Assault vs. Battery: What's the Difference (and What Texas Charges)
📚 TL;DR (Quick Summary)
Traditionally, assault = intentionally causing fear of imminent harmful contact; battery = the actual harmful or offensive contact. Texas abolished the distinction: Penal Code §22.01 defines "assault" to cover BOTH — threatening imminent injury, causing bodily injury (classic battery), and offensive contact. Charges range from Class C (threat/offensive touch) to Class A misdemeanor (bodily injury) to felonies (choking, prior family violence, weapons, serious injury). You can also be sued civilly for assault and battery separately from the criminal case.
1The Classic Distinction — and Texas's Single Statute
In common law and in many states, assault is the threat (raising a fist, lunging) and battery is the contact (the punch landing). Texas rolled both into one offense. Under Penal Code §22.01, a person commits assault by: (1) intentionally, knowingly, or recklessly causing bodily injury; (2) intentionally or knowingly threatening another with imminent bodily injury; or (3) causing physical contact the actor knows the other will find offensive or provocative.
- Threat or offensive contact: Class C misdemeanor (fine up to $500)
- Bodily injury (any physical pain counts): Class A misdemeanor — up to 1 year, $4,000
- Enhancements: family violence priors, choking, public servants, elderly victims → felonies
- Aggravated assault (§22.02): serious bodily injury or deadly weapon — 2nd-degree felony, 1st degree in some family-violence scenarios
2Criminal Charge vs. Civil Lawsuit — and Common Defenses
The State prosecutes the crime; the injured person can also sue you civilly for assault and battery (which remain separate torts in Texas civil law) seeking medical costs, pain, and punitive damages. An acquittal doesn't block the lawsuit — the civil burden is lower.
Defenses in Texas assault cases: self-defense and defense of others (§9.31–9.33 — force must be proportional), consent (mutual combat can be raised in limited cases), lack of the required intent, and fabrication — especially in divorce and custody battles where an assault allegation delivers instant leverage. If the alleged victim is a family or household member, everything escalates: see assault family violence charges. Charged in Ector or Midland County? Call (432) 366-6000.
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?Frequently Asked Questions
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Written by Anthony Robles
Legal expert with over 15 years of experience in family law. Dedicated to helping clients navigate complex legal situations with compassion and expertise.
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