When you’re facing assault and battery charges in Texas, understanding the consequences you can face is critical, as this is considered a serious crime. If you’ve been arrested for this offense, the penalties will depend heavily on the circumstances surrounding your case. As such, it’s imperative to keep reading to familiarize yourself with this offense. Additionally, the following blog explores the potential defenses you and your Houston assault lawyers may be able to utilize to fight for a positive outcome. Keep reading to learn more about these serious matters.
Are Assault and Battery the Same Crime in Texas?
While some states have separate laws for assault and battery, Texas treats this as one general offense due to the similarities between these two offenses. Generally, assault refers to the act of threatening someone with bodily harm, whereas battery occurs when you make physical contact with another person in a provoking or harmful manner. As such, if you are charged with assault and battery in Texas, you’ll face a general “assault” change.
What Are the Penalties for These Offenses?
Because Texas essentially charges two offenses under one general name, the penalties you can face will vary depending on the circumstances surrounding the crime. For example, if you threaten another person with bodily harm or make physical contact of a provoking or offensive nature, with no other factors present, you’ll face a Class C misdemeanor, which warrants a fine of up to $500. However, if you commit assault and battery against a family member, have a prior conviction for similar crimes, and strangulation was an element of the offense, you’ll face a second-degree felony, carrying between two and ten years in prison.
Additionally, aggravated assault charges, which include the aforementioned elements, and serious bodily harm or the use of a weapon during the assault, constitute a first-degree felony charge. This carries the potential for life in prison, with a minimum of five years served.
What Defenses Can I Utilize if Charged?
Generally, one of the most common defenses used by those charged with assault is that they were acting in self-defense. If you can prove that under the Texas laws, which generally are some of the most lenient in the nation, you were acting in defense of yourself, your property, or others, you may be able to evade the charges against you. However, you’ll need to demonstrate that the force you used was reasonable given the circumstances.
Another common defense is that there was a lack of intent. Generally, to hold someone liable for their actions, you’ll need to prove that there was no intent to cause serious harm or injury.
As you can see, defending against these charges is imperative to avoid facing serious consequences. As such, it’s in your best interest to connect with an experienced attorney who can help guide you through these complex matters. At the Sparks Law Firm, we understand how anxiety-inducing these issues are, which is why we will do everything in our power to help fight for the best possible outcome for your circumstances. If you need help, we’re ready to fight for you. Contact us today to learn more.
