The Texas Penal Code identifies these offenses as Class-A misdemeanor crimes, and the alleged offenders are tried for felony charges in court of law. The statute views children, elderly, and people with disabilities as potential victims, who are unable to protect themselves, and therefore prosecutors pursue for maximum punishment for the accused.
Related: When to Hire a Criminal Defense Attorney
In this post, we discuss the Texas Penal Code 22.04 in detail.
What does the Texas Penal Code 22.04 say?
Alleged offenders are tried under the Texas Penal Code 22.04, if they are found to have knowingly, intentionally, recklessly, or with criminal negligence, caused serious bodily injury, impairment, or severe mental deficiency to an elderly individual, a child, or an individual with a disability. The Texas Penal Code defines the alleged victims as -
- Child — A person whose age is 14 years or younger.
- Elderly Individual — A person whose age is 65 years or older.
- Disabled Individual — A person with developmental disability, autism spectrum disorder, intellectual disability, traumatic brain injury, and /or severe emotional disturbance. A person who otherwise, is substantially unable to protect self from harm, because of any other physical or mental condition, defect, or injury also falls under this classification.
In addition, the different health conditions are further defined under different categories of law such as -
- developmental disability (defined by Section 112.042, Human Resources Code)
- autism spectrum disorder (defined by Section 1355.001, Insurance Code)
- traumatic brain injury (as defined by Section 92.001, Health and Safety Code)
- intellectual disability (defined by Section 591.003, Health and Safety Code)
- severe emotional disturbance (as defined by Section 261.001, Family Code)
Awarded Sentences for 22.04 cases
In Texas, prosecutors pursue the maximum punishment for alleged criminals, those who delve out severe physical harm to children, elderly, or people with a disability. It is, therefore, important that you opt to hire an experienced criminal defense lawyer, in case you are pursued for any such offence. The Texas Penal Code 22.04 has a defined range for possible punishments for this offence, depending upon the degree of harm received by the victim, and the mental state of the defendant. These offences are often classified among felonies including federal offenses, and accordingly, the sentence terms can be anything between 6 months to 99 years.
Wrapping Up
If you are pursued by an agency of law for causing serious bodily harm or injury to a child, an elderly, or a person with a disability, you can face serious criminal punishments. You must, therefore, hire an experienced criminal defense lawyer, who can review your case and represent you in the court of law. Assistance of a criminal defense lawyer can also helps you with other matters, such as jail release and juvenile defense.
