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What is the difference between DUI and DWI in Texas?

As we stated earlier, in the state of Texas, a DUI and a DWI are considered the same with DWI being the official charge. It is of the state’s opinion that when any person commits a DWI, they lack the mental or physical faculties to operate a motorized vehicle safely in public. A DWI bond will be required to get any person 21 years of age and older out of jail if they have been arrested for a DWI. The legal limit for 21 years of age and older is .08 blood or breath alcohol concentration, or impairment by drugs.

Under Texas law, however, any person under 21 years of that is pulled over and found to have alcohol in their system will be charged a “DUI” or “DUIA” (Driving Under the Influence of Alcohol). This is the only time a DWI bond is set and referred to as a DUI in Texas.

Is a DWI a felony or misdemeanor in Texas?

In Texas, a DWI is charged as a felony when the arrested has three or more prior DWI offenses. It is referred to as the ‘three and out’ law, though there are conditions where a 1^st or 2^nd DWI offense could be charged as a felony. 

Is jail time mandatory for a 1st DWI in Texas?

A first DWI offense in Texas could be granted probation after a DWI bond has been placed. You could also be sentenced up to three days in the county jail. Another possibility would be supervised community service. 

Can you drive after a DWI in Texas?

Fortunately, yes, in Texas any person that is convicted of DWI can recover their right to drive. They will be required to have a restricted ignition interlock device license. The license allows a person with a suspended Texas driver’s license to drive as long as the IID is installed. Installation of the IID is at the defendant’s expense. 

How long does a DWI stay on your record in Texas?

In Texas, a DWI is permanent unless you can have it expunged or sealed. The DWI will show up on any criminal background check for potential employers, landlords, a homeowner’s association, or other persons that require a background check. 

Can a DWI be dismissed in Texas?

In Texas, law enforcement officers are required to prove there was reasonable cause and suspicion to pull anyone over. If there is no proof that there were noticeable signs of a person drunk driving, and there wasn’t any other law broken, this could get a dismissal. Once you have paid the bail for your DWI bond, if you have not hired a lawyer, now is the time. 

First-time DWI offenders with no other criminal history can often have their charges lowered or dismissed. In either case, it is recommended to have a DWI defense attorney represent you in court. They will have the experience and knowledge to work the system to your advantage. 

How much does a DWI lawyer cost in Texas?

An experienced DWI defense lawyer can cost anywhere from $1,000 and up to $5,000 for a simple DWI case that doesn’t require a trial. If a trial is necessary, you expect the lawyer to cost as much as $10,000. A few different factors can affect these costs. 

1). Every DWI defense lawyer will employ a different fee structure which will affect the cost. For example, some lawyers charge by the hour and other DWI defense lawyers charge a flat rate. The hourly charge can fluctuate in cost depending how much time is spent on your case. With an hourly rate lawyer, any phone call, piece of mail opened or sent, any paperwork filed with the court will be a minimum one hour charge. 

2). A lawyer and his firms background and experience can be a factor in what the charge. The more established the lawyer or firm, the more they will cost. 

3). Each DWI case has different detail specific to the situation. These specific details can affect the cost of your DWI defense lawyer. 

4). A DWI case that goes to court will cost more than a DWI charge settled out of court. 

In the State of Texas, there are several criminal offenses considered a felony, a serious crime, with an outcome on various levels of conviction. These different degrees of felony categories are all more severe than a non-felony charge with varying degrees of consequences. Those consequences can include different levels of bail for felony charges as follows: 

• State Jail Felony: The crimes may include DWI with a child passenger, theft of property assessed between $2,500 and $30,000, or forgery by check. The bail for felony charges of these charges is typically between $500 and $1,500.
• Third Degree Felony: The crimes included are deadly conduct with a firearm, indecent exposure to a child, intoxication assault, stalking, or third DWI. The bail for felony charges can range between $1,500 and $5,000.
• Second Degree Felony: The crimes of this level can include aggravated assault, intoxication manslaughter, possession of marijuana of 50 to 2,000 pounds, or robbery. The bail for felony charges of this level ranges between $2,500 and $50,000.
• First Degree Felony: The crimes of this level can include aggravated robbery, sexual assault against a child, robbery, arson of a residence resulting in death, or attempted murder. The bail for felony charges of this level can be from $5,000 and $100,000.
• Capital Felony:  These crimes can involve premeditated murder, espionage, or treason with bail for felony charges up to $500,000 or more. Bail may be completely denied altogether.

