Understanding Assault and Battery Charges in Texas
Facing assault and battery charges in Texas can be overwhelming. Knowing the distinctions between these charges and the defenses available can help you navigate the legal process. This guide breaks down the key elements of assault and battery under Texas law and explores strategies for building a strong defense.
What Are Assault and Battery Charges in Texas
In Texas, the law combines assault and battery under the term “assault,” focusing on both threats and physical contact.
Assault by Threat or Fear
This occurs when someone intentionally or knowingly threatens another with imminent bodily injury. Physical contact is not necessary for charges to be filed.
Assault by Physical Contact
This involves causing physical harm or offensive contact. Examples include striking someone or making unwanted contact in a confrontational manner.
Penalties for Assault in Texas
Assault charges vary based on the severity of the act, the relationship between the parties involved, and any prior criminal history.
- Class C Misdemeanor: Threatening someone without physical harm; punishable by fines up to $500.
- Class A Misdemeanor: Causing physical harm; punishable by up to one year in jail and a $4,000 fine.
- Third-Degree Felony: Assault involving family violence or against a public servant; punishable by 2–10 years in prison.
- Second-Degree Felony: Aggravated assault causing serious bodily injury or involving the use of a deadly weapon; punishable by 2–20 years in prison.
Defenses to Assault and Battery Charges in Texas
Several defenses may apply to assault charges, depending on the circumstances. Common defenses include:
- Self-Defense: Proving that you acted to protect yourself from harm.
- Defense of Others: Demonstrating that your actions were intended to protect another person from harm.
- Consent: Showing that the other party consented to the physical contact, such as in sports settings.
- Mistaken Identity: Arguing that you were not the person who committed the alleged act.
- Lack of Intent: Proving that your actions were accidental and lacked intent to harm.
How to Handle Assault Charges
If you face assault charges in Texas, it’s crucial to act quickly:
- Stay Silent: Avoid making statements to law enforcement without an attorney present.
- Consult an Attorney: Hire a criminal defense lawyer experienced in assault cases.
- Gather Evidence: Collect any information, such as witness statements or video footage, that may support your defense.
- Attend All Hearings: Failing to appear can lead to additional charges or penalties.
Why Legal Representation Matters
A skilled attorney can review the evidence, identify flaws in the prosecution’s case, and develop a robust defense strategy. They can also negotiate for reduced charges or alternative sentencing, such as anger management classes or community service, to help protect your record and future.
At Villalobos Law Firm, we understand the complexities of assault and battery cases in Texas. Our experienced attorneys are dedicated to protecting your rights, building a strong defense, and achieving the best possible outcome for your case. Contact us today for a consultation.
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