aggravated assault with a deadly weapon texas

22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission. Charge: Aggravated Assault Deadly Weapon. Result: Deferred adjudication. State of Texas v. B.M.. Charge: Felony Possession of a Firearm. Result: Dismissed. Most often, an aggravated assault with a deadly weapon is a second-degree felony (see Texas Penal Code § 22.02(b)). Section 22.02(b)(1). aggravated assault with a deadly weapon texas

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Assault versus Aggravated Assault

Aggravated assault with a deadly weapon texas -

Aggravated Assault with a Motor Vehicle

Aggravated Assault with a Motor Vehicle

While motor vehicles are commonly thought of being as used for transportation purposes, Texas state law does consider motor vehicles to be weapons in certain circumstances. This definition can be incredibly problematic for an individual who is accused of using their vehicle as a weapon because they could ultimately face aggravated assault with a motor vehicle or intoxication assault charges, both of which will result in felony charges.

 

It is important to understand that serious criminal charges can still result even in cases in which nobody was killed because of a motor vehicle accident, as serious bodily injury or even criminally negligent episodes can also result in possible criminal charges. Furthermore, it is critical to keep in mind that aggravated assault with motor vehicle charges do not necessarily have to involve the vehicle being driven, as a person could also be charged with this crime for other possible uses of a motor vehicle that endangers other people.

Dallas Aggravated Assault with a Motor Vehicle Lawyer

Were you arrested for alleged aggravated assault with a motor vehicle anywhere in Dallas or a surrounding area of Texas? The Law Offices of Richard C. McConathy can be your voice in the courtroom and has the experience necessary to help you possibly get your criminal charges reduced or dismissed.

 

Our firm knows how frightening these kinds of criminal charges can be and the tremendous stress that they place on people, so we will do everything we can the help you overcome the alleged offense and be able to move on with your life. Call (972) 233-5700 or contact us online to receive a free consultation that will allow us to examine the facts of your case and begin building a strong defense in court.

Aggravated Assault with a Motor Vehicle Charges in Texas

Texas Penal Code § 22.02 establishes that a person commits aggravated assault if the person commits assault as defined in Texas Penal Code § 22.01 and the person either causes serious bodily injury to another, including the person’s spouse or uses or exhibits a deadly weapon during the commission of the assault. Texas Penal Code § 22.01 states that a person commits assault if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

 

Again, a motor vehicle can be considered a deadly weapon for purposes of these criminal charges. Texas Transportation Code § 501.001 defines a motor vehicle as meaning any motor-driven or propelled vehicle required to be registered under the laws of this state; a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds; a travel trailer; an off-highway vehicle, as defined by Section 551A.001; or a motorcycle or moped that is not required to be registered under the laws of this state.

 

The Texas Court of Criminal Appeals held that an individual may commit a statutorily distinct species of aggravated assault with a deadly weapon (motor vehicle) “by locking the victim in a hot car, slamming the victim’s head against the car frame, rigging the car’s gas tank to explode, placing the car in neutral and allowing it to run into the victim or a building, suffocating the victim in the trunk, or running the car in an enclosed area to cause carbon monoxide poisoning.” Again, this demonstrates that a person could face these criminal charges even without driving a motor vehicle.

 

Aggravated assault is typically a second-degree felony, but it becomes a first-degree felony if:

 

● the alleged offender uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b) (dating relationship), 71.003 (family), or 71.005 (household);
● the alleged offense is committed by a public servant acting under color of the servant’s office or employment, against a person the alleged offender knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant, in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime, or against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
● the alleged offender is in a motor vehicle and knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle is reckless as to whether the habitation, building, or vehicle is occupied, and in discharging the firearm, causes serious bodily injury to any person.

 

Certain cases involving alleged offenders under the influence of alcohol or drugs could result in intoxication assault charges. Under Texas Penal Code § 49.07, a person commits intoxication assault if the person, by accident or mistake:

 

● while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or
● as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

 

Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Intoxication assault is a third-degree felony.

Aggravated Assault with a Motor Vehicle Penalties in Texas

The consequences of an aggravated assault with a motor vehicle or even intoxication assault conviction can be severe. In general, possible penalties could include:

 

● Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000
● Second-Degree Felony — Up to 20 years in prison and/or fine of up to $10,000
● First-Degree Felony — Up to 99 years or life in prison and/or fine of up to $10,000

 

In some cases, an alleged offender may be able to argue that their actions did not constitute aggravated assault with a deadly weapon but were instead just reckless driving. Texas Transportation Code § 545.401 establishes that a person commits reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of persons or property, and this crime is only a misdemeanor punishable by a fine of up to $200 and/or up-to 30 days in jail.

 

The phrase “willful or wanton disregard for the safety of persons or property” could involve any number of possible scenarios that might apply to a possible aggravated assault with a motor vehicle case, including:

 

● Driving at excessive or dangerous speeds
● Running stop signs or red lights
● Failure to yield the right-of-way to other drivers and pedestrians
● Driving while intoxicated (DWI)
● Evading law enforcement

 

It is also important to keep in mind that a prosecutor for the state is going to have to prove that an alleged offender was either intoxicated, reckless, or acted intentionally. Texas Penal Code § 6.04 establishes that a person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

 

In cases involving intoxication, a criminal defense attorney may also be able to challenge the accuracy of the blood tests that police used to file the criminal charges. There may be a variety of other motions that could be filed to fight the charges against a person in these cases.

Aggravated Assault with a Motor Vehicle Resources

Motor Vehicle Crime Prevention Authority (MVCPA) – TxDMV.GOV — Visit this Texas Department of Motor Vehicles (TxDMV) website to learn more about auto theft issues. The MVCPA offers forms, publications, and manuals. You can learn how to protect your vehicle, what to do if your car is stolen, and ways to watch your car.