Several other factors determining how bail for felonies works will be up to the judge starting with the bail for felony charges. Other factors determining the bail amount can include a previous conviction, if the defendant is currently on parole or probation, if they are a flight risk, or if the defendant could fail to appear in court for criminal proceedings. The judge may set certain conditions for bail like electronic monitoring or restrictions to stay within a geographical area.

What are examples of a felony?

As in all states, a felony is the most severe type of crime, and punishments are set accordingly. There are non-violent and violent felony crimes, and there are three degrees of felonies in the state of Texas as well as state felony. You may or may not be allowed bail for felony charges for the following:

First-degree felony: 

• Aggravated robbery 
• Arson causing death 
• Attempted murder

Second-degree felony: 

• Manslaughter
• Aggravated assault 
• Robbery
• Arson 

Third-degree felony:

• Indecent exposure to a child
• Tampering with evidence 
• Deadly conduct with a firearm
• Stalking 

Examples of state jail felony: 

• Check forgery 
• Theft of between $2,500 and $30,000
• Child endangerment DWI 
• Any criminal statute listed as a felony but to no specific degree.

What is the average sentence for a felony?

In Texas, a felony is the most serious of all criminal offenses. There are pre-determined sentencing guidelines for a judge to reference when determining the punishment. This range of punishment can be as short as 180 days jail time to life in prison, with a fine of up to $10,000. The guidelines are similar to the following: 

• First-degree felony – Five to ninety-nine years/life imprisonment with fine up to $10,000
• Second-degree felony – Two to twenty years with fine up to $10,000
• Third-degree felony – Two to ten 10 years with fine up to $10,000
• State jail felony – One hundred eighty days to two years with fine up to $10,000

How long does a felony stay on your record? 

Does a felony ruin your life? A felony conviction is considered serious enough that the charges become a permanent part of your record. Yes, it can damage your life. It can affect having a bank account and voting, you can no longer own or be in possession of a firearm, and employers and landlords have the right to refuse to rent to you or hire you. 

Additionally, the aftereffect of a felony conviction is huge to your family and friends. It can be a financial strain on a family, friends will see you differently, and your reputation is forever marred by a felony charge. 

Will companies hire someone with a felony?

It is the determination of the employer, but by law, they are not required to hire anyone with a felony conviction. Most employers choose not to hire anyone with a felony, but those that do will do so based on what the felony charges were and the position the person has applied to.

For example, with a felony for bank robbery, you won’t be hired in a position that handles money or financial books. An auto theft felony will make you undesired for a position driving vehicles and any felony charge regarding children will likely make you undesirable to any employer. 

Can you be denied housing because of a felony?

Yes – landlords can refuse to rent to a person with felony charges or convictions. The same is true with banks and mortgage companies, which are not required to loan money to any person with a felony charge or conviction. 

How are sex crimes definition explained? 

Sex crimes are defined as ‘when violence occurs during a sexual act’ and there is no proof the victim consented to the act. The category of sex crimes also includes sex acts performed with a person that is unable to consent to the act. Those sex crimes are often against children. 

Sex crimes are informally defined by Oxford Dictionary as, “crime involving sexual assault or having a sexual motive.” Additionally, the OED includes in its definition, “steps to control press reporting of rape and other sex crimes”. 

In view of these definitions, any person that is accused of and arrested for sex crimes, and victims of these acts, should seek the experience and services of an attorney. It is recommended that the attorney an individual works with will have experience in this matter. Every state will have different definitions when it comes to this type of crime, and there are federal guidelines that must be followed as well. 

What are sex crimes? 

