how much is bail for assault in texas

374, Sec. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. That it be made payable to "The State of Texas"; 2. 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 as high as $30K in the case of a 1st-degree felony. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997; Subsecs. Art. EFFECT OF WITNESS BOND. However, if you used a bond company, its 10% premium is nonrefundable. 658, Sec. September 1, 2019. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Art. So if the original charge is a 2nd-degree robbery, the engaging in organized criminal activity will be a 1st-degree felony charge, with its own bail bond amount on top of the robbery bail bond. 110 (S.B. Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to: (1) any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. It can be enhanced to a higher charge based on prior convictions. It can be charged as a 3rd, 2nd, or 1st-degree felony. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. 112), Sec. 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. 1573), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., 2nd C.S., Ch. 312, Sec. 1823), Sec. 2. The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. September 1, 2005. (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. (f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be: (1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and. 2, eff. 930 (H.B. 3. They can wait for trial at home. December 2, 2021. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. (e) In determining whether to deny release on bail under this article, the judge or magistrate may consider: (2) the nature and circumstances of the alleged offense; (3) the relationship between the accused and the victim, including the history of that relationship; (4) any criminal history of the accused; and. June 17, 2011. Do Not Sell or Share My Personal Information. The punishment according to Sec. Subsec. The bail bond amount can range from $10K-$20K. Sec. The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action. 17.48. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 351), Sec. In 2016, the actual cost of bonds to individuals and their families in Harris County totaled $4.4 million. The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center. 2, eff. Acts 2021, 87th Leg., 2nd C.S., Ch. 1562), Sec. Art. (b) The office shall provide for a method of certifying that a magistrate has successfully completed a training course required under this article and has demonstrated competency of the course content in a manner acceptable to the office. NOTICE OF CONDITIONS. If they do, the money they posted for bail will be returned. Added by Acts 1995, 74th Leg., ch. (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. BAIL IN FELONY. In some states, the information on this website may be considered a lawyer referral service. A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. The schedule sets recommended amounts for bail for each type of criminal offense. 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. 1506, Sec. 2, eff. January 1, 2020. (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. The bail bond amount for criminal homicide will be closer to $500K. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. Severe offenses often lead to high bail requirements. Art. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. Acts 2009, 81st Leg., R.S., Ch. (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. The bail bond amount for this can range from $15K-$50K. 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) 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. ACCUSED LIBERATED. the defendant's financial ability to pay bail. This charge could be enhanced to a 2nd-degree felony if it is the case when a human corpse is altered, destroyed, or concealed. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. 4, eff. 1064 (H.B. Aggravated robbery is when a robbery is committed and the defendant uses or exhibits a deadly weapon, or they cause bodily injury or threatens injury or death. 4, eff. Sec. (b) amended by Acts 1999, 76th Leg., ch. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. 2. Art. June 17, 2005. (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. The defendant is responsible for paying the company back. It gets enhanced to a Class A misdemeanor when someone causes bodily injury to another. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. 90 (S.B. Acts 2017, 85th Leg., R.S., Ch. defendants with underlying medical conditions, especially respiratory problems, and. (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. 6), Sec. (j) An order for emergency protection issued under this article is effective on issuance, and the defendant shall be served a copy of the order by the magistrate or the magistrate's designee in person or electronically. He isn't addressing people stuck behind bars because they can't afford to pay. Added by Acts 2011, 82nd Leg., R.S., Ch. 2021, posting bail in Texas is going to be a lot more complicated. 736 (H.B. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1991, 72nd Leg., ch. 1047, Sec. Acts 1965, 59th Leg., vol. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. 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. This charge is enhanced to a 3rd-degree felony if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. September 1, 2013. 1, eff. Art. RECORDS OF BAIL. Art. I am without means to pay ______ and I hereby request that an appropriate bail be set. Acts 1965, 59th Leg., vol. June 17, 2011. It is enhanced to a state jail felony when previously convicted or when evading in a vehicle, putting it closer to an $8,000 bail bond amount. 977 (H.B. This charge can be enhanced to a Class A misdemeanor depending on whether it is committed in a home or shelter center, or if the person carried a deadly weapon during the offense. 1146 (H.B. Acts 2021, 87th Leg., R.S., Ch. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. Art. Acts 2011, 82nd Leg., R.S., Ch. 748 (S.B. 3751), Sec. Per Sec. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. Cole's public defender had argued for release on his own recognizance without setting bail while prosecutors asked for $3,000, records showed. (b) Reimbursement fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. This can become enhanced depending on the value of the service stolen, going all the way up to 1st-degree felony (with every charge in between). This charge is enhanced to a 3rd-degree felony when the coercion is a threat to commit a felony. 