People often use the terms assault and battery interchangeably or together as one phrase without really understanding that each is a separate crime. In Texas, assault and battery are considered two different and distinct criminal charges.
In Texas, assault and battery are considered two different and distinct criminal charges.
Texas does not have a charge specifically for the crime of battery. Instead, battery is charged as a more serious form of assault. Battery can be charged when bodily contact results in injury. However, the definition of bodily injury in Texas is extremely broad as it is defined as almost anything that causes pain.
Regardless of whether your alleged crime is an assault or battery, the elements necessary to beat an assault charge will be the same. There are, however, several different degrees of assault, the severity of which depends upon the nature of the attack. The more serious the assault (or battery), the more serious the assault charge and the harsher the corresponding punishment.
Assault and Battery Attorney
If you are arrested for assault, it is important to understand whether your charges indicate an actual battery or a more minor assault offense.
The best way to do this is to get in touch with an experienced assault and battery attorney as early in the process as possible. Our experienced assault and battery lawyers can ensure your rights are protected and may even be able to get your case dismissed, or the charges otherwise reduced and your criminal record expunged entirely. Contact the assault attorneys at J.D. Silva today to discuss your legal options.