In Texas, battery falls under the umbrella of “assault” and is treated as a serious criminal offense. While many states separate “battery” from “assault,” Texas law combines them, meaning that any form of harmful physical contact with another person, without their consent, can lead to assault charges. Penalties for battery can vary significantly depending on the circumstances of the case. The seriousness of the charge, the harm done to the victim, and whether it is a first offense or a repeat crime all factor into the potential consequences. Read this blog and reach out to a seasoned Dallas battery lawyer from our firm to learn more about these penalties and how our firm can help. Here are some of the questions you may have:
What is Considered Battery Under Texas Law?
To better understand the penalties for battery, it’s important to define what qualifies as such under Texas law. Battery, or assault as it’s referred to legally, is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. It can also include making threats that put someone in fear of imminent harm or making physical contact that would reasonably be seen as offensive or provocative.
For instance, if someone gets into a fight and punches another individual, causing visible injury, this could result in assault charges. However, the law also covers situations where there may not be visible harm. Even touching someone in a way that is deemed inappropriate, without causing physical injury, can still lead to charges.
What Are the Different Levels of Battery Charges in Texas?
Battery in Texas can be classified as either a misdemeanor or a felony, depending on various factors. A simple assault charge, which involves minor injuries or offensive contact, is generally classified as a Class A misdemeanor. The penalties for this include up to a year in county jail and a fine of up to $4,000. If the individual charged has a previous criminal record, particularly for similar offenses, the consequences can become more severe.
More serious charges come into play if there are aggravating circumstances. Aggravated assault, a felony offense, involves causing serious bodily harm or using a deadly weapon during the act. This can lead to second-degree felony charges, which carry penalties ranging from two to 20 years in prison and up to $10,000 in fines. In certain extreme cases, such as repeat offenses or assaults against specific protected individuals like law enforcement officers, the charges can escalate to a first-degree felony, carrying life-altering consequences.
What Are Some of the Best Defenses Against These Charges?
If you or a loved one is facing battery charges in Texas, it’s essential to understand that there are potential defenses available, but these will depend heavily on the specifics of the case. Self-defense is one of the most commonly used defenses in assault cases. If the accused can prove that they were acting to protect themselves from harm, the charges may be reduced or dismissed altogether.
In other situations, lack of intent could serve as a defense. The law requires that the individual intended to cause harm or acted recklessly. If the accused can demonstrate that the harm was accidental or that there was no reckless behavior involved, the charges may not stand. Additionally, misunderstandings and false accusations can occur, particularly in cases involving personal relationships, making it all the more critical for individuals facing such charges to seek experienced legal counsel.
