Understanding Assault vs Battery in Texas

In Texas, "battery" doesn’t exist as a standalone charge — all physical harm or threatening behavior is legally considered assault here in the Lone Star State.

Assault is defined as intentionally threatening or harming another person or having unwanted physical contact that is seen as offensive or provocative.

Assault charges in Texas are categorized as either misdemeanor assault or felony assault, depending on the circumstances of the incident. Assault charges can have serious consequences, including jail and a fine.

It's important for people to keep in mind that someone can be accused of assault even if they did not cause actual physical harm. The threat of bodily harm is enough to charge someone with assault according to Texas law.

Understanding how the legal system works can be confusing, and if someone is charged with assault, they need legal representation. This is where Sparks Law Firm can help accused individuals get the most favorable outcome. More details can be found in an Assault Laws in Texas: A Comprehensive Guide.

What is Considered Assault?

There are different types of assault in Texas, including simple assault, aggravated assault, and sexual assault. There might also be prison assault charges, family violence, which is considered assault against a family member, or verbal assault. The legal consequences of assault in Texas vary significantly based on the severity of the offense.

Typically, all types of assault and battery are categorized either as simple assault or aggravated assault. Simple assault charges and aggravated assault assault might look similar, but a simple assault, which is usually a misdemeanor assault, can be elevated to a felony assault due to specific situations.

Types of Assault in Texas

Causing Bodily Injury - Usually a Class A Misdemeanor Unless Elevated

This is defined as causing physical harm, illness, or impairment in an intentional or knowing way, or recklessly causing bodily injury.

Threatening Someone with Imminent Bodily Injury - Usually a Class C Misdemeanor Unless Elevated

This is the act of making physical or verbal threats towards another person. An example is if a person raises a fist and gives a perceived threat like, "I'm going to hit you."

Offensive Contact or Provocative Content - Usually a Class C Misdemeanor Unless Elevated

This is if someone touches another person in a way that a reasonable person would find offensive, such as spitting on someone, unwanted touching, or poking their shoulder in anger.

A Class B misdemeanor also exists, but it's a rare charge specifically having to do with a sports participant.

Aggravating Factors That Increase the Severity of an Assault Charge

There are a number of factors that can increase the severity of an assault charge and change it from a simple assault to an aggravated assault.

These can be classified as a third degree felony, a second degree felony, or a first degree felony.

If the accused person used a deadly weapon during the assault, the courts can charge the individual with using a deadly weapon. This is even the case if a verbal threat of imminent harm was made. These are defined as firearms, knives, or other objects that can seriously harm or kill someone.

An assault charge can also be elevated in severity if the alleged victim is a public servant on official duties, security officer/security guard, a police officer, a family member, emergency services person, or an elderly person.

For accused people who have a history of physical violence, causing physical contact that is unreasonable, prior convictions, or have committed assault in the past, their charges might also be elevated to a felony assault.

Finally, charges can be elevated if the action caused serious bodily injury.

Assault Charge Defense Options

For those who are facing assault and battery charges in Texas, there are ways that an attorney can defend their client, even if things seem hopeless.

Some of the most common potential defenses include self defense, defense of property, defense of others, and lack of intent. Another common defense is to prove that the alleged victim consented to the contact. Some attorneys might use several defenses to help their client similarly to these criminal defense lawyers in Fort Worth.

A criminal defense attorney plays an important role in defending accused people facing assault charges. They can help clients understand their rights, as well as help them navigate the various legal challenges that might pop up.

An attorney who is an expert in criminal law can help clients understand distinct legal definitions, and what the Texas penal code says about these allegations. A law firm will also gather evidence in the case as well as interview witnesses and appeal the decision if it's not favorable. They can also provide insight on assault vs aggravated assault in Texas.

Consequences of Assault and Battery

The consequences of an assault or battery charge in Texas can be severe and include hefty fines, jail time, and a criminal record.

A conviction for assault or battery can also have long-term consequences, including lost wages and damage to a person's reputation and their professional life. They can have a difficult time finding work, a place to live, and those who have professional licenses face the substantial risk of losing them.

Even after the process of the criminal trial is over, the case can be brought up in civil court.

A criminal defense attorney, like those from Sparks Law Firm, can help accused people understand the potential consequences and build a strong defense to minimize the impact of a conviction on their life.

Conclusion

Assault and battery charges are serious criminal offenses in Texas, with severe consequences, including hefty fines, jail time, and a criminal record.

Every assault case is different, and each comes with specific charges and consequences.

For instance, a Class C Misdemeanor, which is the least severe form, might come with a fine.

A Class A misdemeanor assault usually comes with the threat of jail time of up to one year. If there are other aggravating factors, these can be elevated to felony charges.

The best possible defense is having a good lawyer, and the team at Sparks Law Firm is ready to work with those facing an assault or battery case. Free consultations are available so call today.