Assault and Battery: Are They the Same Crime?
The terms "assault" and "battery" are often used interchangeably. But under Texas law, they have precise meanings and distinct penalties. If you're facing allegations, the difference matters.
Read on to learn some key distinctions between the two from our experienced criminal defense attorneys at the McDougal Law Firm. We’ll discuss some Texas-specific legal details as well. Let’s get started.
An Introduction to Texas Assault vs. Battery
When facing violence crime charges in Texas, it’s important to understand how the state defines and distinguishes assault from battery.
What’s “Assault” in Texas?
Under Texas Penal Code § 22.01, a person commits assault if they:
Intentionally, knowingly, or recklessly cause bodily injury to someone (including a spouse).
Intentionally or knowingly threaten someone with imminent bodily injury.
Intentionally or knowingly make physical contact that a reasonable person would find offensive or provocative.
A Class A misdemeanor (e.g., fistfight causing non‑serious injury).
It becomes a third‑degree felony if the victim is a public servant, emergency worker, pregnant person, etc., or if choking is involved.
What Is “Battery”?
Unlike most states, Texas doesn’t label a distinct offense “battery.” What many call battery typically falls under assault—the physical contact or bodily injury aspect. In some jurisdictions (and everyday speech), the actual contact is “battery,” and the threat is “assault,” but in Texas, both are encompassed under § 22.01.
Why the Distinction Matters in Court
Understanding how different actions are interpreted under Texas assault law is crucial because it directly affects the severity of the charge and your legal options in court.
Charge Severity & Legal Strategy
Though assault and battery aren’t separate offenses under Texas law, the conduct involved—whether it’s a shove, punch, choke, or threat—shapes:
The misdemeanor vs. felony classification.
Whether state prosecutors can charge under the more serious aggravated assault statute (§ 22.02).
Penalties: Class A misdemeanors carry up to one year in county jail; third‑degree felonies range from 2 to 10 years in state prison.
A skilled assault attorney from our team at McDougal Law Firm can often negotiate down a charge, argue lack of intent/recklessness, or pursue unflattering plea terms.
Aggravated Assault: When Things Get Serious
When an assault involves serious injury or a deadly weapon, it becomes aggravated assault—a far more serious charge under Texas law with significantly harsher penalties.
Definition
Under § 22.02, aggravated assault occurs when:
The defendant causes serious bodily injury, or
Uses or displays a deadly weapon during the assault
This offense is a second‑degree felony—punishable by 2–20 years—and can escalate to a first‑degree felony if a deadly weapon causes serious injury.
Impact on Your Case
If you're confronting an aggravated assault charge, you're looking at much steeper penalties. A qualified assault attorney will explore:
Whether the injury truly qualifies as “serious”
Whether the weapon was displayed or used with intent
Possible defenses like self‑defense, defense of others, accident, or lack of intent
Texas vs. Other States: How These Laws Differ
Texas handles assault laws differently than many other states, making it important to understand how terminology and charges may vary across jurisdictions.
Terminology Differences
In jurisdictions like California or New York, "battery" usually refers to physical contact, and "assault" often refers to the threat.
Many states recognize them as two distinct offenses.
Texas’s Broader Assault Definition
Texas combines what others call “assault” and “battery” into one statute (§ 22.01). So, both the fear/deterrent element and the physical impact are covered under “assault.”
Sentence Ranges Vary
In Texas: Class A misdemeanor for basic assault; aggravated assault as felony.
Elsewhere: Simple assault and battery may each carry their own penalties (e.g., paying fines and short jail time for battery, probation for simple assault).
Elements essential in Texas—like choking—automatically upgrade the charge to felony assault, but other states may treat them separately (for example, “battery with strangulation”).
Choking = Automatic Felony
In Texas, applying pressure to someone’s throat is an upgraded felony assault. In many states, this might be treated as a separate offense. But here, choking alone moves charges from misdemeanor to felony.
Victims with Special Status
Assaulting an on‑duty public servant, nurse, or pregnant person is an enhanced felony in Texas. Other states might not automatically elevate the offense based on victim status.
Penalty Ranges
Texas gives robust sentencing ranges (Class A misdemeanors up to 1 year, third‑degree felonies up to 10 years, second‑degree felonies up to 20 years). Other states differ widely—some treat misdemeanor battery more leniently, others more harshly.
Consent & “Mutual Combat”
Texas allows mutual consent as a defense only when both parties willingly fight without serious injury. In other states with distinct battery statutes, this defense is more commonly recognized.
FAQs About Assault and Battery
Here are some common FAQs about assault and battery in Texas:
Are assault and battery the same in Texas?
In Texas, both physical contact (battery) and threats/fear (assault) fall under § 22.01. There’s no separate charge for “battery”.
What makes assault aggravated?
It’s aggravated when there’s serious bodily injury or use of a weapon, including strangulation — a second or even first‑degree felony.
Which offense is worse: assault or battery?
In Texas, you’re charged with “assault.” Severity depends on the injury or weapon use.
What’s the punishment for assault?
Class A misdemeanor (up to 1 year in jail). Felony is possible for special victims or strangulation. Aggravated assault is grave—up to 20 years in prison.
How does Texas compare to other states?
Texas combines assault and battery in one penal code. In other states, battery may be separate; penalties also differ.
Can you face criminal and civil charges?
Yes. After criminal court, victims may file civil lawsuits under tort law for compensation, additionally threatening their record and finances.
What should I do if charged?
Contact an assault attorney quickly. Don’t speak to the police without counsel. Gather texts, photos, and witness contacts—your lawyer will work from there.
The Edge That a Skilled Defense Attorney Brings
A seasoned defense lawyer doesn’t just react to charges—they build a strategic defense from day one, leveraging local knowledge and legal tools to protect your future.
Critical intake: Your lawyer assesses right away—self‑defense vs. mutual combat vs. misunderstanding.
Evidence collection: Police reports in Wharton or Colorado County can show bias or gaps. Lawyers subpoena the right data: video, witness testimony, and medical records.
Pre‑trial moves: A Richmond assault attorney may file motions to suppress—excluding improperly obtained evidence or statements.
Plea bargains: Lawyers negotiate with Fort Bend County prosecutors to minimize charges or penalties.
Trial-ready preparation: In jury trials, attorneys identify the weakest parts of the case—like context, lack of intent, or defense—and create doubt.
Sentencing advocacy: If jail’s likely, lawyers recommend alternatives: community service, probation, counseling, restitution—especially effective in local courts across Texas.
Research Facts to Keep In Mind
The Texas Health & Human Services Commission reported in 2019:
40.1% of Texas women and 34.9% of Texas men have experienced intimate partner violence.
150 women in Texas were killed by intimate partners in 2019; 63% involved firearms.
This underscores the gravity of assault cases—not just legally, but socially and emotionally.
Contact Our Team
If you’re dealing with an assault allegation—simple or aggravated—act quickly. Your reputation, freedom, and future are at stake. Don’t wait. Reach out today to speak with an assault lawyer who knows Texas law from Richmond to Wharton County and beyond. Turn to McDougal Law Firm.
We serve clients in Richmond, Texas and the surrounding areas of Fort Bend County, Wharton County, Colorado County, and other areas west of Houston. Call us today.
