While both legal and criminal terms are in the same family one lives under the umbrella of the other in Texas. The criminal statute in Texas defines assault as using the threat of violence or acting on the threat with violent behavior. In Texas, there is no such thing as a battery charge standing on its own.
Is your life on hold right now due to an assault or battery charge? Do you understand the legal and criminal definition of what you’ve been charged with or if you’ll be able to get the case dismissed? If you’ve been charged with assault in Texas you better make sure you know the difference between the two as they are quite different but in the same criminal family.
A battery charge is not a separate offense in the Texas Penal Code. Read on so you can discern and understand why each of these legal terms in Texas has very different criminal consequences.
Assault vs Battery
The first thing you need to do if you’ve been charged with assault or battery is to find an experienced and knowledgeable assault lawyer. While you’re researching which criminal attorney to hire, it’s good to know what the criminal definition and punishment range for assault vs. battery. In Texas, the definition of assault depends on precisely what type of assault was committed.
The below lists some examples of assault vs. battery:
- If you punched someone in the nose one time, you might be charged with a Class C misdemeanor of assault
- If you caused someone pain from hitting or injuring them, you could be charged with a bodily injury assault charge and a Class A misdemeanor assault
- You’ll be charged with an aggravated assault if you cause serious bodily injury and if there was a weapon involved
The list of criminal differences and charges in Texas for assault rests on the degrees and levels of the act. Everything from a credible threat of committing violence against someone to harming and injuring someone with serious bodily harm qualifies as assault.
Assault Charge
Many times if a defendant is charged with assault or battery there are different degrees or levels of the offense. If you’re charged with assault there was the threat of causing bodily injury. If you’re charged with battery there was actual bodily contact.
To make matters a bit more complicated in Texas there are many different degrees or levels of assault charges. If you threaten someone you may get a misdemeanor charge and have to pay a fine. If you cause harm to another physically Texas considers that battery underneath the umbrella of assault and you can be given up to a year in jail.
Because the list of degrees and levels of assault are so numerous the cases can become quite complicated from the start. That’s why it’s so essential to have a criminal defense lawyer with the expertise you need in dealing with assault charges in Texas. Once you are arrested you need to be cooperative with police but you don’t have to talk to them or answer any of their questions.
All of the facts of the case can and will come out when you have an attorney present. It is your best defense when facing an assault charge in Texas. You’ve seen enough TV shows to know without an attorney present anything you say can and will be used against you.
Battery Charge
It is Texas Penal Code Section 22.01 that defines assault with battery sliding in underneath the criminal and legal umbrella. That’s because there is no such thing as a battery charge standing on its own. A battery charge is not a separate offense in the Texas Penal Code.
A battery charge is always labeled under the umbrella of assault. Three subsections fall under the criminal and legal definition of assault.
- Causing bodily injury intentionally, knowingly, or recklessly to someone.
- Threatening bodily injury intentionally, knowingly or recklessly to someone
- Having physical contact with someone intentionally or knowingly that is offensive or provocative with someone.
In Texas, within 48 hours of your arrest, you appear before a magistrate or judge. It’s at that time the criminal charges are read, and you receive a bail option in most cases. Even if you post bail successfully and leave jail, you’ll be given the date of your next court appearance.
Aggravated Assault vs Battery
If the assault charge you face is considered an aggravated assault the criminal level or degree of the assault you allegedly committed contained:
- A serious injury that resulted from your assault against another person
- You used a weapon in the commission of the assault against another person
Texas criminal courts and the law take aggravated assault very seriously, and you’re usually looking at a range of third-degree felony up to a first-degree felony. A third-degree felony will give you up to ten years in prison with up to a $10,000 fine. A second-degree felony will get you from two to twenty years in prison and up to a $10,000 fine.
A first-degree felony will give you five years to life in prison plus a fine. The Texas criminal assault and battery laws are written so that this offense is never overlooked or easy to get out of. Only a Texas criminal attorney with a stellar reputation, expertise, and knowledge can help you after being charged with assault and battery.
The Next Step You Take
The next step you take can affect your whole life, so you need to think carefully, assess wisely, and act immediately. Just because there’s no separate battery charge in Texas doesn’t mean your immune from the consequences of it. Remember, when dealing with assault vs battery if you’re in Texas the charge of battery lives under the umbrella of assault charges.
Assault charges in Texas have criminal and civil ramifications, and one of the only chances you have in getting your life back without living in the ramifications every day for the rest of your life is to obtain the services of a stellar criminal defense attorney. It’s the smartest decision you’ll ever make.