types of violent crime:. copyright © texas education agency 2011. all rights reserved. images and...

Types of Violent Crime:

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Assault

What is an assault? What are the levels of assault?

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Assault (continued)

What is an assault?A criminal charge involving violence

What are the levels of assault?Misdemeanor and Felony

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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.

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Misdemeanor v. Felony (continued)

From least to most severe: Class C Misdemeanor Class B Misdemeanor Class A Misdemeanor 3rd Degree Felony 2nd Degree Felony 1st Degree Felony

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Class C Assaults

Class C Assault The actor:1) Intentionally or knowingly2) Causes physical contact with

another3) Should know that the contact would

offend the person

OR7


Class C Assaults (continued)

The actor:1) Intentionally or knowingly2) Threatens another with imminent

bodily injury›Imminent means “now”

Exception: if the victim is 65+ or disabled, see Class A

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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

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3rd Degree Felony

3rd Degree Felony Class A Misdemeanor and: The victim is a public servant

performing their duties The actor knows they are a public

servant

OR10


3rd Degree Felony (continued)

Third Degree Felony The actor:

has assaulted a family member has a previous conviction of family

violence

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What constitutes a family member?

12



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



Dating Relationships are based on:

Length of the relationship Nature of the relationship Frequency and type of

interaction

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Aggravated Assault

Aggravated Assault: (2nd Degree Felony) The actor:

Commits assault Causes serious bodily injury OR Uses /exhibits a deadly weapon

Aggravated Assault: (1st Degree Felony) The victim:

Family member Serious bodily injury Deadly weapon

15


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


Aggravated Assault (continued)

Aggravated Assault: (1st 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

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Abandoning or Endangering a ChildChild: Under 15 years of age

Abandon: To unreasonably leave a child

without providing necessary care

18


Abandoning or Endangering a Child (continued)

State Jail Felony: The actor:

Abandons the child There is a risk of harm Intends to return

3rd Degree Felony: Same as State Jail Felony

except the actor does NOT intend to

return 19


Abandoning or Endangering a Child (continued)

2nd Degree Felony: The actor:

Abandons the child Risk of imminent danger

Death Bodily injury Physical/mental impairment

20


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


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

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Deadly Conduct (continued)

3rd Degree Felony: The actor:

Knowingly discharges a firearm at or in the direction of One or more people A habitation, building, or vehicle

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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


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


Terroristic Threat (continued)

3) Places the public in fear of serious bodily injury, interrupts public utilities, or influences the federal government (3rd Degree Felony)

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Resources

Texas Penal Code: http://www.statutes.legis.state.tx.us/

Do an Internet search for the following: my texas defense lawyer.

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