While victims of sex crimes will have everlasting effects due to this violence, it should be noted it has an effect on the convicted individual, too. The State of Texas has a harsh penalty system for sex crimes. A person arrested for the act of sex crimes can anticipate the following legal system results: 

• Potential prison time 
• Steep fines
• Required sex offender registration

On a personal level, whether convicted or not the things that can be impacted by this arrest include but are not limited to unsurmountable stress, loss of employment, loss of freedom, and the tarnishing of one’s reputation. 

Anyone arrested for sex crimes should seek the help of an attorney experienced in sex crimes defense. Even if found guilty, an experienced attorney can help an individual navigate the system to get the best possible sentencing. 

The Texas Penal codes provide the following as sex crimes examples: 

• Child sex include continuous sex abuse, aggravated sexual assault, aggravated kidnapping, sex trafficking, statutory rape, child prostitution, sexting, and participating in sexual performance by a child, etc.
• Online solicitation for sex with a minor
• Possession and/or distribution of child pornography
• Indecency by contact with a child 
• Indecency by exposure with a child 
• Indecent exposure
• Improper relationship between student-teacher 
• Invasive visual recording
• Public lewdness
• Voyeurism
• Unlawful disclosure and/or promotion of intimate visual material
• Prostitution and promotion of prostitution
• Obscenity
• Rape and sexual assault

In the State of Texas, the majority of sex crimes are categorized as felonies. The penalties if convicted can be filed as first degree, second degree, and can carry the punishment of state prison time, fines, and the requirement to register as a sex offender. Do note that every case will be handled differently, which is why it is imperative to hire a sex crimes lawyer with experience in defending charges of sex crimes. 

Are all sex crimes violent?

Sadly, not all sex crimes are reported, and as a result, these constitute just a small fraction of crimes to be categorized in this country as violent crime. In 2005, a survey of crime victims, rape, and sexual assault accounted for less than 4 percent of the violent crimes against individuals 12 years old and older. 

Why are sex crimes underreported?

One of the well-known sex crimes facts is the majority of sexual crimes have a common basis: trust. Often, the crime is committed by someone the victim knows, making it easier for the perpetrator to manipulate them. In fact, in over of the 85% of sex crimes on record, the victims knew their abuser. Other reasons why sexual crimes go unreported include: 

• Cover-Ups

Perhaps the saddest of all reasons, the cover-up of sexual crimes such as that by the Catholic Church has been headline news for years now.  The church has always been a place of safety, and with random shootings and sexual crimes now occuring, for many of us it seems that is no longer the case. 

• Least Likely Suspect

Sexual crimes are almost always committed by an individual most people would not expect. It can be somebody you see every day, whether male or female, coaches, teachers or youth leaders, among others. Because this is somebody we’ve come to trust and who we feel safe around, we become vulnerable to their sexual predator objectives. 

• Stigma Association

There is an unfortunate stigma attached to a person that has been accused of sexual crimes, even if they are found innocent and cleared of all charges. The stigma is there to stay.  This stigma may make some hesitant to make accusations, especially if they know the individual. 

• Emotional Barriers

The victims of sexual crimes can be scared and because of this, rarely report the matter as they fear reprisal. Victims of sexual crimes often fear their abusers, sometimes while also having an unhealthy affection for the abuser that can be hard to comprehend for others.  

Those that had lived in foster care were at a higher risk of ending up in the criminal justice system, perhaps proving that family is everything. With almost 70% of young males in foster care are arrested once they leave foster care. That is twenty-three times higher than the common population. 

What is the best way to increase the effectiveness of probation?

Probation isn’t fun, but that isn’t the point of probation, and it is better than the alternative of being behind bars for a longer period of time, or at all. Four primary benefits of being placed on probation versus being incarcerated: 

1. Your Family Won’t Be Separated

Incarceration is hard on the entire family, especially children. For children that go from a two-parent home to a single parent home, their entire world is upset. Often they have to move because one parent can’t afford the household expenses, too often, too many children end up in the foster system. 

2. Keep Working or Attending School

While on probation, you can keep working or going to school. Incarceration can slow your future down, even put the brakes on it for year. 

3. A Safer Situation

Being incarcerated isn’t a safe setting. The jails and prisons can put a person at risk for their health and their safety.

