Crime is never a good thing, but when it comes to violent crime, it can be even more traumatic with ongoing repercussions for everyone involved. Violent crime can have repercussions trickle down and out for others too. This is why in the state of Texas, the law has implemented violent crime bail at higher amounts than other types of crime.
What counts as a violent crime?
The state of Texas considers the following crimes to be a violent crime, bail to be set by the judge according to the preset guidelines:
- Forcible rape
- Aggravated assault
- Property crimes, included in this category are:
- motor vehicle theft.
What are examples of violent crimes?
Most violent crimes have involved the use of force or some form of violence. However, an arrest that requires violent crime bail being posted can be one that involved a “threat” of violence, such as assault. It can all depend on the surrounding facts and the situation of the arrest, but it doesn’t have to involve physical actions. Examples of violent crimes are:
- A simple assault charge is a misdemeanor, but can be upgraded to a battery charge, meaning there was physical contact between the accused and the victim, which becomes a felony with the arrest charges possibly facing violent crime bail to be posted.
- Rape or any sexual assault is categorized as a violent crime, bail will be determined by the judge based on several factors.
- A sex crime against a child is a violent crime, bail may not be an option set by the judge.
- Robbery with the threat of a weapon involved is a violent crime, bail will be determined on the accused’s criminal history and other factors. If the judge grants a violent crime bail, the amount will depend on the type of weapon used during the robbery.
- Carjacking while using a weapon is a violent crime, bail could be based on a felony charge that includes auto theft.
- Homicide is the most serious type of violent crime, bail can often be denied based on several circumstances and factors.
Can you get arrested for a violent crime?
In Texas, a violent crime typically is a crime that involves an alleged victim suffering or having been threatened with injury or death. A person exhibiting these acts and threats will be arrested and face charges classified as a misdemeanor or felony offense, depending on certain factors.
Can you get a bail bond for a violent crime?
The factors considered that will determine if the judge allows violent crime bail will include any or all the following:
- The offender’s criminal history
- The nature of the injuries sustained by the victim
- If a deadly weapon or firearm was used during the offense
How much does a violent crime bail cost?
The amount of a violent crime bail will be based on the same factors that Judge will use to determine if bail is going to be permitted. A First-Degree Felony will have a hefty bail issue due to the severe nature of the crimes. This can include attempted murder, sexual assault, aggravated robbery, or arson of a residential building that resulted in death. The bail amount could range from $5,000 up to $100,000.
The amount to get a violent crime bail bond will depend on the bail bond agent/agency. Typically bail bonds are 10% of the bail amount, but a violent crime bail could be as much as 20% of the amount. Some of the same factors the judge used are used for setting this amount too, as well as a credit history check.
How do violent crimes bail work?
The key purpose of a judge setting violent crime bail is to guarantee the defendant will be present for court dates and still have the freedom to maintain their daily life activities until then. The violent crime bail is commonly a significant sum.
More times than not, this amount is unobtainable for many defendants. This directs them to use the services of a bail bond agent. That agent will post the bail for the defendant, charging a fee, customarily 10%. Once the defendant has completed all court requirements and the case has been settled, their 10% bail funds are returned minus fees.
What is the punishment for a violent crime?
A violent crime that is charged as a misdemeanor or felony will typically be punished with incarceration. The length of incarceration will depend on the crime committed and surrounding circumstances. In some cases, the defendant may be sentenced to life in prison.
How long can you go to jail for a violent crime?
For a violent crime, bail will be set if the charges are filed as a capital felony and result in the death penalty. A first-degree felony can be punished with life in prison and a maximum fine of $10,000. A second-degree felony can be sentenced to a maximum of 20-years of prison time and a maximum fine of $10,000.
Are There Other Possibilities?
Once you are arrested and charged with a violent crime, bail is posted and a court trial has been completed, are there any other possibilities? Perhaps, can violent crime charges be dropped? In Texas, the only person that can file for a violent crime charge to be dropped is the prosecutor.