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.

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  • Both Charges Dismissed 2 Counts of Aggravated Assault
  • Dismissed Aggravated Assault w/Deadly Weapon (2nd Degree)
  • Reduced to Class A Misdemeanor Assault Aggravated Assault w/Deadly Weapon/Bottle (2nd Degree)
  • No Billed by Grand Jury Aggravated Assault w/Deadly Weapon/Bottle (2nd Degree)
  • Refused After Our Investigation Aggravated Assault w/Deadly Weapon/firearm (2nd Degree)

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