When people hear the phrase assault and battery, they often assume it’s a single crime. In reality, the two terms represent distinct legal concepts that vary by jurisdiction but are frequently charged together. Knowing the difference between assault and battery is essential because each carries unique legal definitions, penalties, and defenses.
If you or someone you know faces charges of assault or battery, understanding these differences is the first step toward protecting your rights. This blog breaks down what is assault and battery, common examples, penalties, and how an experienced Houston criminal defense attorney can help build a strong defense and protect your future.
What Is Assault?
Assault doesn’t always involve physical harm. It is legally defined as the intentional threat or attempt to cause harm, creating a reasonable fear of imminent injury in the victim. Even if no physical contact occurs, a person can still be charged with assault.
Examples of assault include:
- Raising a fist as if to hit someone.
- Pointing a weapon, like a gun or knife, without using it.
- Verbal threats paired with aggressive movements.
In Texas, assault charges are divided into:
- Simple Assault: Involving threats or minor contact.
- Aggravated Assault: Involving serious injury or use of a deadly weapon.
What Is Battery?
Battery requires physical contact. It happens when a person intentionally makes harmful or offensive contact with another person without consent. Injury is not always necessary, even unwanted or offensive touching may qualify as battery.
Examples include:
- Punching or kicking.
- Pushing someone aggressively.
- Spitting on another person.
Types of battery charges include:
- Simple Battery: Minimal harm or offensive touching.
- Aggravated Battery: Severe bodily injury, permanent disfigurement, or use of a weapon.
Assault vs Battery: Key Legal Differences
The difference between assault and battery is straightforward:
- Assault = Threat of harm (causing fear of injury).
- Battery = Actual harm or unwanted physical contact.
If someone threatens to hit another person (assault) and then follows through with a punch (battery), they can face assault and battery charges.
Common Examples of Assault and Battery
- Assault Only: Waving a knife at someone without making contact.
- Battery Only: Sneaking up and shoving someone without warning.
- Assault and Battery: Threatening someone in a bar fight, then hitting them.
These scenarios show how the crimes differ yet often overlap.
Penalties for Assault and Battery in Texas
Penalties vary based on the severity of the crime, the circumstances, and whether aggravating factors (like weapons or serious injury) are involved.
Penalties for Assault in Texas
- Class C Misdemeanor (threatening harm without contact): Fine up to $500.
- Class A Misdemeanor (causing bodily injury): Up to 1 year in jail and fines up to $4,000.
- Third-Degree Felony (assaulting certain professionals like police officers or causing serious injury): 2–10 years in prison and fines up to $10,000.
- Second-Degree Felony (aggravated assault with a deadly weapon): 2–20 years in prison and fines up to $10,000.
Penalties for Battery in Texas
(Note: Texas law often combines “assault” and “battery” under assault statutes, but in jurisdictions where battery is separate, penalties look similar.)
- Simple Battery: Often treated as a misdemeanor, up to 1 year in jail and fines up to $4,000.
- Aggravated Battery: Felony charge, 2–20 years in prison, and fines up to $10,000.
- Enhanced Penalties: If the victim is elderly, disabled, or a public servant, penalties are more severe.
Beyond prison and fines, convictions can lead to:
- Restraining orders.
- Loss of firearm rights.
- Permanent criminal records.
- Difficulty finding employment or housing.
Defenses Against Assault and Battery Charges
Being accused of assault and battery can feel overwhelming, but not every accusation leads to a conviction. The law recognizes several valid defenses that may apply depending on the circumstances. An experienced criminal defense attorney can carefully examine the facts, challenge the prosecution’s evidence, and argue for dismissal or reduction of charges. Below are the most common defenses in assault and battery cases:
Self-Defense
One of the most common defenses is that the defendant acted in self-defense. The law allows individuals to use reasonable force to protect themselves when they are threatened with imminent harm. However, the amount of force used must be proportionate to the threat. For example, if someone swung at you with their fist and you responded with similar force to stop them, this could be considered justified. On the other hand, using deadly force against a minor threat may not hold up in court. Proving self-defense often involves witness testimony, medical records, or even video evidence.
Defense of Others
Similar to self-defense, this defense applies when a person uses force to protect someone else from harm. For instance, if you witnessed a stranger being attacked and stepped in to stop the assault, your actions may be legally justified. Courts generally apply the same rules as self-defense: the perceived threat must be immediate, and the level of force used must be reasonable. A skilled defense lawyer can argue that your actions were necessary to prevent greater harm, protecting both you and the person you intervened for.
Consent
In some cases, physical contact occurs with the consent of both parties, making an assault or battery charge invalid. This defense is common in situations involving sports, competitions, or mutual fights, where both individuals agreed to the contact. For example, tackling during a football game or sparring in martial arts is not considered assault because participants agreed to the physical interaction. However, consent has limits, serious injuries or actions outside the agreed-upon activity may not be excused.
Lack of Intent
For a battery conviction, the prosecution must prove that the defendant intentionally made harmful or offensive contact. If the incident was purely accidental, then it does not meet the legal definition of battery. For example, bumping into someone in a crowded place and causing them to fall is not a crime if it was unintentional. Similarly, words alone, without intent to cause fear or harm, may not be enough to sustain an assault charge. A defense lawyer can use evidence, such as witness accounts or accident reports, to show that no criminal intent existed.
Consult an Experienced Assault Attorney in Houston
Being charged with assault in Houston can have serious consequences, including criminal penalties, fines, and long-term effects on your personal and professional life. Prosecutors often act quickly, and without experienced legal representation, you risk harsh outcomes.
At Juan L. Guerra, Jr. & Associates (JLG Law), we thoroughly investigate every detail of your case, gather critical evidence, challenge the prosecution’s claims, and defend your rights aggressively.
We offer a free, confidential consultation to review your case and explain your options. Whether your charge involves simple assault, aggravated assault, domestic violence, or related offenses, we develop a defense strategy tailored to your situation. From negotiating reduced charges to going to trial if necessary, our mission is to protect your freedom, safeguard your record, and provide a skilled Houston assault lawyer in your corner.