 

Rice v. State, No. 05–08–00605–CR — Aaron Lee Rice was charged with two counts of aggravated assault with a deadly weapon (a motor vehicle), was convicted on both counts and was sentenced him to five years’ imprisonment on each charge, but the Dallas Court of Appeals reversed and remanded the case after concluding that the trial court erred by failing to instruct the jury on the lesser-included offense of reckless driving and that Rice was harmed by such error. This is the case in which the Texas Court of Criminal Appeals of Texas laid out its ways an individual may commit a statutorily distinct species of aggravated assault with a deadly weapon. The Court of Criminal Appeals ultimately ruled that the Dallas Court of Appeals incorrectly held that the trial court erred when it denied the Appellant’s request for a lesser-included-offense instruction because reckless driving was not a lesser-included offense of aggravated assault with a deadly weapon as indicated in this case, and the Court of Criminal Appeals reversed the court of appeals and remanded to the court of appeals to address the remaining issues.

The Law Offices of Richard C. McConathy

Aggravated Assault Attorneys in Dallas

Representing Clients in Dallas, Fort Worth, Denton, Allen & Austin, Texas

If you've been charged with aggravated assault, act fast to get an aggravated assault lawyer fighting for you. The offense is a felony in Texas, which means if you're convicted, you could be sentenced to years in prison and/or ordered to pay thousands of dollars in fines. Additionally, with an aggravated assault mark on your criminal record, you may encounter difficulties when attempting to re-enter society after you have completed your sentence. With an experienced, intelligent, and skilled criminal defense lawyer on your side, you increase the chances of avoiding or minimizing the harsh penalties resulting from a guilty verdict.

At Deandra Grant Law, we recognize what's at stake in these types of matters. That is why our Dallas aggravated assault lawyers aggressively challenge the charges. Backed by over 25 years of experience and a sound grasp of the justice process, we know what it takes to effectively navigate these cases. When you turn to us, we will learn about the situation from your side, review all relevant information, and sift through the evidence to identify weaknesses in proof. Our team can leverage their resources to build a powerful defense on your behalf and work toward a favorable outcome for you.

Discuss the details of your case with our aggravated assault attorneys in Dallas by calling (214) 225-7117 or submitting an online contact form today.

Second-Degree Felony Aggravated Assault in Texas

Aggravated assault is considered a more serious form of assault. In Texas, simple assault occurs when a person intentionally or knowingly causes injury to another, threatens another with harm, or touches another in an offensive or provocative manner.

An assaultive offense is elevated to aggravated assault when:

  • Serious bodily injury results; or
  • A deadly weapon is used or displayed during the assault.

It's important to note that assault with a deadly weapon is not limited to instances when a gun is brandished or discharged. Texas Penal Code § 1.07 defines a deadly weapon as a firearm, any object made to cause death or serious injury, or anything that can be used to inflict death or serious bodily injury. Thus, a car, bat, tree branch, or nearly any other object can be considered a deadly weapon. If such an item is used during an assault, the person may be charged with aggravated assault.

Generally, assault with a deadly weapon or assault resulting in serious bodily injury is charged as a second-degree felony. A conviction may be penalized by between 2 and 20 years in prison and/or a fine of up to $10,000.

Our Dallas aggravated assault lawyers have a track record of results, achieving case dismissals and not guilty verdicts for past clients, and we will effectively represent you to work toward obtaining the best possible outcome on your behalf.

First-Degree Felony Aggravated Assault in Texas

In some cases, aggravated assault can be elevated from a second- to a first-degree felony. The punishments at this degree are much harsher and include a prison sentence between 5 and 99 years and/or a maximum $10,000 fine.

Aggravated assault is a first-degree felony when:

  • A deadly weapon is used to inflict serious bodily injury on a family or household member or a dating partner;
  • It's committed by a public servant carrying out their official duties;
  • It's committed against an on-duty public servant or security officer;
  • It's committed to retaliate against a witness, prospective witness, informant, or person who reported a crime;
  • It involves the discharge of a firearm from a vehicle and causes serious bodily injury to another.

Get Aggressive Representation on Your Side

When you're facing serious charges, you need a serious defense. At Deandra Grant Law, our aggravated assault attorneys in Dallas, TX, have taken on complex cases and have gone up against the most formidable opponents, and we know how to fiercely defend the people we serve. We will be committed to protecting your rights and freedoms in the Dallas, Denton, Austin, Fort Worth, & Allen areas.

Schedule a consultation with a member of our team by calling us at (214) 225-7117 or contacting us online today.

Источник: https://www.texasdwisite.com/criminal-defense/aggravated-assault/

Aggravated Assault

Aggravated Assault and Aggravated Assault with a Deadly Weapon

Under Texas Penal Code 22.02, aggravated assault is defined as causing serious bodily harm to another, including the person’s spouse. Additionally, the offender uses or exhibits a deadly weapon during the assault. 

Have you been charged with aggravated assault with a deadly weapon? If so, you need to call an experienced aggravated assault lawyer today. Although assault charges vary in severity, aggravated assault with a deadly weapon carries some of the most serious consequences. 

Deadly weapons, as defined by the Texas Penal Code, include:

  • Handgun
  • Knife
  • Bombs and other explosive devices
  • Cars, trucks, and other automobiles
  • Shanks, such as broken bottles
  • And many others

Are you a repeater offender? 

