3000), Sec. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. 1228 (S.B. Art. It can be charged as a 3rd, 2nd, or 1st-degree felony. Someone who exposes themself purposely in front of someone is a different story. (a) amended by Acts 2003, 78th Leg., ch. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. 420 (S.B. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS ORDER. The highest level Misdemeanor that someone can be charged with is a Class A. This form is encrypted and protected by attorney-client confidentiality. those who may already have been infected with the coronavirus. The court will likely issue a bench warrant for the persons arrest. 17.09. (2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested: (A) on more than one occasion for an offense involving family violence; or. Acts 2021, 87th Leg., 2nd C.S., Ch. June 20, 2003. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. 1070), Sec. 1, eff. Art. Acts 2009, 81st Leg., R.S., Ch. Courts can also choose to release a defendant on personal recognizance. Art. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15 (a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (2) the penalties for violating a condition of release. Any potential enhancements will be explained, including the prospective bail bond amounts for those charges. This can become enhanced depending on the value of the service stolen, going all the way up to 1st-degree felony (with every charge in between). (B) involves violence directed against a peace officer. How Much is Bail for DWI in Texas? Assault against a spouse or someone else is much higher - around $10,000. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. June 14, 1995; Acts 1995, 74th Leg., ch. Class A misdemeanor: Up to one year in jail and a fine of up to $4,000. Acts 2017, 85th Leg., R.S., Ch. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. (d) The victim of the offense need not be present when the order for emergency protection is issued. Acts 2011, 82nd Leg., R.S., Ch. This egregious charge involving a victim will have a bail bond amount closer to $500K. A bail bond amount for this offense can be closer to $15K. Art. 318, Sec. 17.53. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. 108 (S.B. 3692), Sec. It will also be enhanced to a Class A misdemeanor when someone has previously been convicted of a DWI, and an Ignition Interlock Device will also be required. 1, eff. (2) on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. 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. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. Sept. 1, 1995; Subsecs. 5.001, eff. 1849), Sec. The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. We do not handle any of the following cases: And we do not handle any cases outside of California. 17.33. Acts 2011, 82nd Leg., R.S., Ch. First Degree Felony: The crimes of this . (a) A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. Sept. 1, 1999. (k-1) A law enforcement agency may delay entering the information required under Subsection (k) only if the agency lacks information necessary to ensure service and enforcement. After booking, the defendant may be offered to option to pay bail based on a schedule of common crimesfor example, $500 for a nonviolent misdemeanor. (j) The magistrate may enter an order or take other action authorized by Article 16.22 with respect to a defendant who does not appear capable of executing an affidavit under Subsection (f). Those bail bond amounts can range from $15K-$50K. 1, eff. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. This charge can be enhanced to a 2nd-degree felony if the parties involved are related by blood or adoption. 1, eff. The bail bond amount can range from $3,000-$7,000. 787, Sec. 3, eff. If it is not posted, he or she will most likely remain in custody while awaiting trial. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. 570), Sec. 4, eff. Burglarizing a vehicle is a serious offense that can have a bail bond amount ranging from $5,000-$7,000. The amount of such expense shall be in addition to the principal amount specified in the bond. This state jail felony bail bond amount could be even higher. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. 722. (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. (d) added by Acts 2003, 78th Leg., ch. Added by Acts 1971, 62nd Leg., p. 2445, ch. This offense can be enhanced depending on the drug and the number of drugs. (f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. The disadvantage is that the defendant or defense attorney might convince the judge at a hearing to reduce or waive the bail amount entirely (which can save a lot of money). (h) As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality. 654 (H.B. (f-2) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code: (1) is informed of the existence of the order issued under this article; and. But first, a few things must happen. The lowest level of felonies is a state jail felony. 1064 (H.B. Art. Burglary of a habitation charge is a 2nd-degree felony, with bond amounts ranging from $15K-$50K. (a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. This offense can also be enhanced to a 3rd, 2nd, or 1st-degree felony. Let's give you an example of a bail bond amount. Because these offenses have a victim involved and are considered to be morally wrong, the bail amounts will be closer to the higher end of the spectrum. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6). There is no bail bond amount, and the defendant is released to appear back in court. Because this offense is morally wrong and involves a victim, the bail bond amount could be closer to $10K. 17.19. 17.42 by Acts 1991, 72nd Leg., ch. 2, eff. (d) As soon as practicable but not later than the next business day after the date the sheriff receives the information: (1) described by Subsection (b), the sheriff shall: (A) enter the information into the database; and, (B) make a good faith effort to notify by telephone any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense that the defendant to whom the order is directed has been released on bond; and. Because this offense is more serious being that it is morally bad to coerce someone, the bail bond amount is going to be closer to $7,000. Acts 2005, 79th Leg., Ch. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. (2) offered by an accredited institution of higher education in this state. Acts 2017, 85th Leg., R.S., Ch. REQUISITES OF A PERSONAL BOND. 17.14. 12, eff. It will be enhanced to a 2nd or 1st-degree felony if the escape resulted in injury or a deadly weapon was used, with a bail bond amount upwards of $30K. In special circumstances like if your family lives in the area or you are employed or if it is your first offence the bail amount will be reduced by the judge. This offense is enhanced to a Class B misdemeanor when a deadly weapon is displayed or discharged. 3.10, eff. Known as a PR bond, defendants released on personal recognizance do not have to post any money for bail. Art. 930 (H.B. the defendant's financial ability to pay bail. Art. December 2, 2021. Sept. 1, 1999. DISQUALIFIED SURETIES. Sept. 1, 1985. The next level of felony offenses is classified as a 2nd-degree felony. Acts 2019, 86th Leg., R.S., Ch. 2, eff. September 1, 2005. Bond amounts for this 3rd-degree felony can start at $30K and can go all the way up to $100K for a 1st-degree felony. 658, Sec. (b), (c) amended by Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989; Sec. September 1, 2019. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). Art. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. 11 (S.B. 1298 (H.B. 1573), Sec. 1490, Sec. (2) the sheriff of the county where the defendant resides. This offense can be enhanced depending on the value of the property stolen, going all the way up to a 1st-degree felony (with every charge in between). That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054, an offense described by Article 62.001(5), or an offense under Section 20A.03, Penal Code, the judge or magistrate shall provide: (1) to the attorney representing the state, reasonable notice of the proposed bail reduction; and. (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. 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