A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. Acts 1973, 63rd Leg., p. 883, ch. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Prostitution can result in a prison sentence of up to 2 years in prison depending on prior offenses. 334, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. 1095), Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 12, eff. 1087, Sec. 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. 955 (S.B. 1808), Sec. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. 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. 467 (H.B. Sept. 1, 2003. 788 (S.B. Acts 2007, 80th Leg., R.S., Ch. 427 (H.B. Intoxication assault. (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. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (C) the victim is an elderly individual or a disabled individual. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2005. Added by Acts 2019, 86th Leg., R.S., Ch. WebTwo to ten years in prison and possible fine not to exceed $10,000. In Aggravated Sexual Assault cases involving an adult victim, the punishment range is 5-99 years imprisonment since it is defined as a felony in the first degree. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2017. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 19, eff. Acts 2007, 80th Leg., R.S., Ch. Broken bones or permanent scarring would be considered a serious bodily injury. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. 977, Sec. 1, eff. Sept. 1, 2003. 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. Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person. Punishment for Assault. 900, Sec. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 604, 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. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. 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. Typically, Aggravated Assault is charged as a Second or First Degree felony. In some states, the information on this website may be considered a lawyer referral service. 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. 184), Sec. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 549), Sec. Penal Code 12.42, 12.43 (2022).). Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? (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. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. (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. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. Acts 2005, 79th Leg., Ch. 809, Sec. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. 1286), Sec. It can be classified as simple and aggravated assault. 1102, Sec. 1 (S.B. 1, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. 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. Bail jumping of a felony arrest. Acts 2005, 79th Leg., Ch. 165, Sec. (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. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 399, Sec. September 1, 2021. Penal Code 1.07, 22.01, 22.02 (2022).). 268 (S.B. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. Nothing on this website should be considered valid legal advice, nor is it intended to be. Acts 2011, 82nd Leg., R.S., Ch. SEXUAL ASSAULT. September 1, 2009. 1259), Sec. 436 (S.B. Sept. 1, 2003. 6, 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. September 1, 2007. To be charged with Aggravated Assault, there must have been an actual physical injury. 1, eff. (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. According to Tex. 643), Sec. 900, Sec. It includes Class C misdemeanors committed with deadly weapons. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. TERRORISTIC THREAT. 1, eff. Acts 2005, 79th Leg., Ch. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. 34 (S.B. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. 459, Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 623 (H.B. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 24, eff. 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. 46, eff. 584 (S.B. Typically, Aggravated Assault is charged as a Second or First Degree felony. WebA bail hearing is every defendants right. Sept. 1, 2003. He is the founder of The Benavides Law Group. Acts 2009, 81st Leg., R.S., Ch. 162, Sec. Sept. 1, 2001. A No Bill is the equivalent of a dismissal of your aggravated assault charges. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. (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. September 1, 2017. Misdemeanor assault charge penalties in Texas. 1, eff. (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. Examples: Aggravated perjury. (2) is committed against a public servant. (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. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. Sept. 1, 1997; Acts 1995, 74th Leg., ch. ABANDONING OR ENDANGERING CHILD. 14, Sec. Sept. 1, 1994. 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.. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. September 1, 2017. 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, 2005. Acts 2017, 85th Leg., R.S., Ch. 873 (S.B. 3, eff. (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. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. (a) A person commits an offense if the person commits assault as defined in Sec. Added by Acts 1985, 69th Leg., ch. 1549), Sec. Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. September 1, 2011. CLICK HERE FOR TITLE OR CONTRACT BONDS. Acts 2005, 79th Leg., Ch. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 24), Sec. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 858 (H.B. Criminal Lawyer Tip: Serious bodily injury must be proven beyond a reasonable doubt that establishes a permanent or substantial loss of use of a bodily member or organ. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 739, Sec. 788 (S.B. 655, Sec. 5, eff. September 1, 2017. 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 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. 1, eff. The fine for this felony can be a maximum of $1,500. (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, 2005. 728 (H.B. 667), Sec. 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. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. 3, eff. September 1, 2021. 1, eff. 1 to 3, eff. 1, 2, eff. 22.10. 1038 (H.B. A good aggravated assault lawyer will examine the witness statements and determine if they make sense compared to what happened at the scene. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. 223, Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 3607), Sec. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 900, Sec. 495), Sec. September 1, 2005. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Your attorney will advise you on the best options available to fight back against your charges. September 1, 2007. Acts 2021, 87th Leg., R.S., Ch. Barnes remained in jail as of Monday, according to court records. September 1, 2011. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. September 1, 2015. 900, Sec. June 11, 2009. What are the punishments for Aggravated Assault in Texas? 896, Sec. September 1, 2017. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. He was originally indicted on five felony (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 6), Sec. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally, knowingly or recklessly causing serious bodily injury to another person, or, using or exhibiting a deadly weapon in the course of committing, the offender uses a deadly weapon in committing, the aggravated assault is committed by or against a public servant, such as a state worker or city counselor acting in their official capacity, the offender commits aggravated assault in retaliation against a witness, informant, or a person who reported a crime, or. 687, Sec. 1306), Sec. Possibility of community supervision. Sept. 1, 1983. 16, Sec. 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 Sept. 1, 1994; Acts 1995, 74th Leg., ch. 3, eff. The penalty increases to a third-degree felony if it involves discharging a firearm. 505 N Frazier St. Conroe , TX. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. Depending on the circumstances of the incident, other items like chairs, ropes, or baseball bats can be considered deadly weapons. Never believe anything you read on the internet, even if it is found on a law related blog. 461 (H.B. 659, Sec. 436 (S.B. 1, 2, eff. 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. 165, Sec. 440 (H.B. The Texas Republican Party will decide Saturday whether to censure U.S. Rep. Tony Gonzales of San Antonio over his votes to uphold same-sex Scott Saunders Jr., the former mayor of Smithville, Texas, was arrested twice in 2021 on a total of five charges, including sexual assault of a LUBBOCK, Texas Jeffrey Hatton, 26, pleaded guilty Friday to aggravated sexual assault of a child. (d) The defense provided by Section 22.011(d) applies to this section. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 34 (S.B. 15.02(b), eff. 284(32), eff. Phone:817-839-3965 Fort Wort Address:115 W 2nd St #201, Fort Worth, TX 76102 Arlington Address: 4275 Little Road Suite 205, 9, Arlington, TX 76016 Southlake Address: 771 E Southlake, Suite 105, Southlake, TX 76092, North Richland Hills | Arlington |Mansfield | Euless | Bedford | Keller | Grand Prairie | Burleson | Grapevine | Colleyville | Southlake, Aggravated Assault Deadly Weapon - A Former DA Explains How to Beat Your Case! Can You Get a Bail Bond for a Felony Charge in Texas? 3, eff. 1, eff. 1, eff. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. September 1, 2017. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. September 1, 2007. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. This month we feature Eric Benavides a criminal attorney in Houston, Texas. ASSAULT. (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. Sept. 1, 1999. Oct. 2, 1984. Sept. 1, 1994. September 1, 2017. In Texas, aggravated sexual assault is always a first-degree felony. 2, eff. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 688), Sec. 620, Sec. Penal Code 12.21, 12.34, 22.05 (2022).). 29), Sec. (Tex. Anywhere between $5,000 and $50,000 is a reasonable range. At The Hampton Law Firm, you will have a team of 5 Former Tarrant County Prosecutors working in your corner to provide you the best legal advice and fight to ensure you receive the best possible outcome on your aggravated assault charge. (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. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines. Bail percentages can vary by state & be as low as 5% or even as high as 20%. Acts 2021, 87th Leg., R.S., Ch. 946), Sec. 5, 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. (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. 1420, Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. 399, Sec. These types of injuries normally require hospitalization, surgery, or physical therapy for treatment. 3, 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. September 1, 2017. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 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. Escape from felony custody. Sec. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. The attorney listings on this site are paid attorney advertising. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aggravated assault is a crime of violence. 318, Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 2, eff. 977, Sec. 528, Sec. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (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. 6.05, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4, eff. September 1, 2015. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Assault against someone who reported a crime, an informant, or a witness. 4170), Sec. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. Contact our office today for a free initial consultation and learn what options are available to you. (b) An offense under this section is a Class C misdemeanor. Acts 2015, 84th Leg., R.S., Ch. (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. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Amended by Acts 1985, 69th Leg., ch. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Acts 2021, 87th Leg., R.S., Ch. causes impairment of the function of a body part or organ. How Much Is Bail for a Felony in Philadelphia? Victim is a public servant or security officer working in his or her line of duty. 623 (H.B. 2, eff. 3, eff. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 16.002, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Bail for third-degree felonies is usually around $1,500 to $5,000. 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. 4, eff. 461 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. Acts 2005, 79th Leg., Ch. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. 791, Sec. 282 (H.B. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500.