4. Institutionalization Avoided

Too many become accustomed to living an institutionalized lifestyle. Everything is on a calendar and clock, same day, same time. It can be difficult to change back to a ‘normal’ way of living once released from jail or prison. 

What does revoking probation mean?

Revoking probation is the repercussion for not following the terms of your probation. Whether by accident or simply can’t follow instructions, not following your probation is equivalent to breaking the law, and yes, you can be sent back to jail. 

The assigned probation officer has to be the one to file a motion with the courts to revoke probation, or they may decide to handle the matter themselves if it was a simple mistake. They can also extend the probation period longer and add more requirements to the probation. 

Do you automatically go to jail if you violate probation?

As we mentioned above, a minor probation violation, the probation officer may decide to handle the matter themselves. For a first time probation violation, unless it was as serious infraction, will likely be kept between the accused and the probation officer. 

For a felony probation violation, the probation officer is usually required to report the infraction to the court where the judge will make the decision how to handle the matter. Some judges take probation violations more seriously than others, but overall, a violation of not reporting to your probation officer is one that no judge will overlook and will likely send you back to jail. It is to the defendant’s best interest to make every effort completing probation period without any violations. 

Is it true that once probation completed and case dismissed?

No, that is confusing the matter with deferred adjudication. We explain the differences between adjudication and probation: 

• Probation is a conviction that remain on the defendants your record. Probation is when a judge has found the defendant guilty and are ordered to be ‘supervised’ by a probation officer for a certain period of time. 
• Deferred adjudication is not a conviction, occasionally the records of a deferred adjudication will be sealed. A deferred adjudication is not finding the defendant guilty, but they must plead guilty before the courts. 

The judge will defer the ruling of guilt, giving the defendant an allotted time adhere to specifics. Once they have met that allotted time and the specifics, then the case is dropped. 

In the state of Texas, assault and battery are considered two different crimes, describe as: 

• Assault is the act of threatening bodily harm to another person.
• Battery is causing injury with bodily contact. 

 Both are considered a  criminal offense and intentional torts. A victim can utilize this definition to sue the person in civil court that attacked them. In Texas, charges for an offense can be for assault even with battery occurring at the same time. The charge will be met with a hefty punishment that can range from civil fines up to various lengths of prison terms.

Which is worse battery or assault?

The state of Texas sees assault and battery charges as a serious matter, although assault is seen in different in lesser degrees. The end results being a criminal record in addition to the fines. The criminal records can impact a person’s employment, housing, acquiring a loan, or having child custody. In most states a battery charge is worse than an assault charge and is determined if the victim was actually physical harmed by another person.

The difference between assault or aggravated assault is aggravated assault  usually includes a deadly weapon being used during the assault. Aggravated assault includes serious bodily injury using a deadly weapon or having a sexual relations with anyone under legal age.

Is pushing someone assault?

In Texas, pushing a person would be considered family violence, a domestic assault. Grabbing, hitting, pushing, or scratching a person that does or doesn’t result in bodily injury is a Class C Misdemeanor. 

Is yelling at someone assault?

The act of screaming or yelling in another person’s face is not a specific offense in general, but the situation could constitute  it as harassment. For screaming or yelling at a person to be considered  assault, that person would need to be in fear of the yelling person attacking them, like  somebody yelling at a stranger. 

While a verbal assault often involves one person threatening physical violence on another person, aggressive yelling intended as an attack or to offend a person may be constituted as verbal assault. The threats made must be something the accused person is capable of following through giving the victim a fear of danger.

Are assault charges a felony?

The laws in Texas stated that an aggravated assault is a 2^nd degree felony that face punishments ranging from 2 years to 20 years prison time. In addition fines may be imposed up to $10,000. When domestic violence is part of the assault, it becomes a first degree felony. Results of this conviction, the punishment can be as severe as life in prison. 

With charges of assault, how many years in jail can you expect? 

