When it comes to battery and assault, there are many states that opt to treat these two issues as separate crimes, while other states opt to treat them as the same crime. The main reasons for this is because the two are closely linked with one another.
Assault is what occurs whenever an individual threatens another with imminent bodily injury. In terms of battery, this is defined as actual bodily contact. Additionally, it is also possible for one individual to sue another for these actions in civil court and obtain compensation for any injuries that were sustained.
In the state of Texas, the case against an individual involving assault and battery are the same; however, there are different classifications regarding different degrees of the offense, meaning that if battery occurs, it can still be charged as assault. For instance, if someone in the state of Texas is threatened with bodily harm, this could result in just receiving a fine; however, causing bodily harm against another individual – which is generally charged as battery in most other states – can result in a jail sentence of up to one year.
Here are the basic Texas state laws regarding battery and assault, which are stated under Texas Penal Code 22.01, et seq.:
*In the state of Texas, an individual will have committed assault if they intentionally/knowingly/recklessly cause bodily injury to another individual, which can include their spouse; intentionally or knowingly threaten another individual with bodily injury, which can include their spouse; intentionally or knowingly cause physical contact with another individual when they know the other individual will consider the physical contact itself will be either provocative or offensive in nature.
*The offense can be classified as a Class C misdemeanor if one individual threatens another individual with bodily harm or causes physical contact in a manner that is either provocative or offensive with no other aggravating factors present.
*The offense can be classified as a Class B misdemeanor if one individual commits assault against another individual who is a participant in a sport during a performance or in retaliation for a performance.
*The offense can be classified as a Class A misdemeanor if an individual causes bodily injury to another individual with no other aggravating factors present, or if an individual causes physical contact in a manner that is either offensive or provocative against an elderly individual.
*The offense can be classified as a third degree felony if it was committed against a public servant while the public servant is lawfully performing their official duty or in retaliation for performing their official duty; a family member, other member of the same household, or significant other if the individual has been previously convicted of a similar offense or if the victim was recklessly or intentionally choked; an individual who contacts the government for specific family services acting in official duties or who experiences retaliation for these same duties; against a security officer performing their official duty; against an emergency services worker performing their official duty.
*The offense can be classified as a second degree felony if it was committed against a family member, member of the same household, or significant other; an individual has been previously convicted of the same offense against an aforementioned individual; an individual knowingly, intentionally, or recklessly chokes another individual.
*The offense can be classified as a first degree felony if aggravated assault was committed against a domestic partner, public official, police officer, emergency worker, security guard, informant, or witness. Aggravated assault is defined as assault that results in serious injury or if a weapon is used while the assault is being committed.
Some of the most common penalties and sentenced for assault and battery in the state of Texas include the following:
*For a Class C misdemeanor, a fine of up to $500.
*For a Class B misdemeanor, a jail sentence of up to 180 days and a fine of up to $2,000.
*For a Class A misdemeanor, a jail sentence of up to one year and a fine of up to $4,000.
*For a third degree felony, a prison sentence of up to 10 years and a fine of up to $10,000.
*For a second degree felony, a prison sentence of between two to 20 years and a fine of up to $10,000.
*For a first degree felony, a prison sentence of between five years and life and an unknown fine.
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