Frisco Assault Defense Attorney

What is the Difference Between Assault and Battery in Texas?

“Assault and battery” is a phrase we hear regularly on the news, in movies, and in everyday life. Despite being so common, few people know the precise legal definition. In fact, while “assault” and “battery” are often grouped, they usually refer to two separate crimes. In some instances, a person may even only be charged with either assault or battery.

Assault, in such jurisdictions, generally describes the offense of attempting to harm or threatening to harm another person, while battery is the offense of making physical contact that is either harmful or provocative. Essentially, in such jurisdictions, “assault” is a verbal component and “battery” is a physical component. However, this is not the case in Texas.

Under Texas law, “battery” does not exist as a separate offense. Crimes that would normally be classified as battery in other states all fall under the “assault” umbrella in Texas. For anyone who has ever lived in another state or who is familiar with assault and battery laws, this can become confusing. It can become especially confusing for someone if they do not make physical contact with another person but are still arrested for assault. This is more common than you may think.

Because threatening someone with violence falls under Texas assault laws, you can find yourself facing criminal conviction more easily than you might have thought. That’s why if you or a loved one has been arrested for assault, contact one of our firm’s experienced defense attorneys. One of our assault lawyers may be the only thing standing between you and a lengthy prison sentence.

What Counts as Assault in Texas?

Assault is defined under Section 22.01 of the Texas Penal Code. Per the Penal Code, an individual commits assault if they:

Knowingly or Recklessly Cause Bodily Harm to Another Person
Intentionally or Knowingly Threaten Another Person
Intentionally or Knowingly Makes Physical Contact of a Provocative or Offensive Nature with Another Person

Again, it’s important to note that, under Texas law, you do not have to actually harm or even touch another person to be charged with assault. Even saying “I’ll kick your ass” or “I’ll kill you” could be enough to arrest you for and charge you with assault. Similarly, even attempting to make physical contact with another person can lead to assault charges. For example, if you tried to punch someone, took a swing, and missed, you can still be arrested for assault. The same is true if you shoved another person during an argument or even made light physical contact, such as a poke or slap. Essentially, both your actions and your words can lead to assault charges.

Everyone says things they don’t mean in the heat of an argument or when they’re in a bad mood. This does not mean most people intend to follow through on their threats. Most of the time, people are just “blowing off steam.” Depending on the circumstances, blowing off that steam can lead to an arrest. That’s why it’s crucial to immediately contact an experienced defense attorney if you have been arrested for assault in Texas.

What are Simple and Aggravated Assault?

Texas divides assault into two types: simple and aggravated.

Simple assault is defined as threatening or causing bodily injury. Simple assaults are considered misdemeanor offenses.

Aggravated assault is a more serious criminal offense. Aggravated assault involves causing serious bodily injury to another person. Someone can also be tried with aggravated assault if they used a deadly weapon during the crime. For example, if you threatened someone with harm, you would probably be charged with simple assault. However, if you threatened someone with harm while pointing a gun at them, you may be charged with aggravated assault. Similarly, if you slapped someone during an argument, you may be facing simple assault charges, while if you punched them in the face or knocked them to the ground, you may be charged with aggravated assault.

Whether you will be charged with simple or aggravated assault depends on a variety of factors and is often determined on a case-by-case basis. An experienced assault defense attorney can review your case and help you understand the charges you are facing, and potentially have them reduced or even dropped entirely.

What are the Penalties for Assault?

Texas law affords judges a wide range of options when sentencing in assault cases. Your potential penalty will depend on the charges you are facing as well as the precise circumstances of your case.

Simple assaults are generally prosecuted as either Class C or Class A misdemeanors. In many instances, Class C misdemeanors are for threats, while Class A misdemeanors are for assaults involving physical contact. A Class C misdemeanor is punishable by a $500 fine. A Class A misdemeanor is considered more severe and is one of the most “serious” misdemeanors a person can be charged with. Someone convicted of a Class A misdemeanor faces up to a year in jail and a $4,000 fine. While this may not seem like a lot, most people cannot afford to put their lives on hold for a year and go to jail. Even one year in jail can mean the loss of a job, vehicle, and home.

Aggravated assault is a felony. Depending on the circumstances of the case, it is usually tried as either a second- or first-degree felony. Most aggravated assaults are tried as second-degree felonies. In Texas, a second-degree felony is punishable by between 2 and 20 years in prison and a $10,000 fine.

In some situations, a person charged with assault may face first-degree felony aggravated assault charges. First-degree felony aggravated assault charges usually stem from exceptional circumstances, such as the assault being gang-related, if the assault involved a domestic partner, or if the target was a public official or servant, such as a police officer, government official, or paramedic. You may also face a first-degree felony charge based on the extent of any injuries sustained by the alleged victim. The penalty for first-degree felony aggravated assault is between five years and life in prison, and a $10,000 fine. This means an assault conviction could mean the end of your life as you know it. That’s why if you or a loved one has been arrested for assault in Texas, contact one of the experienced attorneys at our firm to ensure a favorable outcome.

What Should I Do if I’ve Been Arrested for Assault?

Texas takes assault seriously. Around 100,000 people are arrested every year for aggravated assault alone. Prosecutors and judges have no problem with bolstering the state’s “tough on crime” reputation with aggressive cases and harsh sentences for felony convictions. That’s why, if you or a loved one has been arrested for assault, choosing the right defense attorney is key. It’s essential to choose a lawyer who is committed to protecting your rights and your best interests, no matter what challenges may arise.

The attorneys at the Law Offices of Biederman & Burleson P.L.L.C. have a combined 40 years of experience in criminal defense. In fact, they’re so well-versed in Texas defense law that other attorneys regularly consult them. Our team handles all types of assault and assault-related charges, including but not necessarily limited to:

Our attorneys Troy Burleson and Hunter Biederman recognize that there’s no such thing as a “minor” assault charge. Even a Class C misdemeanor charge can result in a year in jail and thousands of dollars in fines. A conviction for felony assault can mean years in prison and a criminal record that follows you for the rest of your life. Don’t let a heated moment or out-of-hand argument spell the end of your freedom. At Biederman & Burleson, P.L.L.C., we believe a proactive, strong defense works best. That means we’ll immediately get to work for you, investigating the circumstances of your case and building an aggressive defense that takes the fight to the prosecutor. In many instances, we can even reduce or have charges entirely dropped before a trial.

Everyone “jumps hot” or says things they don’t mean. Don’t let an overzealous court system send you to jail. If you or a loved one has been arrested in Texas, don’t hesitate to contact our firm at (469) 517-3364 to schedule your free consultation. We serve clients in Frisco, McKinney, Denton, Little Elm, The Colony, Allen, Fairview, Prosper, Denton County, Dallas County, Collin County, and the surrounding areas. A call to us today could secure your freedom tomorrow.