If the assault charges are filed as a misdemeanor, the case will be heard by  six jurors. If the assault charges are file as a felony, the case will be heard by twelve jurors. The prosecution will be assigned to prove with beyond a reasonable doubt the accused is guilty. If the accused is convicted of assault, the following sentencing could be set as: 

• Class C misdemeanor: Up to $500 in fines.
• Class B misdemeanor: Up to 180 days imprisonment with up to $2,000 in fines.
• Class A misdemeanor: Up to 12 months of imprisonment with up to $4,000 in fines.
• Third degree felony: Up to ten years in prison with up to $10,000 in fines.
• Second degree felony:  Between two years up to 20 years imprisonment and up to $10,000 in fines.
• First-degree felony: A minimum of five years in prison to life in prison with addition of a fine that is set by the judge.

From an high level ranking executive to a blue collar contractor,  white collar crime with examples would be any of the following: 

A private home nurse or a blue collar contractor builds a close bond with a patient/customer. Overtime, they convince the person they are acting in their best interest and “charm” them out of their bank account information and the money in the account, have them listed as a beneficiary in their will, and more. White collar crimes by high ranking executives include the following: 

• Insider trading
• Antitrust violations
• Counterfeiting
• Intellectual property theft
• Credit card fraud 

None of these white collar crimes involve violence, however, the impact they leave on the individual victims, can be devastating in other ways. The economy and society are affected as well, with one example being the white collar crimes committed by Bernie Madoff. Madoff was a non-executive of NASDAQ, a financier, investment advisor, and market maker. He was found guilty of and sentenced to prison for a Ponzi scheme he masterminded, worth multibillion-dollars from investment victims.  

What is the most common white collar crime?

Examples of white collar crimes include the following: 

• Corporate Fraud: This is when financial information has been falsified by high level executives, or their assistants and secretaries, creating and resulting in insider trading, and schemes that were devised to conceal the fraud activities within the company. These actions were found to impede the SEC (Securities and Exchange Commission) and other regulating bodies from conducting inquiries into a company’s financial status.
• Embezzlement: When an individual has been entrusted by their employer or another person to manage money or property has used that  position and trust to misused funds. One example is an employee discovers a way to redirect company money into a personal bank account belonging to them or a politician spends the campaign fund contributions for personal expenses.
• Ponzi Schemes: In the 1920s, there was man, Charles Ponzi, that made $250,000 daily with a mail coupon fraud he created. From that time forward, it has been referred to as a Ponzi scheme, which appears on all fronts as an investment  promising those who buy into it  high returns with minimal or no risk. A Ponzi scheme falls apart when the mastermind isn’t getting any new investors and they don’t have any more new investments to “sell”. 
• Extortion: When an individual or institution is coerced by an individual or individuals to hand over any money, property, or services for exchange of “protection” from others. Or when an individual pays another money to keep them from divulging information, privately within a family or company, or publicly that can damage their reputation and standing.
• Bankruptcy Fraud: When an individual has occurred an insurmountable debt, they can file for bankruptcy as a relief. Within bankruptcy, creditors are required to accept only a portion of the debt owed them for nonessential assets. Bankruptcy fraud is committed when that person that file for this help has hidden property from the bankruptcy court so that it wasn’t included in the filing. 

Is robbery a white collar crime?

In legal terms, no.  While any of the white collar crimes described above result in the victim(s) feeling as if they were robbed, and the results are traumatic, even debilitating in some cases, they are not considered a robbery. 

The psychology between these white crimes listed and a robbery are different for the perpetrator, being that a robbery is confronting the victim. White collar crimes do not have direct contact with the victim typically. The victims of robbery are often put in physical danger where white collar crimes do not involve physical danger or harm by the perpetrator. 

Why is white collar crime bad?

Even Though white collar crimes are different than street crimes, they create severe results that are devastating on society as a whole, not just an individual like a street crime, even more damaging in many ways. While white collar crimes are not violent, they destroy lives irremediably with loss of financial savings, ruin companies, and have led to victims commit suicide. 

White collar crimes have a network of people, affected hundreds, even thousands of people with  pyramidal schemes. Companies go broke and end up filing bankruptcy, which causes employees of those companies losing their jobs. Those job losses result in less money into the system, and the snowball keeps rolling and growing. 