Repeat offenders have one prior offense to the most current one. This type of offense will result in your aggravated assault case to automatically increase from a third degree felony to a second degree felony. Or, if the sentencing for the offense begins at a second degree felony, the newest offense will be charged at a first degree felony. Call an experienced attorney today at 817-345-3637 to fight your case today!

Does your case qualify you as a habitual offender? 

The label habitual offender also results in intensifying the sentencing of your case. If you have committed two crimes before, call a highly rated lawyer today to get a free consultation today.  

Essential questions (Google “suggestions”)

  1. How much time do you get for aggravated assault with a deadly weapon in Texas? 

2 to 20 years is the minimum. Hire an experienced aggravated assault lawyer today for your best chances at reducing your sentence!

  1. Can you get probation for aggravated assault with a deadly weapon in Texas?

If a defendant uses or exhibits a deadly weapon during the aggravated assault, the offense is treated as a “3g” offense. A 3g offense requires the inmate to serve half of their prison sentence before they are eligible for parole. 

  1. What is the sentence for aggravated assault in Texas?

An aggravated assault charge will result in a minimum of a second degree felony. Second degree felony punishments include a 2 to 20 years prison sentence and a fine of up to $10,000. However, if an aggravated assault case involves a deadly weapon like a motor vehicle, domestic violence, or a public servant, the sentence could result in a first degree felony.

  1. How many years do you get for assault with a deadly weapon? 

Aggravated assault cases carry 2 to 20 years in prison. However, a first degree felony can result in up to life in prison.

Источник: https://themohrlawfirm.com/aggravated-assault/

What are the Different Types of Assault and Punishment Ranges?

Assault is defined in several ways in Texas Penal Code Chapter 22. There are different forms of assault and different punishment ranges for each type of assault. The type of assault and punishment is defined by the elements listed in Penal Code Chapter 22.

Class C Assault

The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500. This type of assault is committed when a person intentionally or knowingly causes physical contact with another when that person knows or should know that the contact is offensive or provocative.

Class A Assault

Assault can also be punished as a Class A Misdemeanor with a punishment ranging up to 1 year in jail and a maximum fine of $4,000. This type of assault is committed when a person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. There is no class B assault, it jumps from C to A.

3rd Degree Felony Assault

If in the course of the assault the actor intentionally, knowingly, or recklessly impedes the normal breathing of the alleged victim in the case by applying pressure to that person’s neck or throat or by blocking that person’s nose or mouth, the Assault is then charged as a 3rd-degree Felony. A 3rd degree Felony has a punishment range of anywhere from 2-10 years in jail with a fine not to exceed $10,000.

2nd Degree Aggravated Assault

Aggravated Assault is defined in Texas Penal Code Section 22.02 along with the types of punishment. If a person intentionally, knowingly, or recklessly causes bodily injury to another person AND either causes serious bodily injury or uses or exhibits a deadly weapon during the assault, the assault is charged as a 2nd-degree felony. A 2nd-degree felony has a punishment range anywhere from 2-20 years in jail with a fine not to exceed $10,000.

1st Degree Aggravated Assault

The highest form of felony punishment for an assaultive offense is a 1st-degree felony with a punishment ranging anywhere from 5-99 years in jail with a fine not to exceed $10,000. This is also considered an Aggravated Assault, but with additional elements, such as using a deadly weapon and causing serious bodily injury to a family member, against a public servant, or discharging a firearm from a motor vehicle that causes serious bodily injury to another.

If you or anyone you know is facing an assault charge, the variations of the charge can differ greatly depending on the facts of your case. Give Guest and Gray a call today and let us help you or your loved one.

Источник: https://www.robertguest.com/what-are-the-different-types-of-assault-and-punishment-ranges.html

Case Results

State of Texas v. A.H.

Charge: Aggravated Assault with a Deadly Weapon

Result: Not Guilty

State of Texas v. A.G.

Charge: Assault of a Public Servant

Result: Dismissed

State of Texas v. G.T.

Charge: Assault of a Police Officer

Result: Not Guilty

State of Texas v. D.A.

Charge: Aggravated Assault Family Violence

Result: Dismissed

State of Texas v. R.P.

Charge: Aggravated Assault

Result: Not Guilty

State of Texas v. D.A.

Charge: Aggravated Assault Family Voilence

Result: Dismissed

State of Texas v. M.A.

Charge: Assault Family Voilence

Result: Not Guilty

State of Texas v. D.R.

Charge: Assault Family Voilence

Result: Not Guilty

State of Texas v. A.O.

Charge: Assault

Result: Pretrial Diversion

State of Texas v. C.H.

Charge: Assault

Result: Not Guilty

State of Texas v. A.S.

Charge: Assault Family Violence

Result: Pretrial Diversion

State of Texas v. J.N.

Charge: Felony Assault Family Violence with habitual enhancement

Result: Reduced to misdemeanor assault

State of Texas v. P.Z.

Charge: Aggravated Assault with a Deadly Weapon

Result: Motion for New Trial Granted

State of Texas v. C.B.

Charge: Aggravated Assault with a Deadly Weapon

Result: Dismissed

State of Texas v. D.G.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. R.P.

Charge: Assault Family Violence (third degree felony)

Result: Dismissed

State of Texas v. T.G.

Charge: Aggravated Assault Family Violence

Result: Reduced to misdemeanor deferred adjudication

State of Texas v. W.M.

Charge: Assault Family Violence

Result: Pretrial Diversion

State of Texas v. R.F.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. A.S.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. M.K.

Charge: Aggravated Assault Deadly Weapon (2 charges)

Result: Reduced to a misdemeanor

State of Texas v. J.S.

Charge: Assault of a Public Servant/Evading Arrest

Result: Dismissed

State of Texas v. K.R.

