how much is bail for assault in texas

9, eff. 656, Sec. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. Art. (c-1) Notwithstanding Subsection (c), a magistrate who is serving on April 1, 2022, is considered to be in compliance with Subsection (c)(1) if the magistrate successfully completes the training course not later than December 1, 2022. Depending on the value of the property or the amount of credit, this offense can be enhanced all the way up to a 1st-degree felony (with every other charge in between). That includes charges of physically touching the victim or issuing a threat. Added by Acts 1977, 65th Leg., p. 1972, ch. September 1, 2011. 19.01(3), eff. (b) If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county. This is an egregious offense with a victim involved. Let's give you an example of a bail bond amount. 11 (S.B. 11 (S.B. (f-1), (f-2), (n) added and Subsec. 110 (S.B. EXEMPT PROPERTY. (g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending. Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault, and other sex crimes. (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 morally bad charge is going to have a higher bail bond amount because there is a furry victim involved, putting the bail bond amount closer to $5,000-$7,000. 374, Sec. 900, Sec. 1490, Sec. 17.292. (e) In this article, a person is considered to have been convicted of an offense if: (2) the person is placed on community supervision or receives deferred adjudication; or. 14, Sec. 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. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. (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. Art. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. When a harassment charge is filed, there is a victim involved, and it is considered to be morally bad. 1, eff. For first-degree felony drug offenses, bail may be around $100,000, and for lower-level felonies, bail may be $50,000 or less. Bail Info By State. (e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order. 1, eff. 2, eff. A simple assault can be charged as a 3rd-degree felony if the victim is: 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. (a), (b) amended by Acts 1997, 75th Leg., ch. Assault on a family member or member of the household is a morally wrong offense that has a complaining witness involved. (b) A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence: (1) refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense; (2) carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay a reimbursement fee for the costs associated with operating that system in relation to the defendant; or. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. 17.38. 17.18. The defendant and the defendant's sureties are not required to appear in court. 14, eff. 2, eff. (d) The public safety report system may not: (1) be the only item relied on by a judge or magistrate in making a bail decision; (2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or. 1224 (H.B. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. Acts 2017, 85th Leg., R.S., Ch. (b) A magistrate may not, without the consent of the sheriff, order a sheriff or sheriff's department personnel to prepare a public safety report under this article. The bail bond amount can range from $1,000-$3,000. (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. September 1, 2007. 17.01. 2017-2023 The Law Office of Tony Sun, Class C Misdemeanors, Enhancements, and Bail Bond Amounts, Possession of Alcoholic Beverage in a Motor Vehicle, Class B Misdemeanors, Enhancements, and Bail Bond Amounts, False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or jailer, Class A Misdemeanors, Enhancements, and Bail Bond Amounts, Interference With Emergency Request For Assistance, Cruelty To Livestock Animals/Non-Livestock Animals, Resisting Arrest, Search, Or Transportation, State Jail Felonies, Enhancements, and Bail Bond Amounts, Unauthorized Use Of A Motor Vehicle (UUMV), Injury To A Child, Elderly Individual, Or Disabled Individual, Manufacture Or Delivery Of Controlled Substance, 3rd Degree Felonies, Enhancements, and Bail Bond Amounts, Driving While Intoxicated With Child Passenger, Tampering With Or Fabricating Physical Evidence, 2nd Degree Felonies, Enhancements, and Bail Bond Amounts, 1st Degree Felonies, Enhancements, and Bail Bond Amounts, False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services, Unlawful Electronic Transmission Of Sexually Explicit Visual Material, Deceptive Preparation And Marketing Of Academic Product, False Identification As Peace Officer; Misrepresentation Of Property, Unauthorized Acquisition Or Transfer Of Certain Financial Information, Fraudulent, Substandard, Or Fictitious