White collar crimes are just as devasting as violent crimes, but those that commit them aren’t punished as severely, hence the referral to “country club prison” sentences.  Why a white collar crime not reported is usually from the target or victim may not be aware of the crime, or they settle it outside of the legal system. Call 512.834.2245 today for your bail bonds needs in Austin, TX.

How does a PR bond work?

As with other bonds, when you’re issued a PR bond you are still required to appear at your appointed court date. These bonds are typically issued to first-time non-violent offenders with an otherwise good reputation in their community. With recognizance bonds, judges typically review evidence such as personal references before approving the bond. These types of bonds are rare.

How long does a PR bond take?

The time it takes to get a PR bond issued usually varies depending on the county in which you’re incarcerated. Travis County tends to expedite the process faster than most counties and through Pretrial Services working the case, it’ll take about 24 to 36 hours to get released. If you have an attorney handle the case, it can take as little as two hours.

Can you travel on a PR bond?

As with other bonds, a PR bond might come with certain restrictions, including travel restrictions. Much of this will depend on the circumstances of the case. Usually, no matter where you intend to go, if you’re traveling outside of your community or county, you will probably have to get permission from a court officer to do so. In-state travel is often permitted and you might have just a few restrictions. With out-of-state travel, you’ll likely have more restrictions and might only be allowed to travel in certain circumstances—a family emergency, a funeral, etc. International travel is usually not allowed.

Can a PR bond be revoked?

All bail bonds, including recognizance bonds, will have conditions set down by the court that you must follow. Conditions could include anything from maintaining employment to taking regular drug tests. What happens if you violate a PR bond? If you violate any of the conditions on a bond, you risk having the bond revoked. This means you might end up going back to jail until your trial. A judge might overlook a minor infraction, but something major like failing a drug test will likely result in the bond being revoked and you returning to jail until your court hearing.

What is PR bond supervised release?

If you see the word “supervised” on your release form when you receive a PR bond, as with all bail bonds, it means that once you sign, you agree to all conditions set forth by the court for your release. If you violate any of those conditions you risk having your bond revoked and returning to jail.

“Supervised release,” however, is not a term typically associated with a PR bond. Instead, it is a term used in the federal court system for a preliminary time of freedom from federal prison. This is also known as special or mandatory parole and the convict is supervised by a probation officer. The convict must follow all conditions of the release or risk going back to prison to serve out the terms set down in the release.

Is identity theft a felony?

In Texas, identity theft is a felony. This means, under Texas law, you can’t transfer, obtain, use, or possess another person’s identity and intentionally defraud or harm them. Depending on how many items are found in your possession, the level of the felony charge will vary. With less than five items you’ll be charged with a state jail felony, while more than 50 items will bump those charges up to a first-degree felony. If you’ve been jailed on identity theft or any other kind of theft charges in Austin, TX and need to be bonded out, get reliable help from ATX Bail Bonds. We can be reached 24/7 at 512.834.2245.

What are the four types of identity theft?

Identity theft is usually classified into four types:

• Medical: Someone uses another person’s identity to get medical care.
• Criminal: Someone falsely identifies themselves to evade an arrest, conviction, or warrant under their real name.
• Financial: Some uses another person’s identifying information or bank or credit card account information to make purchases or other fraudulent transactions.
• Child: Someone uses a child’s identity for fraudulent purposes including getting employment or a residence.

What is the most common form of identity theft?

Of all the different types of identity theft, the most common is financial. Billions of dollars are lost annually to thieves who have stolen others identifying information to gain access to credit card, bank, and other financial accounts. Thieves get into these accounts to make purchases, take money, or they use information like stolen Social Security numbers to open accounts in another person’s name.

What are the first signs of identity theft?

Several warning signs are common for those who have fallen victim to identity thieves. One of the most common signs of identity theft is withdrawals from your bank that you didn’t make or authorize. Purchases on credit cards are often common as well.

Other things to look out for include:

• Having checks or credit cards declined
• Getting calls from debt collectors on debts you don’t owe
• Strange accounts or charges on your credit report
• Tax filings in your name from companies you don’t work for
• Denial of claims on health insurance or claims filed on health insurance for conditions you don’t have
• Notices of compromised data and information on your accounts or at companies with whom you’ve done business

How can I find out if someone is using my identity?