Charge: Aggravated Assault Family Violence

Result: Dismissed

State of Texas v. L.W.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. M.M.

Charge: Assault Family Violence

Result: Dismissed

Источник: https://www.texasdefenselaw.com/case-results/

Austin Police Department Aggravated Assault Investigation

Case:               21-1640188

Date:               Sunday, June 13, 2021

Time:               2:06 a.m.

Location:       4211 Todd Lane, Austin, Texas

On June 13, 2021, at approximately 2:08 A.M., Officers from the Austin Police Department (APD) responded to “shots fired” call at 4211 Todd Lane, Austin, Texas. Upon their arrival, officers encountered a large crowd of party-goers, with multiple people and vehicles attempting to leave the parking lot of the location. Officers located over 84 shell casings in the parking lot and in the roadway. Two female victims attending the event sustained life threatening injuries from gunshot wounds.

During the course of a long term investigation it was established 9 separate individuals discharged firearms during a drive by shooting and subsequent retaliatory shootings. During the course of this criminal event over 84 rounds were discharged by individuals involved. Six individuals discharged semi-automatic handguns and three people discharged AK-47 style firearms. Numerous other individuals were observed with rifles and pistols who did not shoot.

At this point in the investigation, 12 firearms have been seized to include assault rifle variants and handguns.

The following people have been arrested: 

Christopher Ramirez, Jeramie Sawyer, Rudy Mota, Antonio Rodriguez, Camron Perkins, and Juvenile 1                     

press release photos
The following people are wanted for:

Luis Galicia - Aggravated Assault with a Deadly Weapon from a Motor Vehicle Causing Serious Bodily Injury 1st Degree Felony, Aggravated Assault with a Deadly Weapon from a Motor Vehicle Causing Serious Bodily Injury 1st Degree Felony

Bobby Hines - Unlawful Possession of a Firearm by a Felon, 3rd Degree Felony, Failure to Register as a Sex Offender 3rd Degree Felony

Nathan Ramirez - Unlawful Carrying a Weapon Class A Misdemeanor

Additional charges and cases are under review with State and Federal prosecutors for additional parties.

One involved party is yet to be identified who was observed discharging a firearm and is a person of interest. The person of interest is affiliated with a white Dodge Ram 1500 with custom rims, a bed cover, and a Mexican flag hanging off the rear bumper. The person of interest left in a black Chevrolet Suburban with custom rims. The unidentified person is believed to be a medium build whit or Hispanic male.      

todd todd 2

The Austin Police Department would like to acknowledge assistance of the following organizations helping to combat gun crime in the City of Austin and specifically with this investigation: 
•    APD Aggravated Assault Unit
•    APD Gang Unit
•    F.B.I. Safe Streets Task Force
•    ATF Violent Crimes Task Force
•    APD Violent Crimes Task Force
•    APD Major Crimes Unit
•    APD Tactical Intelligence Unit
•    U.S. Marshall’s Lone Star Fugitive Task Force
•    Round Rock Police Department
•    APD SWAT Team 
This coalition of local law enforcement provided the resources to effectively investigate this large scale incident.

Anyone with information about this incident or other violent crime is asked to call the APD Aggravated Assault Unit at (512) 974-5245, Crime Stoppers at 512-472-TIPS or use the new Crime Stoppers App. You can also submit tips by downloading APD’s mobile app, Austin PD, for free on iPhone and Android. Crime Stoppers is offering up to a $1,000 reward for information that leads to an arrest.

Источник: https://www.austintexas.gov/news/austin-police-department-aggravated-assault-investigation

Assault with a Deadly Weapon

Assault with a deadly weapon in Dallas is a serious felony offense that can result in very severe penalties, including jail or prison time and a hefty fine. A conviction for assault with a deadly weapon can also have a negative impact on your future, such as eliminating many employment, housing, public assistance and educational opportunities.

It is important to remember that criminal charges for assault with a deadly weapon do not have to result in a conviction and the additional lasting repercussions. The state prosecutor must prove you committed every element to the assault offense beyond a reasonable doubt.

This is a very difficult burden to meet, and any doubt in the jury’s or judge’s mind can result in a dismissal or reduction of the charges against you. Therefore, it is essential to contact an experienced criminal defense lawyer in Dallas who will make every effort to craft the most effective legal strategy for your situation.

Dallas Assault with a Deadly Weapon Lawyer

If you have been charged with an assault with a deadly weapon offense in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.

Attorney Richard McConathy will make every effort to identify mitigating factors or defenses that are applicable to your particular situation. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your deadly weapon assault allegations.


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Assault with a Deadly Weapon in Dallas

According to section 22.021 of the Texas Penal Code, an individual can be charged with assault with a deadly weapon if they use a deadly weapon during the commission of an assault offense. This offense is also commonly known as an aggravated assault in Texas.

As defined in Tex. Penal Code § 22.01, an individual can commit assault in Texas if they intentionally or knowingly cause or threaten to cause bodily injury to another person, or cause offensive physical contact to another person.


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Deadly Weapon Examples in Dallas

According to Tex. Penal Code § 46.01, weapons, guns and firearms that are considered deadly weapons can include any of the following:

  • Knives,
  • Explosive Weapons,
  • Machine Guns,
  • Short-Barrel Firearms,
  • Firearm Silencers,
  • Switchblade Knives,
  • Knuckles,
  • Armor-Piercing Ammunition,
  • Chemical Dispensing Devices,
  • Zip Guns,
  • Clubs,
  • Blackjacks,
  • Nightsticks,
  • Mace,
  • Tomahawks,
  • Handguns,
  • Knives,
  • Daggers,
  • Bowie Knives,
  • Swords,
  • Spears, and/or
  • Illegal Knives.

