In Texas, the terms assault and battery are often used interchangeably, but they are not the same. The distinction between them is crucial, especially if you’re facing violent crime charges.
Both offenses involve harm or the threat of harm, but assault refers to the threat or attempt, and battery involves actual physical contact. Knowing how the law treats these offenses can help you better navigate your legal options and protect your rights.
What is “assault” in Texas?
Under Texas Penal Code § 22.01, assault occurs when one person:
- Intentionally, knowingly or recklessly causes bodily injury to another
- Threatens another with imminent bodily injury
- Causes physical contact that is offensive or provocative
Assault charges range from Class C misdemeanors (for threats or offensive contact) to third-degree felonies (for assaults against public servants, family members with prior convictions or acts of choking).
What is “battery” in Texas?
Texas does not use the term “battery” in its statutes. Instead, what many states call battery – actual physical harm or offensive contact – is charged under the assault umbrella. For example, harming someone in a fight is considered assault in Texas, but may constitute battery elsewhere.
Common examples of assault and battery offenses include:
- Verbal threats during a heated argument (assault)
- Shoving someone in a bar (battery, charged as assault)
- Domestic violence involving physical harm (battery, charged as assault)
- Spitting on someone in a provocative way (battery, charged as assault)
If you’re facing assault charges in Texas, the consequences can be serious, with penalties ranging from fines to jail time. A conviction can also impact employment, housing and custody rights.
It’s essential to consult a seasoned defense representative who understands the nuances of Texas assault laws and can help build a strong defense.