Assault and Battery in Texas
The term assault can encompass many different actions that range from misdemeanors to felony charges depending on various circumstances. If you have been charged with assault, it is important to know more about your charge, and why working with an exceptional lawyer is vital.
In Texas, assault is defined as knowingly, intentionally, or recklessly completing a series of specific actions. You could be charged with assault if you:
- Threaten someone with immediate bodily injury
- Cause bodily injury to someone
- Cause bodily harm to someone even though you knew that the action would be considered offensive or provocative
If a police officer witnesses the assault, they could place you under arrest immediately. Otherwise, you may be issued a citation to appear in court or for them to seek a warrant for your arrest. However, if the assault is deemed to be domestic, then police can remove the instigator immediately.
The Difference Between Assault and Battery
Both assault and battery are very similar charges, with a few key differences. Assault occurs if you intentionally or knowingly place another in directly in the way of harmful contact. For example, you could be charged with assault if you threw a punch at someone and missed.
Battery occurs when someone intentionally or knowingly caused harmful contact with another. For example, punching someone and making contact with their body could be considered battery.
Possible Consequences of an Assault or Battery Conviction
Because there are so many different factors involved in assault and battery, the possible punishments can range from a $500 fine to 20 years in prison. Generally, if assault occurred with the use or threat of a deadly weapon, the punishment increases exponentially, and if the assault was attempted but did not cause bodily harm, there is less likelihood of a prison sentence.
How We Can Help
Facing an assault or battery conviction is frightening and stressful, but you don’t have to do it alone. Attorney Ken Gibson wants you to know that there is hope for your case. Our team is ready to work to ensure that you walk away with the best possible outcome for your case. Contact our office today for a free review of your case.