Battery

Texas Battery Law

What is the Difference between Battery & Assault in Texas?

The 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.

Call (979) 773-7028 for Experienced Legal Help from Our Bryan & College Station Criminal Defense Attorneys

At The Law Office of Shane Phelps, P.C., we are prepared to help you obtain the justice and results you deserve. With decades of experience, our Bryan and College Station criminal defense lawyers have obtained an exceptional track record of success. Let us help you get your life back on track immediately.

Contact us and request a free consultation today.

Client testimonials

  • “Mr. Phelps's professionalism and his knowledge of the law was absolutely exceptional.”

    - Satisfied Client; Read this review on Avvo
  • “He immediately assured me (panicked mother) that he would guide my son and I through this Class B misdemeanor. He did indeed!”

    - Satisfied Client; Read this review on Avvo
  • He's very knowledgeable, professional and sincere. I would recommend Shane to any and everyone.

    “Our son committed what we considered a major crime. Shane was recommended by the bail bondsman. We called and actually got to see him the same day. We had our day in court, which was a simple in and ...”

    - Satisfied Client; Read this review on FindLaw
  • He was able to not only have the charges dismissed, but completely expunged from my son's record.

    “Working with Mr. Shane Phelps is the absolute best decision I made when I was in need of an attorney for my son. Mr. Phelps was extremely helpful in guiding me through the entire process of my son's ...”

    - Satisfied Client; Read this review on FindLaw
  • Not only very knowledgeable but he is very kind and compassionate

    “Our family highly recommends Shane for your legal matters. He is not only very knowledgeable but he is very kind and compassionate. He is a straight shooter, not telling you what he thinks you want to ...”

    - Sharon; Read this review on FindLaw
/

Striving for Favorable results

  • Both Charges Dismissed 2 counts of Aggravated Assault
  • Case dismissed Criminal Trespass - Property
  • Motion to Adjudic dismissed. Probation completed Motion to Adjudicate on Possession of Marijuana 4oz. - 5 lbs
  • Refused Possession of False ID
  • Refused following our investigation Furnishing Alcohol to a Minor (Class A)
  • Reduced to Class C Misdemeanor Criminal Trespass to Habitation (Class A)
  • Refused Aggravated Kidnapping (1st Degree)
  • Reduced Possession of Marijuana
  • Dismissed Theft $20,000-$100,000 (3rd Degree)
  • Reduced Driving While License Suspended
/

Benefits of Hiring Our Firm

  • 24/7 Availability
  • Free Case Consultations
  • Award-Winning & Recognized Counsel
  • Former Prosecutor Experience
  • Board Certified Criminal Defense Specialist Since 1992 by the Texas Board of Legal Specialization
  • Over 30 Years of Legal Experience

Shane Phelps' Accomplishments