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Dallas Penalties for Assault with a Deadly Weapon

The penalties for assault with a deadly weapon in the Dallas / Fort Worth metroplex are defined in Chapter 12 of the Texas Penal Code, which are listed below.

Criminal charges for assault with a deadly weapon can usually result in a felony of the second degree conviction, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.

However, criminal charges for assault with a deadly weapon can result in a felony of the first degree conviction if the offense was committed against:

  • A family member or significant other;
  • A security officer,
  • A public servant, or
  • In retaliation against a witness in a criminal case.

This degree of offense can result in a prison sentence ranging from five to 99 years or life in prison and/or a fine up to $10,000.

Criminal charges for assault with a deadly weapon can also result in felony of the first degree conviction if the alleged offender operates a firearm from a motor vehicle in the direction of another vehicle or building and causes serious bodily injury to another person. This degree of offense is punishable by a prison sentence ranging from five to 99 years or life in prison and/or a fine up to $10,000.


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Defenses to Assault with a Deadly Weapon in Dallas

Occasionally, defenses may be applicable to charges for assault with a deadly weapon in certain situation. These defenses do not apply to every case, so it is important to discuss the elements of your criminal charges to a Dallas criminal defense attorney who can help you identify if a defense is appropriate to your particular circumstances.

  • Lack of Intent – Intent is a required element to all assault offenses. If your attorney is able to show you did not have the required intent to commit assault, the assault with a deadly weapon charges against you may be reduced or even dismissed.
  • Self Defense – In Texas, individuals are permitted to use force, and occasionally deadly force, against the immediate threat of injury or bodily harm.
  • Lack of a Deadly Weapon – You criminal defense lawyer may be able to demonstrate a deadly weapon was not present or used during the commission of the assault offense. This can result in a reduction of the assault charges you are facing, or even a complete dismissal.

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Law Offices of Richard C. McConathy Dallas Aggravated Assault with a Motor Vehicle Attorney

If you were arrested for aggravated assault with a motor vehicle in Dallas, Fort Worth, or a surrounding area in Texas, do not wait to get yourself the legal help you will need to overcome the criminal charges. The Law Offices of Richard C. McConathy can fight to help you clear your name and overcome the case against you.

 

Our firm will be able to provide answers to all of your questions when you call (972) 233-5700 or contact our firm online to arrange a free consultation. We will listen to your side of the story and do everything we can to help you avoid the costliest penalties.

Источник: https://www.mcconathylaw.com/criminal-defense/traffic-offenses/aggravated-assault-with-a-motor-vehicle/

Case Results

State of Texas v. A.H.

Charge: Aggravated Assault with a Deadly Weapon

Result: Not Guilty

State of Texas v. A.G.

Charge: Assault of a Public Servant

Result: Dismissed

State of Texas v. G.T.

Charge: Assault of a Police Officer

Result: Not Guilty

State of Texas v. D.A.

Charge: Aggravated Assault Family Violence

Result: Dismissed

State of Texas v. R.P.

Charge: Aggravated Assault

Result: Not Guilty

State of Texas v. D.A.

Charge: Aggravated Assault Family Voilence

Result: Dismissed

State of Texas v. M.A.

Charge: Assault Family Voilence

Result: Not Guilty

State of Texas v. D.R.

Charge: Assault Family Voilence

Result: Not Guilty

State of Texas v. A.O.

Charge: Assault

Result: Pretrial Diversion

State of Texas v. C.H.

Charge: Assault

Result: Not Guilty

State of Texas v. A.S.

Charge: Assault Family Violence

Result: Pretrial Diversion

State of Texas v. J.N.

Charge: Felony Assault Family Violence with habitual enhancement

Result: Reduced to misdemeanor assault

State of Texas v. P.Z.

Charge: Aggravated Assault with a Deadly Weapon

Result: Motion for New Trial Granted

State of Texas v. C.B.

Charge: Aggravated Assault with a Deadly Weapon

Result: Dismissed

State of Texas v. D.G.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. R.P.

Charge: Assault Family Violence (third degree felony)

Result: Dismissed

State of Texas v. T.G.

Charge: Aggravated Assault Family Violence

Result: Reduced to misdemeanor deferred adjudication

State of Texas v. W.M.

Charge: Assault Family Violence

Result: Pretrial Diversion

State of Texas v. R.F.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. A.S.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. M.K.

Charge: Aggravated Assault Deadly Weapon (2 charges)

Result: Reduced to a misdemeanor

State of Texas v. J.S.

Charge: Assault of a Public Servant/Evading Arrest

Result: Dismissed

State of Texas v. K.R.

Charge: Aggravated Assault Family Violence

Result: Dismissed

State of Texas v. L.W.

Charge: Assault Family Violence

Result: Dismissed

State of Texas v. M.M.

Charge: Assault Family Violence

Result: Dismissed

Источник: https://www.texasdefenselaw.com/case-results/

Aggravated Assault with a Motor Vehicle

Aggravated Assault with a Motor Vehicle

While motor vehicles are commonly thought of being as used for transportation purposes, Texas state law does consider motor vehicles to be weapons in certain circumstances. This definition can be incredibly problematic for an individual who is accused of using their vehicle as a weapon because they could ultimately face aggravated assault with a motor vehicle or intoxication assault charges, both of which will result in felony charges.

 

It is important to understand that serious criminal charges can still result even in cases in which nobody was killed because of a motor vehicle accident, as serious bodily injury or even criminally negligent episodes can also result in possible criminal charges. Furthermore, it is critical to keep in mind that aggravated assault with motor vehicle charges do not necessarily have to involve the vehicle being driven, as a person could also be charged with this crime for other possible uses of a motor vehicle that endangers other people.

