Criminal Law · 2024-04-18 · 8 min read · Anthony Robles
What Is Battery in Law? Texas Assault vs. Battery Explained
TL;DR (Quick Summary)
In traditional law, battery is intentional harmful or offensive physical contact; assault is causing fear of that contact. Texas merged both into a single crime: assault under Penal Code §22.01 — causing bodily injury (what other states call battery), threatening imminent injury, or offensive contact. Penalties range from a Class C ticket to a felony, and "family violence" findings carry lifelong consequences.
Battery vs. Assault: The Classic Difference
Historically, assault was putting someone in fear of imminent contact, and battery was the actual harmful or offensive touching. Many states still charge them separately. Texas does not — the Texas Penal Code folded battery-type conduct into the single offense of assault (§22.01).
- Causing bodily injury (classic battery) — Class A misdemeanor baseline
- Threatening imminent bodily injury — Class C
- Offensive or provocative physical contact — Class C
How Texas Punishes It — and the Family Violence Trap
Assault causing bodily injury is a Class A misdemeanor (up to 1 year jail, $4,000 fine). It becomes a felony against family/household members with a prior conviction, by choking (impeding breath — 3rd-degree felony), against public servants, or with serious bodily injury/weapons (aggravated assault, §22.02, 2nd degree).
A family violence finding — even on a misdemeanor — bars firearm possession under federal law, cannot be sealed, can affect immigration status, and destroys the joint-custody presumption in family court (§153.004). Never plead to a family violence charge without counsel. Robles Family Law defends these charges throughout the Permian Basin: (432) 366-6000.
Frequently Asked Questions
Is battery a separate crime in Texas?
No. Texas charges all of it as assault under Penal Code §22.01 — bodily-injury assault covers what other states call battery.
Is simple assault a felony in Texas?
Usually a misdemeanor, but it becomes a felony with a prior family-violence conviction, choking, serious bodily injury, weapons, or protected victims like public servants.
Can a family violence charge affect my divorce or custody?
Yes — a family violence finding removes the presumption of joint custody, can mean supervised visitation, and supports protective orders and disproportionate property division.
Can an assault charge be dropped if the victim recants?
Only the prosecutor can drop it — not the alleged victim. Ector and Midland DAs routinely prosecute recanted cases using 911 calls, photos, and officer testimony. You still need a defense.