Battery charges are often mentioned with assault because they commonly occur together during violent altercations. Assault refers to the threat or attempt to harm someone, battery involves the actual physical contact and intentional harm inflicted upon another person. In Bryan, Texas, the crime of battery is not specifically defined as a separate offense under state law but would be filed under the statute for assault. It can be a complicated legal distinction. An experienced Bryan battery lawyer can help you navigate these charges.
In Texas, the term "assault" encompasses both the threat of harm (assault) and the physical act of intentionally causing harm to another person (battery). An example of a crime of battery in Bryan, Texas, could involve a situation where one person physically strikes another individual with the intent to cause harm or injury. This could include instances of punching, kicking, or any other form of physical attack that results in bodily harm to the victim.
Why Choose the Law Office of Shane Phelps When Facing a Bryan Battery Charge?
If you are facing a battery charge in Bryan, Texas, don't hesitate to contact the Law Office of Shane Phelps for experienced and dedicated legal representation. We are here to help you navigate this challenging time with confidence. Choosing the Law Office of Shane Phelps can provide you with several key advantages.
We prioritize personalized attention to every client. Your Bryan battery lawyer will thoroughly investigate the circumstances surrounding your charges, identify weaknesses in the prosecution's case, and work diligently to achieve the best possible outcome for you. Whether negotiating with prosecutors for reduced charges or litigating in court, we will fight tirelessly to protect your rights and pursue a favorable resolution to your case. Call us today at 979-773-7028 for a free consultation.
Our Law Office in Bryan, Texas
The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.
What Is the Difference Between Battery & Assault in Texas?
In legal terms, battery is the physical act of intentionally harming another individual. In jurisdictions that distinguish assault from battery, assault is defined as a threat to cause violence while battery is the act of following through on that threat.
The violent crimes of assault and battery frequently occur at the same time. 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 two different behaviors.
Is Battery Penalized in Texas?
The distinction between assault and battery as separate charges, as seen in some other jurisdictions, does not exist in Texas law. Instead, acts that would be considered battery in other states are typically covered under the broader offense of assault in Texas. Therefore, in Texas, if you are charged with assault, it encompasses both the threat of harm (assault) and the physical act of causing harm (battery).
Committing actions that meet the definition of battery can result in assault charges being upgraded to a more severe penalty category. 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.
The specific statute outlining assault offenses in Texas is found in the Texas Penal Code, Section 22.01. This statute defines assault and specifies the various circumstances under which a person may be charged with assault, including causing bodily injury, threatening bodily injury, or causing offensive physical contact.
While the term "battery" may not be explicitly used in Texas statutes, acts that would constitute battery in other jurisdictions are covered under the broader umbrella of assault charges. The severity of the charge and potential penalties depend on factors such as the extent of the injuries, whether a weapon was used, and the relationship between the parties involved.
Categories of Assault Charges Including Battery
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.
Assault against a family member, household member, or someone with whom the defendant has a dating relationship can result in enhanced penalties under Texas domestic violence laws.
Aggravated assault involves causing serious bodily injury to another person or using or exhibiting a deadly weapon during the commission of the assault. Aggravated assault is charged as a felony, with varying degrees depending on the severity of the offense.
Sexual assault involves non-consensual sexual contact or penetration and is treated as a separate offense under Texas law.
What Happens When You Are Arrested for Assault and Battery in Texas?
If you are arrested for assault and battery in Texas, the process typically involves several steps:
- Arrest: If you are suspected of committing assault, law enforcement officers will arrest you based on probable cause. You are then taken into custody and transported to the police station or county jail for booking.
- Booking: During the booking process, your personal information, including name, address, and fingerprints, is recorded. A mugshot may also be taken, and your possessions are inventoried.
- Charging Decision: After the arrest, the prosecutor's office reviews the evidence gathered by law enforcement to determine whether to formally charge you with assault. If charges are filed, the prosecutor will specify the nature of the assault offense based on the circumstances of the case.