Dallas Aggravated Assault with a Motor Vehicle Lawyer

Were you arrested for alleged aggravated assault with a motor vehicle anywhere in Dallas or a surrounding area of Texas? The Law Offices of Richard C. McConathy can be your voice in the courtroom and has the experience necessary to help you possibly get your criminal charges reduced or dismissed.

 

Our firm knows how frightening these kinds of criminal charges can be and the tremendous stress that they place on people, so we will do everything we can the help you overcome the alleged offense and be able to move on with your life. Call (972) 233-5700 or contact us online to receive a free consultation that will allow us to examine the facts of your case and begin building a strong defense in court.

Aggravated Assault with a Motor Vehicle Charges in Texas

Texas Penal Code § 22.02 establishes that a person commits aggravated assault if the person commits assault as defined in Texas Penal Code § 22.01 and the person either causes serious bodily injury aggravated assault with a deadly weapon texas another, including the person’s spouse or uses or exhibits a deadly weapon during the commission of the assault. Texas Penal Code § 22.01 states that a person commits assault if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

 

Again, a motor vehicle can be aggravated assault with a deadly weapon texas a deadly weapon for purposes of these criminal charges. Texas Transportation Code § 501.001 defines a motor vehicle as meaning any motor-driven or propelled vehicle required to be registered under the laws of this state; a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds; a travel trailer; an off-highway vehicle, as defined by Section 551A.001; or a motorcycle or moped that is not required to be registered under the laws of this state.

 

The Texas Court of Criminal Appeals held that an individual may commit a statutorily distinct species of aggravated assault with a deadly weapon (motor vehicle) “by locking the victim in a hot car, slamming the victim’s head against the car frame, rigging the car’s gas tank to explode, placing the car in neutral and allowing it to run into the victim or a building, suffocating the victim in the trunk, or running the car in an enclosed area to cause carbon monoxide poisoning.” Again, this demonstrates that a person could face these criminal charges even without driving a motor vehicle.

 

Aggravated assault is typically a second-degree felony, but it becomes a first-degree felony if:

 

● the alleged offender uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b) (dating relationship), 71.003 (family), or 71.005 (household);
● the alleged offense is committed by a public servant acting under color of the servant’s office or employment, against a person the alleged offender knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant, in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime, or against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
● the alleged offender is in a motor aggravated assault with a deadly weapon texas and knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle is reckless as to whether the habitation, building, or vehicle is occupied, and in discharging the firearm, causes serious bodily injury to any person.

 

Certain cases involving alleged offenders under the influence of alcohol or drugs could result in intoxication assault charges. Under Texas Penal Code § 49.07, a person commits intoxication assault if the person, by accident or mistake:

 

● while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or
● as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

 

Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Intoxication assault is a third-degree felony.

Aggravated Assault with a Motor Vehicle Penalties in Texas

The consequences of an aggravated assault with a motor vehicle or even intoxication assault conviction can be severe. In general, possible penalties could include:

 

● Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000
● Second-Degree Felony — Up to 20 years in prison and/or fine of up to $10,000
● First-Degree Felony — Up to 99 years or life in prison and/or fine of up to $10,000

 

In some cases, an alleged offender may be able to argue that their actions did not constitute aggravated assault with a deadly weapon but were instead just reckless driving. Texas Transportation Code § 545.401 establishes that a person commits reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of persons or property, and this crime is only a misdemeanor punishable by a fine of up to $200 and/or up-to 30 days in jail.

 

The phrase “willful or wanton disregard for the safety of persons or property” could involve any number of possible scenarios that might apply to a possible aggravated assault with a motor vehicle case, including:

 

● Driving at excessive or dangerous speeds
● Running stop signs or red lights
● Failure to yield the right-of-way to other drivers and pedestrians
● Driving while intoxicated (DWI)
● Evading law enforcement

 

It is also important to keep in mind that a prosecutor for the state is going to have to prove that an alleged offender was either intoxicated, reckless, or acted intentionally. Texas Penal Code § 6.04 establishes that a person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

 

In cases involving intoxication, aggravated assault with a deadly weapon texas criminal defense attorney may also be able to challenge the accuracy of the blood tests that police used to file the criminal charges. There may be a variety of other motions that could be filed to fight the charges against a person in these cases.

Aggravated Assault with a Motor Vehicle Resources

Motor Vehicle Crime Prevention Authority (MVCPA) – TxDMV.GOV — Visit this Texas Department of Motor Vehicles (TxDMV) website to learn more about auto theft issues. The MVCPA offers forms, publications, and manuals. You can learn how to protect your vehicle, what to do if your car is stolen, and ways to watch your car.

 

Rice v. State, No. 05–08–00605–CR — Aaron Lee Rice was charged with two counts of aggravated assault with a deadly weapon (a motor vehicle), was convicted on both counts and was sentenced him to five years’ imprisonment on each charge, but the Dallas Court of Appeals reversed and remanded the case after concluding that the trial court erred by failing to instruct the jury on the lesser-included offense of reckless driving and that Rice was harmed by such error. This is the case in which the Texas Court of Criminal Appeals of Texas laid out its ways an individual may commit a statutorily distinct species of aggravated assault with a deadly weapon. The Court of Criminal Appeals ultimately ruled that the Dallas Court of Appeals incorrectly held that the trial court erred when it denied the Appellant’s request for a lesser-included-offense instruction because reckless driving was not a lesser-included offense of aggravated assault with a deadly weapon as indicated in this case, and the Court of Criminal Appeals reversed the court of appeals and remanded to the court of appeals to address the remaining issues.

