What is assault and battery in Texas?

Assault and battery are both crimes and torts in Texas. This means two things. First, a person can go to jail for committing an assault and battery. Second, the victim can file a claim in court for money damages.

Today, Section 22.01 of the penal code combines assault and battery into one law. As a result, courts call Section 22.01 simple assault. Further, Section 22.01 is important for another reason. Simple assault is the building block for more severe charges.

Finally, assaults and batteries differ on one key fact. Battery requires physical contact between a person and the victim. Assault does not. For example, a person commits common-law assault when he or she puts a victim in instant fear of physical contact.

In other words, a person does not need to touch or hurt the victim to be guilty of common-law assault. In contrast, a person commits common-law battery only when he or she causes harmful or offensive contact with another person.

The table below compares assault and battery.

Texas Penal Code Section 22.01: Simple Assault

Tex. Penal CodeLegal definition of simple assaultCommon Law
Section 22.01(a)(1)A person commits [assault] if the person--intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;Common-law battery
Section 22.01(a)2)A person commits [assault] if the person--intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; orCommon-law assault
Section 22.01(a)(3)A person commits [assault] if the person--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. Common-law battery
Common-law assault and battery are combined in one statute--Tex. Penal Code Section 22.01. This statute lists three different ways to commit simple assault.

What is Aggravated Assault in Texas?

Aggravated assault is simple assault plus two extra facts. Section 22.02 lists these two factors.

The first factor is causing serious bodily injury. The second factor is using or showing a deadly weapon. If a person commits simple assault with one of these facts, then simple assault becomes an aggravated assault. The table below shows how these two facts work.

Tex. Pen. CodeLegal Definitions of Aggravated Assault
22.02(a)(1)A person commits an offense if the person commits [simple assault] and the person causes serious bodily injury to another, including the person's spouse; or
22.02(a)(2)A person commits an offense if the person commits [simple assault] and the person uses or exhibits a deadly weapon during the commission of the assault.

Assault and Family Violence Crimes in San Antonio.

In Texas, family violence includes pushing, hitting, or slapping a family member. This is a simple misdemeanor assault. But simple assault becomes a third-degree felony if the person chokes a family member. In addition, these cases cause extra problems.

Family violence cases can lead to protective orders. These protective orders ban a person from going near the victim. It can also lead to “kick out” orders. “Kick out” orders remove a person from the home. Finally, these cases can ban a person from possessing a firearm. This can lead to gun charges if a person violates the orders.

In short, simple assaults become more complicated if the victim is a family member.

How much jail time will I get for an Assault or Battery in Texas?

The table below lists the punishment ranges for common Texas assault and battery crimes.

Nonetheless, the punishment ranges may increase if the person is a repeat offender or if the victim is especially vulnerable.

For example, a misdemeanor assault can increase from a Class C punishment to a Class A punishment if the victim is either an elderly or disabled person.

Tex. Pen. CodeChargeTypeJail TimeFine
22.01 (a)(1).Assault-Bodily Injury.

[Common-law battery]
Class A MisdemeanorUp to 1 year in jail.Up to a $ 4,000.00 fine.
22.01 (a)(2).Assault-threatening imminent bodily injury.

[Common-law assault]
Class CN/AUp to a $ 500.00 fine.
22.01 (a)(3).Assault-offensive or provocative physical contact.

[Common-law battery]
Class CN/AUp to a $ 500.00 fine.
22.01 (a)(1) & (b)(2)(B).Assault-choking or strangling a family member, spouse, or partner.Third Degree Felony2-10 years in prison.Up to a $ 10,000.00 fine.
22.02 (a)(1).Aggravated Assault-serious bodily injury.Second Degree Felony2-20 years in prison.Up to a $ 10,000.00 fine.
22.02 (a)(2).Aggravated Assault-using or exhibiting a deadly weapon.Second Degree Felony2-20 years in prison.Up to a $ 10,000.00 fine.

San Antonio Assault and Battery Criminal Defense.

Simple Assault covers a wide range of conduct. This includes pushing, shoving, or hitting another person. These are misdemeanor crimes. However, they become felonies if the person uses a deadly weapon, chokes a spouse, or causes serious bodily injury.

Moreover, these crimes all have the same or similar elements. They all require criminal intent and an act. If the government can not show either intent or an act, then the person is not guilty of assault. Also, in many cases, you can raise a self-defense claim.

In sum, the defense strategy will depend on the facts of your case.

Criminal Defense Attorney Genaro R. Cortez.

Questions about your assault charge? Call 210-733-7575 for a free case consult.