S., Ch. The attorney listings on this site are paid attorney advertising. 1808), Sec. This Acts 2009, 81st Leg., R.S., Ch. If you are convicted for assault charges in Texas, your consequences go beyond prison and fines. 22.09. 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.. 1, eff. 738 (H.B. 1, eff. Yes! 10, eff. In 2016 there were 72,609 reports of aggravated assault in Texas. 939, Sec. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (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. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. September 1, 2017. 573, Sec. 1, eff. Reenacted and amended by Acts 2005, 79th Leg., Ch. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 1, eff. (3) "Household" has the meaning assigned by Section 71.005, Family Code. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, 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). Sept. 1, 1983. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. Possibility of community supervision. Acts 1973, 63rd Leg., p. 883, ch. What if the criminal mental state can be proven by the prosecutor? 2, eff. 2, eff. 2, eff. (b) An offense under this section is a Class C misdemeanor. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 24), Sec. 436 (S.B. (2) uses or exhibits a deadly weapon during the commission of the assault. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 620, Sec. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. September 1, 2005. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 3, eff. Yes! Penal Code 12.42, 12.43 (2022).). 202, Sec. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 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. As you can see from the examples above, there can be times when there is very little evidence to establish an arrest for aggravated assault deadly weapon. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? 27, eff. September 1, 2017. Sept. 1, 2003. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. September 1, 2021. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 1, eff. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. (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. 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. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (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. Sept. 1, 1983. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 3019), Sec. (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, 1995; Acts 1995, 74th Leg., ch. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 461 (H.B. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. AGGRAVATED SEXUAL ASSAULT. 1.01, eff. (2) not attended by an individual in the vehicle who is 14 years of age or older. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. September 1, 2007. In the following 22.02 Aggravated Assault (a) A person commits an offense if the person commits assault as defined in Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. 1, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 2, eff. 8), Sec. 6.05, eff. (b) An offense under this section is a felony of the third degree. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. An offense under Subsection (b) is a felony of the third degree. (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. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 900, Sec. 739, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1983. 1.01, eff. September 1, 2005. 1019, Sec. 91), Sec. 3607), Sec. 685 (H.B. 334, Sec. 1, eff. 22.04. 22.02. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. Aggravated assault is normally a second-degree felony. WebTwo to ten years in prison and possible fine not to exceed $10,000. 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. 176), Sec. 1052, Sec. 1576), Sec. 461 (H.B. 14, Sec. ASSAULT. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Web(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 If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1.18, eff. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2011, 82nd 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. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. 294, Sec. (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. If you have been charged with aggravated assault in Texas, you need to be informed about the charges you are facing and prepared for what you can do to attack those charges. September 1, 2017. 662, Sec. 2, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 11, eff. 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. Texas Criminal Attorneys Taking Care of Texas Blawg. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. 553, Sec. (Tex. (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. 497, Sec. 16.002, eff. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Jan. 1, 1974. Jan. 1, 1974. (e) An offense under Subsection (a) is a Class A misdemeanor. Sec. (8) a person the actor knows is pregnant at the time of the offense. 29), Sec. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. Punishment for Assault. 1, eff. 840 (H.B. Amended by Acts 1993, 73rd Leg., ch. September 1, 2011. What are the punishments for Aggravated Assault in Texas? So, how much is bail for assault in Texas? Sec. Acts 2005, 79th Leg., Ch. September 1, 2005. 1, 2, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 2003. Sept. 1, 2001. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. Sept. 1, 1994. 34, eff. 399, Sec. Recklessness is acting with a conscious disregard to the results of that action. Sept. 1, 1981; Acts 1989, 71st Leg., ch. causes impairment of the function of a body part or organ. 22.011. 162, Sec. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. September 1, 2009. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 903, Sec. 139, Sec. September 1, 2017. 2, eff. 620 (S.B. 2, eff. 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. September 1, 2005. 1, eff. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Sec. 1286), Sec. Acts 2017, 85th Leg., R.S., Ch. Webyou committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didnt specifically intend to kill anyone) A minimum of 2 and a maximum of 20 years in state prison; and/or. Sec. 604, Sec. 2, eff. September 1, 2017. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, arts. September 1, 2021. 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. 1031, Sec. A King County judge granted pre-trial release to a man accused of killing one person and shooting six others in the Jan. 2020 mass shooting in downtown Seattle. Sept. 1, 1995; Acts 1999, 76th Leg., ch. How Much Is Bail for a Felony in Philadelphia? 1038 (H.B. September 1, 2011. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 14.829, 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. 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. Lets give you an example of a bail bond amount. (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. 955 (S.B. 1, eff. 357, Sec. 3, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 900, Sec. (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. 8.139, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Anywhere between $5,000 and $50,000 is a reasonable range. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 875 (H.B. (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. (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. 1.01, eff. 399, Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 1, eff. 2589), Sec. 427 (H.B. Acts 1973, 63rd Leg., p. 883, ch. (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. Acts 2007, 80th Leg., R.S., Ch. (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. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. 687, Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. September 1, 2021. 1, eff. September 1, 2019. 14, Sec. September 1, 2019. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 29), Sec. 6), Sec. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost 900, Sec. Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Class B misdemeanor: Up to 180 days in jail and a fine If you have been arrested Schedule Your Initial Consultation: 469-565-1221 896, Sec. Acts 2019, 86th Leg., R.S., Ch. 461 (H.B. 1, eff. 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. AGGRAVATED ASSAULT. 2, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 1, eff. 3, eff. Acts 2015, 84th Leg., R.S., Ch. 2908), Sec. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1979, 66th Leg., p. 367, ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (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. 91), Sec. 1575), Sec. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 784 (H.B. Acts 2017, 85th Leg., R.S., Ch. Lets take a look the statutory definition of the offense. 1286), Sec. 719 (H.B. September 1, 2005. (2) "Elderly individual" means a person 65 years of age or older. WebSIMPLE OR AGGRAVATED ASSAULT: THE DIFFERENCE IT CAN MAKE. 22.01 (Assault) and the person: (1) causes With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. Contact our office today for a free initial consultation and learn what options are available to you. Acts 2015, 84th Leg., R.S., Ch. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). 22.06. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). 1, eff. September 1, 2005. 1, eff. 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. Start here to find criminal defense lawyers near you. 1, eff. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 549), Sec. Broken bones or permanent scarring would be considered a serious bodily injury.