One common form of identity that is stolen is your Social Security number. This number can be used in various fraudulent activities from opening credit card accounts to falsely filing taxes. You can get a statement from the Social Security Administration that will show you the activity in which your number was used for criminal purposes. You can also keep track of bank statements, credit card statements, and credit reports to look for discrepancies.

Who to report identity theft to

If you suspect identity theft there are multiple agencies and organizations you can report it to. One of the first you should report it to is the Federal Trade Commission. They can provide you with information on recovering your information and they track reports and provide information to law enforcement to track down identity thieves. You will also want to report the theft to local police, even if the thief is in another country. This report can help authorities track thieves. Also, report suspected fraud to credit reporting agencies as well as to banks and credit card companies. If you’ve been a victim of medical fraud you can report the theft to Medicare’s fraud office or to your insurer.

Identity theft and social media

While social media can be fun and useful, it’s also a target for criminals. In some cases, criminals steal photos or other information to make fake profiles. You should always avoid giving out any information like phone numbers or email addresses on social media. No matter what you post, you have to be careful about the information you share.

If you’ve been charged with any type of violent crime in Austin, TX and need help with bail, get help from the experts at ATX Bail Bonds. We offer a full range of bail services and other assistance. Call us today at 512.834.2245 when you need immediate help.

Is aggravated assault a felony?

Under the Texas Penal Code, aggravated assault is considered a felony. Normally, it is considered a second-degree felony, but it can be elevated to a first-degree felony if both a weapon was involved and serious bodily injury was caused. In Texas, serious bodily injury is considered any injury that could lead to death or permanent disfigurement. 

What is the difference between aggravated assault and battery?

Because the terms are often used interchangeably, people often confuse such offenses as assault, aggravated assault, and battery. With a simple assault, just the threat of intentional violence can lead to the charge, whereas with an aggravated assault, the perpetrator intentionally injures someone and the injury could lead to death or disfigurement. Sometimes a weapon is involved and the charge becomes an aggravated assault with a deadly weapon, even if the weapon was never used in the attack. Battery occurs when any assault causes harm to a person. You can be charged with assault and battery, for instance, if you threaten to punch someone and then follow through with the threat by actually punching that person. If you keep hitting the person with the intent to hurt them and their injuries could disfigure them or cause them to die, then the charge gets elevated to aggravated assault.  

Aggravated assault for a minor

When a minor intentionally seriously harms someone, it’s very likely a judge will consider the offense serious enough that the juvenile will be tried as an adult. This also means a minor could face sentencing as an adult as well if convicted.

Aggravated assault to a police officer

Under Texas law, you commit an aggravated assault if you threaten or attack a police officer or other public servant such as a firefighter or paramedic when that person is acting in their role as a public servant. No harm has to be done or no weapon has to be used for the assault to be elevated to the felony charge. Commissioned security officers are also considered in this case as well. In certain cases, non-commissioned security officers also qualify. 

What can be considered a deadly weapon?

While many people often think of firearms when they think of deadly weapons, in the case of an aggravated assault, several objects, including, but not limited to, those listed below;

• Knives, including switchblades, daggers, stilettos, and swords
• Blackjacks
• Brass knuckles
• Nunchaku or fighting sticks
• Shuriken or throwing stars
• Large rocks
• Clubs or baseball bats

Depending on which state you’re charged in, almost any type of object that is used in an attack to cause serious injury or even kill might be considered a deadly weapon. The amount of force and type of injury caused is considered. A recent case in Texas, for instance, ruled that a floor could be considered a deadly weapon because a defendant slammed the victim’s head against it. 

Is a Taser considered a deadly weapon?

Tasers and other devices that are considered non-lethal or less-lethal can be considered deadly weapons in Texas. This will depend on how the Taser was used. Although Tasers and stun guns are generally used to subdue or stun people, they can under certain circumstances seriously injure or even kill a person. The intent of the attack and the seriousness of the injury will always be taken into consideration.

Is it illegal for a felon to carry a Taser?

