Texas law dictates three different types of assault charges – intentional, deliberately threatening, and using physical contact in an offensive way. 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.
So, how much is bail for assault in Texas? There are various factors that influence the decision of the judge when setting the total bail bond amount. Thus, we’ll discuss the different types of assault crimes in Texas and how each of them can be punished by law.
Defining the Bail
According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. 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. 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.
Let’s give you an example of a bail bond amount. 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. 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.
Types of Assault, Charges, and Penalties
Any interaction that has physical contact that causes harm to the other person is considered assault. It can be classified as simple and aggravated assault.
● Simple Assault
There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc.
- A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. That includes charges of physically touching the victim or issuing a threat. The maximum punishment a person can get for this type of assault in Texas is a fine of $500.
- 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. If a non-sports participant provokes or threatens a sports participant, whether it’s a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor.
- Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. The fines for this type of assault range from up to 1 year in jail and up to $4,000 in fines.
- A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000;
A simple assault can be charged as a 3rd-degree felony if the victim is:
- A public servant.
- Pregnant individual.
- An employee in the government.
- Firefighters or other personnel from the emergency services.
- Security Officer.
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.
● Aggravated Assault
This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Aggravated assault involves:
- 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.
- Severe bodily injury that might last for a long time – for example, a fracture, causing permanent disability or disfigurement.
Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, it’s considered a 1st-degree felony.
- The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. It’s the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members.
- Second-degree felony charge result in a maximum of 20 years in prison. It includes Class C misdemeanors committed with deadly weapons.
- 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.
● State Jail Felony
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. The fine for this felony can be a maximum of $1,500.
● Capital Felony
A capital felony includes espionage, treason, or premeditated murder. The estimated bail amount in such cases can be more than $500,000.
Hire a Defense Lawyer
If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 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.
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.