Best Assault & Battery Lawyers in Texas

About Assault & Battery Law in Texas, United States

Assault and battery are serious criminal offenses in Texas, often grouped together but are legally distinct. In Texas, "assault" generally refers to intentionally or knowingly causing bodily injury to another, threatening another with imminent bodily injury, or causing physical contact that a reasonable person would regard as offensive or provocative. Unlike some other states, Texas does not specifically use the term "battery" - what might be called battery elsewhere is included under assault charges. These offenses can arise from incidents ranging from bar fights and domestic disputes to incidents involving law enforcement.

Why You May Need a Lawyer

Legal representation is critical if you are involved in an assault case in Texas, either as a defendant or as a victim seeking justice. Common situations where people seek legal help include:

• Being arrested or charged with assault after a fight or altercation
• Facing accusations of domestic violence
• Being involved in workplace incidents resulting in alleged assault injuries
• Having been the victim of a physical attack and wishing to press charges or seek compensation
• Navigating protective orders or restraining orders related to alleged threats or violence
• Dealing with self-defense or defense of others claims

Lawyers help ensure your rights are protected, explain the charges and possible defenses, negotiate with prosecutors, and represent you in court. For victims, lawyers provide guidance on reporting crimes, obtaining protective orders, and pursuing civil remedies.

Local Laws Overview

Texas assault laws can be found in the Texas Penal Code, primarily under Chapter 22. Assault charges are divided into several categories, depending on the severity of the act and the relationship between the parties involved:

• Simple Assault - Causing bodily injury, threatening imminent harm, or offensive contact; can be charged as a Class C, B, or A misdemeanor depending on the circumstances.
• Aggravated Assault - Involves causing serious bodily injury or using/exhibiting a deadly weapon; typically charged as a felony.
• Family Violence/Domestic Assault - Assault involving family members or romantic partners can lead to enhanced penalties and additional legal consequences, such as protective orders.
• Assault Against Special Victims - Assault against public servants, emergency personnel, security officers, or the elderly can result in upgraded charges and heavier penalties.

Possible penalties range from fines to lengthy jail or prison sentences, depending on the charge level and case specifics. Convictions can affect employment, housing, gun rights, and more.

Frequently Asked Questions

What is the difference between assault and battery in Texas?

In Texas, the criminal code does not distinguish between assault and battery. All acts that might be considered battery in other states, such as unwanted physical contact causing harm, are prosecuted as forms of assault.

What are the penalties for assault in Texas?

Penalties depend on the circumstances. Simple assault can be a Class C misdemeanor, punishable by a fine up to $500, but can increase to a Class A misdemeanor or even a felony with possible jail time if certain factors are present. Aggravated assault is usually a second-degree felony, with penalties up to 20 years in prison and fines as high as $10,000.

What is considered "bodily injury" under Texas law?

Bodily injury in Texas law means physical pain, illness, or any impairment of physical condition. Visible injuries are not required - even minor pain or discomfort can meet the legal standard.

Can I claim self-defense if I am charged with assault?

Yes, self-defense is a recognized legal defense in Texas. You must reasonably believe that force was immediately necessary to protect yourself from harm. The law also covers defense of others in imminent danger.

Do assault charges always require physical contact?

No. Threatening someone with imminent bodily injury without actual contact can still be prosecuted as assault in Texas. Offensive or provocative contact may also be sufficient for certain misdemeanor charges.

What should I do if I am falsely accused of assault?

Contact a qualified criminal defense attorney immediately. Avoid discussing the case with police or the alleged victim without your lawyer. Gather any evidence or witness information that supports your account.

Can a victim drop assault charges in Texas?

While a victim can express the desire to drop charges, the decision to prosecute rests with the district attorney. The state may pursue the case even if the alleged victim withdraws support.

Will an assault conviction stay on my record?

Yes, unless you receive a deferred adjudication and successfully complete all requirements, or qualify for expungement or non-disclosure in limited circumstances. A conviction can have long-term consequences.

Are there alternative sentences to jail or prison for assault in Texas?

First-time offenders or those facing minor charges may qualify for probation, deferred adjudication, anger management, community service, or counseling, depending on the case specifics and judicial discretion.

Is assault ever charged as a federal crime?

Most assault cases in Texas are prosecuted under state law, but assault can be charged federally if it occurs on federal property or involves federal officers.

Additional Resources

• Texas Department of Public Safety (DPS) - Provides victim support and public safety information.
• Texas Legal Services Center - Offers legal help and advice for low-income Texans.
• Texas State Bar Lawyer Referral Service - Connects individuals with qualified attorneys.
• Texas Advocacy Project - Specializes in legal resources for victims of domestic violence and assault.
• Local county District Attorney's Office - Provides information about the criminal process and victims' rights.
• Texas Council on Family Violence - Support and resources for those affected by family or domestic violence.

Next Steps

If you are facing assault charges or are a victim of assault in Texas, consider the following steps:

• Consult with a qualified criminal defense or personal injury attorney as soon as possible to understand your legal rights and options.
• Gather any documentation or evidence related to the incident, such as medical records, photographs, police reports, and witness contact information.
• Refrain from discussing the incident with others, especially law enforcement, before speaking with your attorney.
• If you feel unsafe, seek immediate protection from law enforcement and explore protective order options.
• Take advantage of available support services, such as counseling or victim advocacy programs, as needed.

Navigating assault and battery cases can be complex and stressful. With timely legal guidance, you can protect your rights and make informed decisions about your situation.