The Law Offices of Richard C. McConathy

What are the Different Types of Assault and Punishment Ranges?

Assault is defined in several ways in Texas Penal Code Chapter 22. There are different forms of assault and different punishment ranges for each type of assault. The type of assault and punishment is defined by the elements listed in Penal Code Chapter 22.

Class C Assault

The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500. This type of assault is committed when a person intentionally or knowingly causes physical contact with another when that person knows or should know that the contact is offensive or provocative.

Class A Assault

Assault can also be punished as a Class A Misdemeanor with a punishment ranging up to 1 year in jail and a maximum fine of $4,000. This type of assault is committed when a person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. There is no class B assault, it jumps from C to A.

3rd Degree Felony Assault

If in the course of the assault the actor intentionally, knowingly, or recklessly impedes the normal breathing of the alleged victim in the case by applying pressure to that person’s neck or throat or by blocking that person’s nose or mouth, the Assault is then charged as a 3rd-degree Felony. A 3rd degree Felony has a punishment range of anywhere from 2-10 years in jail with a fine not to exceed $10,000.

2nd Degree Aggravated Assault

Aggravated Assault is defined in Texas Penal Code Section 22.02 along with the types of punishment. If a person intentionally, knowingly, or recklessly causes bodily injury to another person AND either causes serious bodily injury or uses or exhibits a deadly weapon during the assault, the assault is charged as a 2nd-degree felony. A 2nd-degree felony has a punishment range anywhere from 2-20 years in jail with a fine not to exceed $10,000.

1st Degree Aggravated Assault

The highest form of felony punishment for an assaultive offense is a 1st-degree felony with a punishment ranging anywhere from 5-99 years in jail with a fine not to exceed $10,000. This is also considered an Aggravated Assault, but with additional elements, such as using a deadly weapon and causing serious bodily injury to a family member, against a public servant, or discharging a firearm from a motor vehicle that causes serious bodily injury to another.

If you or anyone you know is facing an assault charge, the variations of the charge can differ greatly depending on the facts of your case. Give Guest and Gray a call today and let us help you or your loved one.

Источник: https://www.robertguest.com/what-are-the-different-types-of-assault-and-punishment-ranges.html

San Antonio Assault Attorney

Types of Assault Charges in Texas

The different Types of assault in Texas include:

  • Simple Assault
  • Aggravated Assault
  • Sexual Assault
  • Aggravated Sexual Assault

As a assault defense lawyer in Texas, I am dedicated to fighting for the rights of the accused. I can use my comprehensive knowledge of the law and extensive experience in the legal system to give you the best chance at freedom. When you come to my firm, I can thoroughly analyze the facts and circumstances surrounding your case to build a personalized strategy for your defense.


Arrested for assault? Contact the Law Office of Kerrisa Chelkowski today to get started with a free case evaluation.


How Long Do You Go to Jail for Simple Assault in Texas?

Under the terms of Texas Penal Code §22.01, "Assault," there are three basic types:

  • In the first, the alleged perpetrator intentionally, knowingly or recklessly causes bodily injury to another person.
  • In the second, the perpetrator threatens such harm to the other person.
  • In the third, the perpetrator intentionally or knowingly causes physical contact with another person despite knowing that the other person will regard this contact as being offensive or provocative.

The first type of assault listed above is charged as a Class A misdemeanor, with a maximum sentence of up to a year in jail and fines of up to $4,000, whereas the other two listed are charged as Class C misdemeanors, punishable by a $500 fine.

Penalties for Aggravated Assault in Texas

Assault charges in Texas can be increased to aggravated assault for cases in which the victim suffers serious bodily injury, such as a life-threatening injury or one which results in disfigurement or permanent disability. An assault charge might also be considered aggravated if the defendant is accused of using or exhibiting a deadly weapon such as a knife or firearm

Aggravated assault is considered a second-degree felony, punishable by up to 20 years in prison and fines of up to $10,000. Penalties for a first-degree felony of aggravated assault can result in a maximum sentence of life in prison.

Assault may be charged as a first-degree felony under certain circumstances:

  • If the perpetrator uses a deadly weapon to injure a family member
  • If the victim is a public servant
  • If the crime is retaliation against a witness in another criminal proceeding

Aggressive Defense to Assault Charges From A Former Prosecutor

One of the most common strategies for fighting an assault charge in Texas is toargue that the suspect was acting in self-defense. Police officers who arrive at the scene of an assault incident often assume that the person with more serious wounds is the victim, whereas this person may actually have been the aggressor. Similarly, they might arrest the wrong person based on aggravated assault with a deadly weapon texas false statements of the aggressor and his or her friends.

Whether you have been falsely accused or if you committed the crime and need help seeking a second chance, come to the Law Office of Kerrisa Chelkowski. I have a background as a Bexar County prosecutor and have handled hundreds of misdemeanor and felony cases in my career as a San Antonio defense attorney. Let me fight for you!

Fill out an online, confidential form today and let me review your case. As a 10.0 Superb Avvo Rated lawyer with an exceptional track record of aggravated assault with a deadly weapon texas, I will do everything in my power to see that a positive outcome is reached. Included in the list of Texas Super Lawyers® Rising Stars℠ for 6 consecutive years from 2009-2014, I have been rated among the top 2.5% of attorneys in the state of Texas.

Facing assault charges in Texas? Do not hesitate to get help when your future and freedom are at stake. Call my office today at (210) 201-7821!

