{"id":376570,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-assault-and-battery-laws.html"},"modified":"2018-03-29T14:49:00","modified_gmt":"2018-03-29T19:49:00","slug":"texas-assault-and-battery-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-assault-and-battery-laws.html","title":{"rendered":"Texas Assault and Battery Laws"},"content":{"rendered":"\n
\n \n
\n

Texas Assault and Battery Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Many states treat assault and battery<\/a> as two separate crimes, whereas some treat them as the same. The reason for this is because the offenses are very closely linked: "assault" occurs when someone threatens another with imminent bodily injury, while "battery" refers to actual bodily contact (either offensive or injurious in nature). Assault and battery also are considered intentional torts<\/a>, which means you can sue someone for these actions in a civil court to get compensated for your injuries.<\/p>\r\n

In Texas, the elements for a case against a defendant for assault and battery are the same, although there are many different classifications for different degrees of the offense (charged as "assault" even if battery does occur). For example, threatening someone with bodily harm in Texas may just result in a fine, while causing bodily harm against someone (typically charged as "battery" in other states) can land you in jail for up to one year.<\/p>\r\n

The following provides an overview of Texas assault and battery laws, charged collectively as just "assault."<\/p>\r\n

Texas Assault and Battery Laws at a Glance<\/h2>\r\n\r\n
Statute<\/b><\/td>\r\nTexas Penal Code \u00a7 22.01<\/a>, et seq.<\/td>\r\n<\/tr>
Statutory Definition of Assault<\/b><\/td>\r\n

A person commits an offense if the person:<\/p>\r\n

    \r\n
  1. Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;<\/li>\r\n
  2. Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or<\/li>\r\n
  3. Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Classifications of the Offense<\/b><\/td>\r\n

Class C misdemeanor<\/b><\/i> if a person threatens another with bodily harm or causes physical contact in a provocative or offensive way, and no other aggravating factors are present.<\/p>\r\n

Class B misdemeanor<\/i><\/b> if a person commits assault against someone who is a sports participant during a performance or in retaliation for a performance.<\/p>\r\n

Class A misdemeanor<\/i><\/b> if a person causes bodily injury to another, and no other aggravating factors are present; or if a person causes physical contact in a provocative or offensive way against an elderly individual.<\/p>\r\n

3rd degree felony<\/b><\/i> if act committed against:<\/p>\r\n

    \r\n
  • A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;<\/li>\r\n
  • A family member, member of the household, or dating relationship if defendant has been previously convicted of a similar offense, or if the offense was committed by intentionally or recklessly choking the victim;<\/li>\r\n
  • A person who contracts with the government for certain family services (such as Child Protective Services) acting in their official duties, or who is retaliated against for said duties;<\/li>\r\n
  • A person the actor knows is a security officer performing within the scope of their duties; or<\/li>\r\n
  • A person the actor knows is emergency services personnel while the person is providing emergency services.<\/li>\r\n<\/ul>\r\n

    2nd degree felony<\/b><\/i> if:<\/p>\r\n

      \r\n
    • Offense is committed against a family member, member of the household, or dating relationship;<\/li>\r\n
    • Defendant has been previously convicted of a similar offense against an individual described above; and<\/li>\r\n
    • Offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth (choking).<\/li>\r\n
    • (or for aggravated assault, see below)<\/li>\r\n<\/ul>\r\n

      1st degree felony<\/b><\/i> if aggravated assault is committed against:<\/p>\r\n

        \r\n
      • Someone with whom you have a domestic relationship; or<\/li>\r\n
      • A public official, police officer, emergency worker, security guard, witness, or informant.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Aggravated Assault<\/b><\/td>\r\n

An assault is considered "aggravated assault<\/a>" if:<\/p>\r\n

Penalties and Sentences<\/b><\/td>\r\n