942, Sec. If the defendant is charged with a felony, that it state that he is charged with a felony. Subsec. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. Art. (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. Known as a PR bond, defendants released on personal recognizance do not have to post any money for bail. The next level of felony offenses is classified as a 2nd-degree felony. The amount of bail depends on the offense being charged and the court hearing the case. Potential bail bond amounts for 3rd-degree felonies range from $10K-$20K. Added by Acts 1995, 74th Leg., ch. In fact, it may be as low as $500. 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. 6. How Much is Bail for DWI in Texas? September 1, 2019. A felony conviction can land you in prison. A capital felony includes espionage, treason, or premeditated murder. Art. 2.06, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 4.01, eff. Visit our California DUI page to learn more. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. (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. 4, eff. This charge will be on the lower side for bail bonds, around $3,000-$5,000, since it isnt a morally bad offense. This Class A misdemeanor will have a bail bond amount closer to $3,000. Depending on the aggregate amount involved, this offense can be enhanced and go all the way up to a 1st-degree felony (with every other charge in between). ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1, eff. 14, Sec. Art. 737), Sec. (i) amended by Acts 1999, 76th Leg., ch. It will also be enhanced to a Class A misdemeanor when someone has previously been convicted of a DWI, and an Ignition Interlock Device will also be required. 906, Sec. This charge is enhanced to a state jail felony when someone is convicted two or more times. 17.16. June 20, 2003; Subsec. (i) Chapter 22 applies to a bail bond paid by a charitable bail organization. Art. 882), Sec. The bail bond in these cases will be much higher, close to $10K or more. The bail bond amount for a 2nd-degree felony can range from $15K-$50K. (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. What may not be so obvious is where these bail bond amounts come from and what they are based upon. This charge can also be enhanced depending on the amount of marijuana being delivered. It can become enhanced to a Class A misdemeanor when committed against a member of your family or household, or if it is committed against a public servant. Other factors can influence the amount, as well. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. September 1, 2011. 4.03, eff. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. 1, Sec. It will be enhanced depending on what is being forged. 4, eff. If the defendant fails to show up for the scheduled trial date or hearing and bail is forfeited, whatever you paid (or "posted") becomes the property of the court. A bail bond amount for that will be on the lower side of about $1,000. Jan. 1, 2002. The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued. If you are charged with a Class B or Class A misdemeanor, and you do not show up for one of those court dates, the Bail Jumping and Failure to Appear Charge will be enhanced to Class A misdemeanor charge. Acts 2013, 83rd Leg., R.S., Ch. 3, eff. 17.36. Added by Acts 1999, 76th Leg., ch. 1275), Sec. Bail Info By State. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. At that time, the magistrate shall conduct the hearing and make the determination required by this article. Courts can also choose to release a defendant on personal recognizance. Allen was killed during a traffic stop in 2017. 20, eff. PUBLIC SAFETY REPORT SYSTEM. Acts 1965, 59th Leg., vol. Art. And that is why he takes the time to get to know each client before he agrees to represent them. It can also be reduced if the case gets delayed. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. Amended by Acts 1985, 69th Leg., Ch. 1070), Sec. 17.091. Added by Acts 1993, 73rd Leg., ch. (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. Texas, Gonzales received $1million from Soros. 17.37. This subsection expires May 1, 2023. Sec. (b), (c) amended by Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. It will be enhanced to a 2nd-degree felony if previously convicted with a bail bond that will be closer to $50K. 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. 1113 (H.B. (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. September 1, 2011. 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. WITNESSES TO GIVE BOND. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. Deadly conduct is a serious charge that can have a bail bond amount in the $5,000 range. (2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action. This bill, called the Damon Allen Act - named after a Texas State Trooper killed during a traffic stop by someone who was out on . 3000), Sec. Subsec. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. Added by Acts 1999, 76th Leg., ch. Factors that can raise the amount of bail include: Courts can deny bail in some cases, often involving serious charges. 12.23 of the Texas Criminal Penal Code states, An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500. NOTICE OF APPEARANCE DATE. Sept. 1, 1995. 1, eff. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. September 1, 2009. A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any. 17.025. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). 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. 17.28. Acts 1965, 59th Leg., vol. June 14, 1995; Acts 1995, 74th Leg., ch. (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. A 1st-degree felony bail bond amount can range from $30K-$500K. 623, Sec. The bail bond amount for this charge can be upwards of $50K. Art. 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. (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. Of ORDER for EMERGENCY PROTECTION to other PERSONS 6 ) be designed collect... Examining trial as provided in article 16.01 payable to `` the state of Texas ;... Agrees to represent them released on personal recognizance do not have to wait for a felony. Assess a personal bond fee under this subsection much higher, close to $ or! & # x27 ; t addressing people stuck how much is bail for assault in texas bars because they can & # x27 ; t people. 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