Источник: https://www.defend-texas.com/criminal-defense/assault/

Aggravated Assault with a Deadly Weapon

Aggravated assault in the State of Texas is the act of committing assault while using or exhibiting a deadly weapon. A deadly weapon is not only what you would typically think as a weapon, such as a gun or a knife. It is anything that can be used to cause death or serious bodily injury, like an automobile, a brick, or a person’s own hands. Serious bodily injury is any injury where there is a substantial risk that the person could die or suffer permanent physical damage.

Seriousness of Aggravated Assault with a Deadly Weapon

Aggravated assault with a deadly weapon is a very serious crime in Texas, and the state groups it with other serious crimes termed “3g” offenses (Texas Code of Criminal Procedure, Article 42.12, Section 3g) such as murder, aggravated kidnapping and sexual assault. Judges are not allowed to grant probation to anyone convicted of a 3g offense. These offenders must also serve more of their sentences before they are eligible for parole than those convicted of other crimes.

Aggravated assault is usually a 2nd degree felony, but if any of the following conditions are met, it becomes a 1st degree felony:

  • The assault causes serious bodily injury to a family member
  • The assault is committed on an on-duty security officer
  • The assault is committed by or against a public servant while on duty
  • The assault is committed during a green dot moneypak activation codes shooting which causes serious bodily injury to any person
  • The assault is committed in retaliation against a witness or prospective witness, an informant, or someone who reported a crime.
Источник: https://www.cdthompsonlaw.com/assault-with-a-deadly-weapon/

Assault with a Deadly Weapon

Assault with a deadly weapon in Dallas is a serious felony offense that can result in very severe penalties, including jail or prison time and a hefty fine. A conviction for assault with a deadly weapon can also have a negative impact on your future, such as eliminating many employment, housing, public assistance and educational opportunities.

It is important to remember that criminal charges for assault with a deadly weapon do not have to result in a conviction and the additional lasting repercussions. The state prosecutor must prove you committed every element to the assault offense beyond a reasonable doubt.

This is a very difficult burden to meet, and any doubt in the jury’s or judge’s mind can result in a dismissal or reduction of the charges against you. Therefore, it is essential to contact an experienced criminal defense lawyer in Dallas who will make every effort to craft the most effective legal strategy for your situation.

Dallas Assault with a Deadly Weapon Lawyer

If you have been charged with an assault with a deadly weapon offense in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.

Attorney Richard McConathy will make every effort to identify mitigating factors or defenses that are applicable to your particular situation. Call Law Offices of Richard C. Aggravated assault with a deadly weapon texas for a free consultation at (972) 233-5700 about your deadly weapon assault allegations.


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Assault with a Deadly Weapon in Dallas

According to section 22.021 of the Texas Penal Code, an individual can be charged with assault with a deadly weapon if they use a deadly weapon during the commission of an assault offense. This offense is also aggravated assault with a deadly weapon texas known as an aggravated assault in Texas.

As defined in Tex. Penal Code § 22.01, an individual can commit assault in Texas if they intentionally or knowingly cause or threaten to cause bodily injury to another person, or cause offensive physical contact to another person.


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Deadly Weapon Examples in Dallas

According to Tex. Penal Code § 46.01, weapons, guns and firearms that are considered deadly weapons can include any of the following:

  • Knives,
  • Explosive Weapons,
  • Machine Guns,
  • Short-Barrel Firearms,
  • Firearm Silencers,
  • Switchblade Knives,
  • Knuckles,
  • Armor-Piercing Ammunition,
  • Chemical Dispensing Devices,
  • Zip Guns,
  • Clubs,
  • Blackjacks,
  • Nightsticks,
  • Mace,
  • Tomahawks,
  • Handguns,
  • Knives,
  • Daggers,
  • Bowie Knives,
  • Swords,
  • Spears, and/or
  • Illegal Knives.

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Dallas Penalties for Assault with a Deadly Weapon

The penalties for assault with a deadly weapon in the Dallas / Fort Worth metroplex are defined in Chapter 12 of the Texas Penal Code, which are listed below.

Criminal charges for assault with a deadly weapon can usually result in a felony of the second degree conviction, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.

However, criminal charges for assault with a deadly weapon can result in a felony of the first degree conviction if the offense was committed against:

  • A family member or significant other;
  • A security officer,
  • A public servant, or
  • In retaliation against a witness in a criminal case.

This degree of offense can result discover credit card check status a prison sentence ranging from five to 99 years or life in prison and/or a fine up to $10,000.

Criminal charges for assault with a deadly weapon can also result in felony of the first degree conviction if the alleged offender operates a firearm from a motor vehicle in the direction of another vehicle or building and causes serious bodily injury to another person. This degree of offense is punishable by a prison sentence ranging from five to 99 years or life in prison and/or a fine up to $10,000.


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Defenses to Assault with a Deadly Weapon in Dallas

Occasionally, defenses may be applicable to charges for assault with a deadly weapon in certain situation. These defenses do not apply to every case, so it is important to discuss the elements of your criminal charges to a Dallas criminal defense attorney who can help you identify if a defense is appropriate to your particular circumstances.

  • Lack of Intent – Intent is a required element to all assault offenses. If your attorney is able to show you did not have the required intent to commit assault, the assault with a deadly weapon charges against you may be reduced or even dismissed.
  • Self Defense – In Texas, individuals are permitted to use force, and occasionally deadly force, against the immediate threat of injury or bodily harm.
  • Lack of a Deadly Weapon – You criminal defense lawyer may be able to demonstrate a deadly weapon was not present or used during the commission of the assault offense. This can result in a reduction of the assault charges you are facing, or even a complete dismissal.

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Law Offices of Richard C. McConathy

4 Replies to “Aggravated assault with a deadly weapon texas”

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