What is the maximum sentence for aggravated assault with a deadly weapon in Texas?
20 years
The offense of aggravated assault with a deadly weapon in Texas is a second degree felony with a punishment range of up to 20 years in prison and a fine of up to $10,000.
What is the punishment for assault on family member in Texas?
Under Texas law, this is the second most serious felony, bringing penalties which range from five years to life in prison, and fines up to $10,000. Continuous Violence Against the Family can be charged when the defendant in question has committed two or more assaults within twelve calendar months.
Can an aggravated assault charge be dismissed in Texas?
Can assault charges be dropped by the State? Yes. But the prosecutor doesn’t dismiss assault cases just because the Victim asks. Prosecutors will even go forward with the assault case without the victim’s cooperation.
What is the statute of limitations in Texas for aggravated assault?
two years
The Texas Court of Criminal Appeals (the highest criminal court in Texas) recently (Novemeber 2016) held that the limitation period for Aggravated Assault is two years.
What class felony is assault with a deadly weapon in Texas?
second-degree felony
Assault with a deadly weapon is usually charged as a second-degree felony and punishable by fines up to $10,000 and a prison sentence of 2 to 20 years. Under certain circumstances, this can even be elevated to a first-degree felony.
How long do you go to jail for assault in Texas?
Penalties for Misdemeanor Assaultive Offenses in Texas Class B misdemeanors carry a penalty of up to 180 days in county jail and a $2,000 fine. Instances of domestic assault or causing injury or pain are often considered Class A misdemeanors, which are punishable by up to one year in county jail and a $4,000 fine.
Is assault of a family member a felony in Texas?
In Texas, assault on a family member—better known as “domestic assault”—is a serious criminal offense. Although Texas law generally treats domestic assault as a misdemeanor, the charge may be enhanced to a felony if you have a previous domestic assault conviction.
How long does Texas have to indict you on a felony?
Three years
For crimes not explicitly listed in Texas Code of Criminal Procedure § 12.01, a general statute of limitations applies to the indictment: Three years for felonies; and. Two years for misdemeanors.
What is the punishment for 2nd degree felony in Texas?
Second degree felonies are a type of serious crime in Texas. Convictions for second-degree felony offenses carry a minimum of 2 years in jail. The prison sentence can last as long as 20 years. Fines of up to $10,000 are also possible.
Is assault in Texas a felony?
Simple assault in Texas typically carries misdemeanor penalties, but the offense can easily elevate to a felony. A person convicted of simple assault could face jail or prison time and hefty fines and fees.
What are the levels of assault in Texas?
While assault and battery are considered separate offenses in other states, they are used interchangeably in Texas to mean assault. There are two types of assault charges in the Lone Star State: simple assault and aggravated assault.
How long does it take for a felony case to go to trial in Texas?
Trial. According to the Texas felony process, trial will commence within 180 days of the arrest. You and your attorney will have the opportunity before trial to negotiate a plea deal with the prosecution. The plea bargain can allow you to plead guilty to lesser charges, thus minimizing your punishment.
What happens after a felony indictment in Texas?
An arraignment signifies the start of court proceedings. Here, the court reads the charges, takes a plea, and places counsel on record. For those that plead guilty, this is the final step before sentencing. According to the Texas code of criminal procedure, arraignments usually take place two days after an indictment.
How is an assault classified as aggravated?
If a victim suffers serious injuries, an assault will be classified as aggravated. Many states follow guidelines that specify particular injuries to determine the seriousness of the assault, but also allow law enforcement and the judicial system to consider the severity of injury.
What constitutes assault with a deadly weapon?
Threatening to beat someone up with brass knuckles or to “break your legs” while wielding a metal bar also constitutes assault with a deadly weapon, because the threat and menacing behavior occur while the offender wields a weapon that likely could cause death or severe injury.
What happens if the victim dies after an aggravated assault charge?
If the victim dies at a later time as a result of the aggravated assault, the judicial system may upgrade the charge to murder or manslaughter.
What are the different degrees of assault on a family member?
5-26-307. First degree assault on a family or household member 5-26-308. Second degree assault on a family or household member 5-26-309. Third degree assault on a family or household member 5-26-314. Unlawful distribution of sexual images or recordings