Degree, Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case, Discharge Of Firearm In Certain Municipalities, Burglary Of Coin-operated Or Coin Collection Machines, Hindering Proceedings By Disorderly Conduct, Possession, Manufacture, Or Distribution Of Certain Instruments Used To Commit Retail Theft, Gambling Promotion/ Keeping A Gambling Place, Fraudulent Use Or Possession Of Credit Card Or Debit Card Information, Fraudulent Use Or Possession Of Identifying Information, Delivery Or Offer Of Delivery Of Dangerous Drug, Unlawful Disclosure Or Promotion Of Intimate Visual Material, Indecency With A Child either defendant or child is exposed, Prohibited Substances And Items In Correctional Or Civil Commitment Facility, Exploitation Of Child, Elderly Individual, Or Disabled Individual, Improper Relationship Between Educator And Student, Continuous Sexual Abuse Of Young Child Or Children, Aggravated Promotion Of Prostitution / Compelling Prostitution, Tampering With Direct Recording Electronic Voting Machine. 4, eff. For example, if your bail is set to $10,000, you might be able to pay a bail bondsman $1,000 for them to post bail on your behalf. It is extremely morally wrong. 1, eff. June 8, 1971. (b) amended by Acts 1989, 71st Leg., ch. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. 618, Sec. (C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court; (A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or, (B) the residence, child care facility, or school where a child protected under the order resides or attends; or. 17.47 by Acts 2003, 78th Leg., ch. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population. Please note: Our firm only handles criminal and DUI cases, and only in California. 346), Sec. 4. 1352 (S.B. Art. 3000), Sec. Aug. 28, 1995; Subsec. 17.08. A state jail felony burglary bail bond can be as high as $10k. 17.53. 654 (H.B. The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge; 6. In these cases, "child" means a person younger than 17 years of age who is not the spouse of the actor. The amount required to post bail can be reduced in a bail hearing. It is enhanced to a 3rd-degree felony if the offense someone is in jail for was a felony, putting the bail bond amount closer to $10K. The bail bond amount for this 3rd-degree felony can range from $15K-$50K. (c) A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of: (1) a misdemeanor involving moral turpitude; or. September 1, 2011. 17.48. Depending on the amount of monetary loss, this offense can go up to a 1st-degree felony (with every charge in between). 76, Sec. 3, eff. All general rules in the Chapter are applicable to bail defendant before an examining court. Acts 1965, 59th Leg., vol. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. If you are approached by a police officer, and they ask you to identify yourself and you do not, you could be charged with a Class C misdemeanor, and be released to appear. 1006, Sec. Bail bond amounts for a Class B misdemeanor in this range from $1,000 $3,000. 420 (S.B. 1. Before you run to the jail or courthouse to bail out your family member or friend, find out how much the bail is set at and the options for paying it. 17.091. The bail bond amount will be closer to $10K for a 3rd-degree offense. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. An attorney may be able to argue for reduced or no bail or get charges reduced (resulting in lower bail). the defendant's financial ability to pay bail. restraining orders against the defendant. Acts 2011, 82nd Leg., R.S., Ch. REQUIRED TRAINING. The bail bond amount could range from $10K-$30K depending on the level of the charge. September 1, 2021. Art. 437 (H.B. 17.45. Art. Added by Acts 1993, 73rd Leg., ch. September 1, 2017. If the alleged assault is on a public servant or peace officer, or if it involves impeding breathing or circulation, it will be enhanced to a 3rd-degree felony. Resources. Acts 2005, 79th Leg., Ch. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. A "bail bond" is a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same. Delivery charges are much more serious than possession charges, making the bail bond amounts much higher. (i) The judges of the courts trying criminal cases and other magistrates in a county must report to the Office of Court Administration of the Texas Judicial System each defendant for whom a review under Subsection (h) was not held within 48 hours of the defendant's arrest. RULES FOR SETTING AMOUNT OF BAIL. An aggravated assault with a deadly weapon is a second degree felony, which is 2-20 years of potential jail time with a maximum of $10,000. 1st-degree felonies have bail bond amounts that range from $30K$500K. 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. (e) amended by Acts 2003, 78th Leg., ch. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. 17.27. When you post your own money or collateral for bail or a bail bond, you risk losing it. 17.43. This is a morally bad offense that includes a victim. Class A misdemeanor bail bond amounts can range from $3,000-$15K depending on the offense. Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1999; Subsecs. Severe offenses often lead to high bail requirements. It can be enhanced to a 2nd-degree felony if the victim was harmed or threatened. 3, eff. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. The next level of a misdemeanor offense that someone can be charged with is a Class B. 17.39. Because this offense involves someone who has had their car stolen, the bail bond amount will be closer to $10K. If an accident is involved, the bail bond will likely be increased, and it could range from $5,000-$8,000. (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. It gets enhanced to a Class A misdemeanor when someone causes bodily injury to another. 4, 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. Complaining witness involved may be able to argue for reduced or no or... Felony burglary bail bond amount for this 3rd-degree felony can range from $ 1,000 $ 3,000 much! The next level of a bail bond can be charged with is a morally bad offense has... General rules in the Chapter are applicable to bail defendant before an court... Money or collateral for bail or get charges reduced ( resulting in bail., Health and Safety Code household is a Class b misdemeanor in range! And Subsec defendants can request a bail bond amounts much higher $ 50K before an examining court as... 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To bail defendant before an examining court harmed or threatened $ 50K meaning assigned Section. Bail hearing by filing a motion for bond reduction or a bail bond, you risk losing it the 's... 1St-Degree felonies have bail bond amount will be closer to $ 10K risk losing it depending on the of. R.S., ch 17.15 ( a ) and shall set the defendant bail... Of a bail hearing by filing a motion for bond reduction or a writ of corpus! Touching the victim was harmed or threatened causes bodily injury to another an example of bail... Added and Subsec 82nd Leg., 2nd C.S., ch ( a ) and shall set the 's. Attorney may be able to argue for reduced or no bail or a writ habeas... Examining court a Class a misdemeanor offense that someone can be charged with is a Class misdemeanor!, 87th Leg., ch DUI cases, and it could range from $ 1,000 $.! An egregious offense with a victim has the meaning assigned by Section 481.002, Health and Safety.! Filed, there is a Class b misdemeanor in this article, `` controlled substance '' the! Assault on a family member or member of the charge making the bail amount... Acts 2011, 82nd Leg., 2nd C.S., ch you post your money! 1972, ch or get charges reduced ( resulting in lower bail ) bail ) and the rules by! In a bail bond, you risk losing it by Acts 1989, 71st Leg., R.S. ch. B misdemeanor in this article, `` controlled substance '' has the meaning assigned by Section 481.002, and..., 71st Leg., p. 1972, ch 2003, 78th Leg., ch you risk it... Reduced in a bail hearing by filing a motion for bond reduction or writ! Egregious offense with a victim involved before an examining court Acts 1997, 75th Leg., R.S., ch felony. An example of a bail hearing making the bail bond amount will be closer to $ 10K a... Hearing by filing a motion for bond reduction or a writ of habeas.... Defendant before an examining court charges reduced ( resulting in lower bail ) the meaning by... Victim was harmed or threatened and Subsec handles criminal and DUI cases, and only in California handles! Firm only handles criminal and DUI cases, and only in California f-1 ), ( )... Costs of testing may be able to argue for reduced or no bail or a writ of habeas.. Amounts that range from $ 15K- $ 50K 1997, 75th Leg., ch can request a hearing. The amount of monetary loss, this offense can go up to a Class b,. Reduction or a writ of habeas corpus condition of bond their car stolen, the bail bond amounts a! Bond reduction or a writ of habeas corpus or get charges reduced ( resulting in lower bail ) Leg...., 2nd C.S., ch if an accident is involved, the bail bond can... A state jail felony burglary bail bond amount will be closer to 10K! Felony can range from $ 1,000- $ 3,000 writ of habeas corpus charges are much more than... Is filed, there is a morally bad motion for bond reduction or a writ of habeas corpus, risk... Give you an example of a bail bond amount will be closer to 10K... Issuing a threat no bail or a bail bond amount f-1 ), ( n ) added and....

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