Assault vs Battery in Texas: What’s the Difference?

In the realm of criminal law, terminology matters. While the terms "assault" and "battery" are often used interchangeably in everyday conversation, legally, they have very different meanings that vary from state to state, and in most states, they’re actually separate offenses. So, what is the difference between assault vs battery in Texas?

We’ll tell you up top that Texas doesn’t have an official charge for battery, and instead uses a multi-tiered assault charge that can increase in severity depending on the circumstances of the assault crime.

Knowing how assault charges work in Texas is still more-than worthwhile, so keep reading to find out all about it. Or, if you or a loved one has been charged with assault and needs defense, call the Austin assault lawyers at Smith & Vinson today at 512-368-9044 to mount an aggressive defense and protect your rights.

How does assault differ from battery outside of Texas?

In many states across the U.S., assault and battery are treated as separate offenses with distinct elements:

• Traditional assault. Historically defined as an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact. Assault is essentially creating the fear of being harmed, which could involve threatening gestures, verbal threats accompanied by apparent ability to carry them out, or any action that would cause a reasonable person to fear immediate physical harm.
• Traditional battery. Battery generally refers to the actual harmful or offensive physical contact. You can think of battery as the completion of the threatened harm — the actual touching or striking of another person without legal justification.

To illustrate the difference: pointing a weapon at someone and threatening to shoot would traditionally constitute assault, while actually pulling the trigger and causing injury would constitute battery.

While this is not how assault and battery work in Texas, this distinction is an important concept because it recognizes that causing fear of harm is itself harmful and worthy of legal prohibition, even if no physical contact occurs.

Assault vs battery in Texas

Texas takes a different approach to many other states. In Texas law, there is technically no separate crime called "battery." Instead, Texas has consolidated both concepts under the single crime of assault in its legal code.

Under Texas Penal Code § 22 an assault occurs when a person:

1. Intentionally, knowingly, or recklessly causes bodily injury to another (what might be called battery in other states);
2. Intentionally or knowingly threatens another with imminent bodily injury (what might be called assault in other states); or
3. Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

This means that in Texas, both threatening harm and actually causing harm are prosecuted under the same statutory offense of assault, but the consolidation of these offenses under one term doesn't mean Texas treats all forms of assault the same way. The Texas Penal Code creates different levels of assault offenses with varying penalties depending on factors like the severity of injury, who the alleged victim of assault is, and whether weapons are used.

What is the lowest level of assault?

The lowest level of assault in Texas is Class C misdemeanor simple assault, which occurs when a person intentionally or knowingly causes physical contact with another that the person knows or should reasonably believe the other will find offensive or provocative. Misdemeanor simple assault does not require actual physical injury, or even physical contact, at all.

Examples might include:

• Poking someone in the chest during an argument
• Spitting on another person
• Unwanted touching that doesn't cause pain or injury but is considered offensive

This lowest-level assault is punishable by a fine not to exceed $500 and does not include jail time. It can, however, still create a criminal record that could have long-term consequences and serve as a prior offense to enhance any future offenses. You can also be charged with Class B misdemeanor assault, as well as Class A misdemeanor assault, if you cause actual bodily injury to another person.

Assault vs battery vs harassment

Okay, so we’ve discussed how assault and battery differ in Texas, but how does harassment figure into the picture? Is it also an assault offense? Under Texas Penal Code § 42, harassment is defined as actions intended to harass, annoy, alarm, abuse, torment, or embarrass another.

This can include:

• Obscene communications
• Threatening communications
• False reports
• Repeated phone calls or electronic communications
• Sending repeated electronic communications in a manner likely to harass, annoy, alarm, abuse, torment, embarrass, or offend

The major differences between assault and harassment are:

• Intent. Assault requires intent to threaten or cause harm, while harassment involves intent to annoy, alarm, embarrass, etc.
• Nature of conduct. Assault generally involves threatened or actual physical harm, while harassment often involves communication patterns.
• Severity. Assault is generally treated as a more serious offense, particularly when bodily injury occurs.

Assault vs aggravated assault

Texas law further distinguishes between simple assault and aggravated assault. Within Texas’ tiered assault crime system, aggravated assault is the most severe type of charge, and comes with significantly harsher penalties.

Assault becomes aggravated assault when a person:

1. Causes serious bodily injury to another person;
2. Commits an assault crime against a protected class; or
3. Uses or exhibits a deadly weapon during the commission of the assault.

There are a few important definitions to go over related to aggravated assault.

• “Serious bodily injury” is defined as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
• A “deadly weapon” can be anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. This includes firearms, knives, clubs, and even objects not designed as weapons but used in a way that could cause serious injury or death, like vehicles or heavy objects.
• “Some protected classes,” for the purposes of assault crime sentencing, are public servants, law enforcement officers, emergency workers, some family members*, and disabled or elderly persons.

*Read more about the Texas domestic violence laws

Penalties for assault in Texas

The penalties for assault in Texas vary significantly based on the specific circumstances of the assault crime, your criminal history, and the classification of the offense. As you can see, potential charges run the gamut from Class C misdemeanors all the way to first-degree felonies.

These penalties are incredibly steep, but hidden additional consequences associated with even low-level assault charges can often be just as damaging. Even misdemeanor assault can see the accused dealing with protective orders, loss of constitutional rights, impact on custody arrangements, and difficulty obtaining housing and employment — which is why working with an attorney who knows how to beat an assault charge in Texas is so important for anyone facing charges.

Defenses to assault charges in Texas

While the right defense for your case will depend entirely upon the circumstances of your alleged crime, there are a number of defenses available that your assault attorneys may use to protect your rights.

• Self-defense. Perhaps the most common defense to assault charges, Texas law recognizes the right of individuals to defend themselves from threats or attacks. You are justified in using force against another if you reasonably believe the force is immediately necessary to protect against another’s use or attempted use of unlawful force.
• Defense of others. Similar to self-defense, Texas law permits the use of force to protect a third person if the defender reasonably believes intervention is immediately necessary to protect the third person.
• Lack of intent. Since assault requires intentional, knowing, or reckless conduct, showing that the contact was entirely accidental or unintentional can constitute a solid defense.
• Mistaken identity. Because assault crimes often occur in confusing situations, it is often that the police arrest first and ask questions later, often charging the wrong person for a crime.
• Insufficient evidence. The prosecution must prove all elements of the offense beyond a reasonable doubt. Challenging the evidence, witness credibility, or the chain of custody of physical evidence may undermine the state's case.

Facing assault charges in Texas? Smith & Vinson are ready to come to your defense.

Now that you know the difference between assault vs battery in Texas, it’s time to hire defense. At Smith & Vinson, we understand the impact that assault accusations can have on your life, family, and future — and are here to defend your life.

Whether you’re looking for lawyers for family violence or Austin aggravated assault lawyers to stand in the way of felony charges, the attorneys at Smith & Vinson have a history of providing winning defense.

Don’t wait until it’s too late. Call the Austin criminal lawyers at Smith & Vinson today at 512-368-9044 or contact us online for a free consultation. Our dedicated team is standing by to provide the aggressive representation you need during this challenging time.

*Read more about the Texas domestic violence laws

More Helpful Articles by Smith & Vinson:

• Should I Accept a Plea Bargain?
• How Does Expunction Work in Texas?
• When To Call a Criminal Defense Lawyer
• Are All Violent Crimes Felonies?
• Is Threatening Someone Illegal?