how much is bail for assault in texas

1, eff. The amount of bail that courts will set for pre-trial release depends in large part on the criminal charge. How do you post bail for someone? (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or. The ability to make bail shall be considered, and proof may be taken on this point. 1, eff. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. 610, Sec. You'll also need to provide collateral. January 1, 2022. Allen was killed during a traffic stop in 2017. 588, Sec. If someone is charged with graffiti to a school, university, church, community center, or public monument, the offense is a State Jail Felony. 17.0501. 7.002(f), eff. 12.32 of the Texas Criminal Penal Code, the punishment range for a 1st-degree felony is as follows: (a) An individual convicted of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. 17.27. 2, eff. Subsecs. It will not be returned when the case ends. Jan. 28, 1997. 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. Robbery - If a person is accused of using a deadly weapon or threatening or inflicting injury or death, they may be charged with aggravated robbery, and bail may be up to $500,000. 108 (S.B. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. The payment of bail does two things: It grants the defendant freedom (at least until the date of trial) and discourages the defendant from skipping town (or the trial). 34 (S.B. September 1, 2011. (a) A surety may before forfeiture relieve the surety of the surety's undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or. 4. 1, eff. This offense can have a bail bond amount closer to $30K. Added by Acts 2015, 84th Leg., R.S., Ch. 1540), Sec. (b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. This bail bond amount can be upwards of $500K. It can go all the way up to a 1st-degree felony (with every charge in between). Added by Acts 2001, 77th Leg., ch. This process could take several hours or longer. This charge can be enhanced, however, depending on the value of the motor vehicle. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. This is typically the, At the arraignment, the defendant may enter a, If the arraignment does not occur within 48 to 72 hours, the defendant will be given a bail hearing (or in some cases a. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. Added by Acts 2009, 81st Leg., R.S., Ch. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. RULES APPLICABLE TO ALL CASES OF BAIL. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. The magistrate shall make a separate record of the service in written or electronic format. This bill, called the Damon Allen Act - named after a Texas State Trooper killed during a traffic stop by someone who was out on . Lic.# 0022. (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and. The punishment according to Sec.12.21 of the Texas Criminal Penal Code states, An individual convicted of a Class A misdemeanor shall be punished by:(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. Acts 2005, 79th Leg., Ch. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. September 1, 2017. 3, eff. those who may already have been infected with the coronavirus. Defendants who post bail and then miss a court date forfeit their bail money. Amended by Acts 1987, 70th Leg., ch. The next level of felony offenses is classified as a 2nd-degree felony. Added by Acts 1985, 69th Leg., ch. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). 3, eff. In those cases, the defendant can walk out of the police station after paying the scheduled amounta sequence sometimes referred to as "catch and release." Sept. 1, 1991; Subsec. 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 much higher depending on the class. Subsec. 5, eff. Some courts may be more willing to let defendants out on reduced bail or on personal recognizance if they are at risk for the disease. Sept. 1, 1999. When it comes to common crimesfor example, shoplifting or reckless drivingthe police sometimes use preset bail schedules. This charge is enhanced to a 3rd-degree felony when it is repeated, along with a bail bond amount that can range from $10K-$20K. (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. The penalty increases to a third-degree felony if it involves discharging a firearm. Art. (c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (2) refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or. In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond. Sept. 1, 1999. 659, Sec. WITNESS MAY BE COMMITTED. (4) possessing a firearm, unless the person is 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. To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in . County, and have property in this State liable to execution worth said amount or more. If it is a felony court appearance that you miss, you will be charged with a 3rd-degree felony for failing to appear, and the bail bond amount will be closer to $10K. December 2, 2021. Acts 2017, 85th Leg., R.S., Ch. Sec. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. June 20, 2003; Subsec. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Art. 5.001, eff. This is a morally bad offense that includes a victim. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. Class A misdemeanor bail bond amounts can range from $3,000-$15K depending on the offense. Sept. 1, 2001. 1576), Sec. Third-degree felony: Up to 10 years in prison, fine of up to $10,000. 4), Sec. (b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is: (B) a justice of the peace serving under Section 27.054 or 27.055, Government Code; or, (C) a judge or justice serving under Chapter 74, Government Code; and. May 19, 2011. September 1, 2005. If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. 3692), Sec. Sept. 1, 1985. Penal Code 12.21, 12.34, 22.05 (2022).) Acts 2013, 83rd Leg., R.S., Ch. That it be made payable to "The State of Texas"; 2. Under no circumstances will you get the premium back. 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. 76, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (c) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. 17.33. (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). . Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. The bail bond amount for this charge can be upwards of $50K. January 1, 2020. It is enhanced to a 2nd degree if someone has been previously convicted or if engaged with a person under 18, with a bail bond amount closer to $50K. (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. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. 950 (S.B. The suspect was out of jail on a $15,500 bond after allegedly assaulting a sheriff's deputy. 1, eff. Art. Acts 2019, 86th Leg., R.S., Ch. (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not: (1) communicate directly or indirectly with the victim; or. This is a morally wrong offense with an alleged victim. Art. 17.53. (b) In addition to imprisonment, an individual convicted of a felony of the second degree may be punished by a fine not to exceed $10,000. Bail bond amounts for a 2nd-degree felony can range from $15K-$50K. 2, eff. 3000), Sec. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. 12.34 of the Texas Criminal Penal Code, the punishment for a 3rd-degree felony states, (a) An individual convicted of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. While many offenses may start out at a certain level, there could be some factors that would make it a higher charge, which is known as an offense being enhanced. Acts 2005, 79th Leg., Ch. Added by Acts 1989, 71st Leg., ch. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 346), Sec. This includes: If the defendant misses a required court appearance, it can forfeit the bond. (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. If the defendant doesn't show up as planned, the money or property (yours or the defendant's) can be forfeited and the defendant is subject to arrest, again. In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. Such affidavit shall be filed with the papers of the proceedings. This bail bond could go up to $10K because of its seriousness. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. (a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. 17.085. (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. 828, Sec. When that happens, the bail bond amount will be enhanced (meaning higher) as well. The bail bond amount can range from $1,000-$3,000. September 1, 2017. May 11, 2007. 232 (H.B. As a Class C misdemeanor, there is no bail bond amount, and the defendant is released to appear. 2, eff. 4, eff. An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. 4, eff. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., Ch. First Degree Felony: The crimes of this . 17.39. 1038 (H.B. January 1, 2020. September 1, 2011. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. The term does not include: (1) a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 5(a), eff. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. (4) the court that issued the order releasing the defendant on bond. September 1, 2017. Added by Acts 1999, 76th Leg., ch. A DWI is enhanced to a Class A misdemeanor when someones alcohol concentration level is 0.15 or higher. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and. (f) To the extent that a condition imposed by an order for emergency protection issued under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for the duration of the order for emergency protection. 1, eff. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility. (c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations. Magistrate shall make a separate record of the service in written or electronic format charge, the bail could! 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