1. Types of Violent Crime:

2. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights

3. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Assault  What is an assault?  What are the levels of assault? 3

4. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Assault (continued)  What is an assault? A criminal charge involving violence  What are the levels of assault? Misdemeanor and Felony 4

5. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Misdemeanor v. Felony Misdemeanor – crime less severe than a felony, usually punishable by up to one year. Felony- most serious crimes, typically punishable by a year or more. 5

6. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Misdemeanor v. Felony (continued) From least to most severe:  Class C Misdemeanor  Class B Misdemeanor  Class A Misdemeanor  3 rd Degree Felony  2 nd Degree Felony  1 st Degree Felony 6

7. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Class C Assaults Class C Assault  The actor: 1) Intentionally or knowingly 2) Causes physical contact with another 3) Should know that the contact would offend the person OR 7

8. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Class C Assaults (continued)  The actor: 1) Intentionally or knowingly 2) Threatens another with imminent bodily injury › Imminent means “now”  Exception: if the victim is 65+ or disabled, see Class A 8

9. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Class B Misdemeanor Class B Assault  Same as Class C  Victim is performing duties  As a sports participant (referee) Class A Assault  Same as Class C  Victim is 65+ years or disabled 9

10. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3 rd Degree Felony  Class A Misdemeanor and:  The victim is a public servant performing their duties  The actor knows they are a public servant OR 10

11. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3 rd Degree Felony (continued) Third Degree Felony  The actor:  has assaulted a family member  has a previous conviction of family violence 11

12. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3 rd Degree Felony (continued)  What constitutes a family member? 12

13. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3 rd Degree Felony (continued) Family member:  Individuals related by blood or marriage  Former spouses  Individuals who are parents of the same child  Roommates and former roommates  Individuals in a dating relationship 13

14. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3 rd Degree Felony (continued) Dating Relationships are based on:  Length of the relationship  Nature of the relationship  Frequency and type of interaction 14

15. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Aggravated Assault Aggravated Assault: (2 nd Degree Felony)  The actor:  Commits assault  Causes serious bodily injury OR  Uses /exhibits a deadly weapon Aggravated Assault: (1 st Degree Felony)  The victim:  Family member  Serious bodily injury  Deadly weapon 15

16. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Aggravated Assault (continued) What is a deadly weapon?  Anything that in the manner of its use is capable of causing death or serious bodily injury. 16

17. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Aggravated Assault (continued) Aggravated Assault: (1 st Degree Felony)  The actor is a public servant acting under the color of their employment.  The victim is a public servant or a security officer performing their duties and the actor knows this.  The act is retaliation against a crime witness 17

18. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Abandoning or Endangering a Child Child:  Under 15 years of age Abandon:  To unreasonably leave a child without providing necessary care 18

19. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Abandoning or Endangering a Child (continued) State Jail Felony:  The actor:  Abandons the child  There is a risk of harm  Intends to return 3 rd Degree Felony:  Same as State Jail Felony except the actor does NOT intend to return 19

20. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Abandoning or Endangering a Child (continued) 2 nd Degree Felony:  The actor:  Abandons the child  Risk of imminent danger  Death  Bodily injury  Physical/mental impairment 20

21. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Deadly Conduct Class A Misdemeanor:  The actor:  Recklessly engages in conduct  Places another in imminent danger of serious bodily injury  Example: cutting brake line on a car 21

22. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Deadly Conduct (continued)  Recklessness is presumed if the actor knowingly points a firearm at or in the direction of another person.  It does NOT matter if the actor knows if it is loaded or not 22

23. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Deadly Conduct (continued) 3 rd Degree Felony:  The actor:  Knowingly discharges a firearm at or in the direction of  One or more people  A habitation, building, or vehicle 23

24. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Terroristic Threat When the actor threatens to commit any offense involving violence to any person or property with the intent to: 1) Cause a reaction by emergency services personnel (Class B Misdemeanor) 24

25. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Terroristic Threat (continued) 2) Places any person in fear of imminent serious bodily injury (Class B Misdemeanor). If the victim is a family member or a public servant, it is a Class A Misdemeanor. 25

26. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Terroristic Threat (continued) 3) Places the public in fear of serious bodily injury, interrupts public utilities, or influences the federal government (3 rd Degree Felony) 26

27. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Resources  Texas Penal Code: http://www.statutes.legis.state.tx.us/http://www.statutes.legis.state.tx.us/  Do an Internet search for the following: my texas defense lawyer. 27