Laws vary from state to state about carrying stun guns, Tasers, and other less-lethal weapons. In many states, a convicted felon cannot carry or possess weapons of any sort, including Tasers. No restrictions like this exist, however, under Texas law. If you are a convicted felon, you may want to check with local authorities in your state about what you can carry or possess when it comes to non-lethal weapons.

While your record cannot be expunged, if you received deferred adjudication on the charge, you can request the record be sealed. When a record is sealed, there is limited access, and the charge will not appear on a background check.

If you’ve been arrested for aggravated assault in Austin, TX and want to get released quickly on bail, let the team at ATX Bail Bonds help you. When you call 512.834.2245 we’ll get to work immediately so you can get released quickly.

The most common way an accused can prove they are bondable is to put up money toward the bond, the percentage mentioned earlier, or some type of security. That security can be real estate or any valuable property like jewelry, vehicle, etc. Another option is to have a co-signer on the bond that guarantees the accused will arrive in court as ordered. 

What is a bail bondsmans job?

A bail bondsman works either independently or is a employee of a bond agency. The role of a bail bondsman is to finalize the paperwork necessary to complete bonding for the accused, receive payments from that person, and track that person down if they fail to appear in court.

What does a bailbondsman do?

• Assessment: Normally, the bond process starts with bail bondsman assessment of the defendant or their representative. They investigate the background to determine if the defendant will appear for the court date, or they are a flight risk. The bail bondsman also assesses the defendant’s ability to pay their bond fee and what financial recourse they have if they fail to make their court appearance.  
• Paperwork: Once the assessment is complete and the bail bondsman determines the defendant is good to show up in court, they collect the bail fee from them and complete paperwork, which is filed with the court. It is this formal execution of the bond that gets the defendant released from jail. 
• Communication: Some bail bondsmen will spend time prospecting new “business,” much like a salesperson.  They have a meeting with current clients and paperwork to maintain.  For a bail bondsman, time is of the essence because when they get that phone call, it is a defendant needing bail release as soon as the judge has set bail. 
• Apprehension: One duty of a bail bondsman is apprehending clients that did not make their required court appearance that the bond ensured the courts they would. The bail bondsman will track the client down, apprehend them, and bring them to the jail or before the court. 

Do you still have to pay the bail bondsman if charges are dropped?

When you’ve been arrested and bail set, then you use a bail bondsman to post that bail for you, the fee you pay for that bond is non-refundable, and you may still be in debt to pay the remainder. For example, if the charges are dismissed, dropped, or reduced, any amount paid by you or for you is non-refundable. If there were a payment arrangement made between you and the bail bondsman, you’d still owe that money. 

Why? Because the bail bondsman performed a service for you, and that fee you paid or agreed to pay was for that service. The service was to get you out of jail, and they did. The only exception to this is if the bond wasn’t posted before the charges were dismissed or dropped. 

Can anyone be a bail bondsman?

Each state has a different requirement to become a bail bondsman, and within each state, the prerequisites could vary between cities and counties.  In Texas, the qualifications and licensing requirements to become a bail bondsmen are

• Must be a U.S. citizen
• Must reside in the state of Texas
• Must be 18 years old or older
• Must have a clean criminal background

1. Give them the total amount of bail needed: The judge decides the bail amount, and the defendant or the jail should be able to give you this information. 
2. Ask for recommendations or suggestions: Detention officers are located in the court and usually have worked with several bail bondsmen. However, this is sometimes like getting your family doctor to recommend a cardiologist – many are not comfortable making recommendations. 
3. Hire a lawyer: Criminal lawyers work with bail bondsmen daily and will often have one they work with the most. 
4. Ask about the required fee: A bail bondsman will charge you a percentage of the bail as a fee to start the bond process. The average is 10%, some are as much as 20%. 
5. Avoid bail bondsmen with cheap rates: Any bail bondsman that offers a lower rate than others, they are probably a newbie in the industry and won’t have the experience of the bond process.  

When you need expert bail bondsmen for your case, know who to call. ATX Bail Bonds is always here for you. Dial 512.834.2245 today!