Texas Battery Law
What is the Difference between Battery & Assault in Texas?
violent crimes of
assault and battery frequently occur at the same time that incidents of physical
violence between two or more people may simply be classified as “assault
and battery.” Although these two have similar circumstances, they
are actually two different behaviors.
In legal terms, battery is the physical act of intentionally harming another
individual. So in jurisdictions which distinguish assault from battery,
assault is defined as a threat to cause violence while battery is the
act of following through on that threat.
Is Battery Penalized in Texas
In Texas, there is no individual criminal charge for battery. However,
committing actions that meet the definition of battery can result in assault
charges being upgraded to a more severe penalty category. Keep in mind,
although physically harming another person can lead to an arrest for assault
charges, the element of actual violence is not required to warrant an arrest.
Simple assault in Texas is considered a Class A misdemeanor, which is punishable
by a maximum jail sentence of one year and a fine of up to $4,000. Remember,
simple assault is a criminal offense in which serious bodily injury or
death did not occur, no weapons were used, and the victim of the assault
was not a public servant or the spouse of the person who committed the assault.
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