- Initial Appearance: You are brought before a judge for an initial appearance, where you are informed of the charges against you and your rights. The judge may also set bail or bond conditions for release from custody pending further court proceedings.
- Legal Representation: You have the right to legal representation throughout the legal process.
- Pre-Trial Proceedings: Depending on the severity of the assault charge, there may be pre-trial proceedings, including arraignment, pre-trial conferences, and motion hearings. During this stage, the defense and prosecution may exchange evidence, negotiate plea deals, and address procedural issues.
- Trial: If the case proceeds to trial, the prosecution presents evidence and witnesses. They must prove your guilt beyond a reasonable doubt. The defense has the opportunity to cross-examine witnesses, present evidence, and argue on your behalf.
- Verdict: After hearing the evidence and legal arguments presented at trial, the judge or jury deliberates and reaches a verdict. If you are found guilty, the judge imposes a sentence, which may include fines, probation, community service, or incarceration, depending on the severity of the offense and your criminal history.
Throughout this process, you need skilled legal representation. An experienced criminal defense attorney will work to protect your rights and advocate on your behalf. It's important to talk to a lawyer as soon as possible if you are charged with battery and assault. Do not try to navigate the legal system alone. We are familiar with Texas law and how the judicial system works.
How Can a Lawyer Help with a Charge of Assault and Battery in Bryan, Texas?
When you contact the Law Office of Shane Phelps for assistance with an assault and battery charge, you can expect a comprehensive and supportive legal process tailored to your specific situation. Here's a brief overview of what to expect:
- Initial Consultation: Your journey with us begins with an initial consultation. During this meeting, your defense attorney will listen carefully to your account of the events leading to the assault charge, gather relevant information, and assess the strengths and weaknesses of your case. This consultation is an opportunity for you to ask questions, discuss your concerns, and gain a clear understanding of your legal options moving forward.
- Legal Representation: If you choose to retain our services, your lawyer will provide you with dedicated legal representation throughout all stages of the process. They will work closely with you to develop a strategic defense tailored to the specifics of your case. This may involve gathering evidence, interviewing witnesses, negotiating with prosecutors, and advocating on your behalf in court.
- Court Proceedings: Depending on the circumstances of your case, court proceedings may involve pre-trial hearings, plea negotiations, and, if necessary, a trial. Throughout this process, your Bryan battery defense lawyer will be by your side, guiding you through each step and vigorously advocating for your rights and best interests.
Potential Outcomes of an Assault and Battery Case
The potential outcomes of your assault case will vary depending on factors such as the severity of the offense, the evidence against you, and any prior criminal history.
Possible outcomes may include dismissal of charges, reduction of charges, plea agreements, or, in the event of a trial, acquittal or conviction. Our legal team will work to pursue the best possible outcome for your case, whether that involves negotiating a favorable plea deal or aggressively defending your innocence in court.
At the Shane Phelps Law, we understand the stress and uncertainty that come with facing criminal charges. We are committed to providing you with compassionate guidance and effective legal representation every step of the way. If you are facing an assault and battery charge in Bryan, Texas, don't hesitate to contact us for experienced and dedicated legal assistance.
Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
If you've been arrested for assault and battery in Bryan, Texas, navigating the legal process can be overwhelming and daunting. At the Law Offices of Shane Phelps, we understand the stress and uncertainty you may be experiencing during this challenging time. Our team of experienced Bryan criminal defense attorneys is here to provide you with the dedicated legal representation and support you need to protect your rights and achieve the best possible outcome for your case.
Don't face assault and battery charges alone. Contact an experienced Bryan battery attorney at Shane Phelps Law today to schedule a confidential consultation. With our knowledge of Texas criminal law and our commitment to advocating for our clients' rights, we work to defend you against the charges you face. Call us at 979-773-7028 or contact us online to request a confidential consultation immediately.
