Assault vs. Battery: Understanding the Legal Divide

Tiffany N. Abayev
3 days ago
4 min read

By Emma Estrada, Pantheon Legal Intern

Supervised by Tiffany Abayev, Director of Development

If you've been charged with assault or battery, or you’re simply trying to understand the difference between assault vs. battery, you’re not alone. These terms are often used interchangeably in everyday language, but in the legal world, “assault” and “battery” are distinct offenses with distinct differences and real consequences.

At Pantheon Legal Group, we’re here to help clarify what these charges mean, especially under Texas law, and what steps you should take if you’re facing them.

Assault: The Threat or Attempt

Assault occurs when a person intentionally threatens or attempts to cause harm, placing someone in fear of imminent injury, even if there’s no physical contact. Examples include:

Raising a fist as if to strike
Swinging at someone but missing
No contact is needed for an act to be considered assault.

Battery: The Harmful or Offensive Contact

Battery refers to the actual physical act, making harmful or offensive contact with another person.

Examples include:

Slapping, shoving, or punching someone
Grabbing or pushing without consent
Even minimal contact can count if it’s unwanted and intentional.

Legal Definitions: Assault vs. Battery in Texas

In many states, assault and battery are charged separately. But in Texas, these concepts are often grouped under the general offense of “assault” as defined by the Texas Penal Code §22.01. Still, the distinction matters, especially for legal strategy.

Battery in Texas: Charges & Penalties

In Texas, what other states label “battery” often falls under the umbrella of “assault” when physical contact is involved.

Acts that may be considered battery include:

Punching or hitting
Grabbing, shoving, or restraining someone
Using objects or weapons to injure

Penalties Can Include:

Class A misdemeanor: Up to 1 year in jail and a $4,000 fine
Third-degree felony: 2–10 years in prison and up to a $10,000 fine (if the victim is a public servant, elderly, etc.)
Aggravated assault (with a weapon or serious injury): 2–20 years in prison

*The severity of the charge depends on intent, injury, victim type, and use of weapons.

Assault: Legal Meaning, Charges & Consequences in Texas

Under Texas law, assault isn’t just about causing physical injury, it also includes threats or provocative contact, even if no harm occurs.

Examples of Assault Include:

Verbal threats or gestures meant to intimidate
Causing minor or serious bodily injury
Unwanted physical contact, such as poking or spitting

Possible Charges:

Simple Assault (Class C or A Misdemeanor): Includes threats or minor contact
Aggravated Assault (Felony): Involves serious injury or a deadly weapon
Family Violence Assault: Carries heightened penalties due to the domestic relationship

A conviction, even for simple assault, can result in jail time, fines, and a permanent criminal record.

Aggravated Assault vs. Aggravated Battery

Aggravated versions of these charges apply when weapons, serious injuries, or protected victims (like children or elderly individuals) are involved.

Common Legal Defenses to Assault or Battery

If you’ve been charged, it’s essential to understand your rights and your options. A skilled criminal defense attorney can evaluate whether you have a valid defense, such as:

Self-defense – You acted to protect yourself
Defense of others – You were protecting someone else
Lack of intent – The act was accidental
Consent – The other person agreed to the contact
False accusation or mistaken identity

Building a strong defense starts with experienced legal counsel. That’s where Pantheon Legal Group can help.

Assault and Battery in Texas: What You Need to Know

In Texas cities like Dallas, Fort Worth, Denton, and Arlington, how your case is handled can vary widely based on:

The discretion of the county prosecutor
The judge assigned to your case
Whether weapons, domestic violence, or prior offenses are involved

Having a defense lawyer who understands local laws, courts, and prosecutors can dramatically affect the outcome of your case.

What To Do If You’re Charged with Assault or Battery

If you're facing criminal charges, every moment matters. Here's what to do next:

Act quickly – Don’t delay seeking legal help.
Stay silent – Do not speak to law enforcement without a lawyer.
Call Pantheon Legal Group – Let us protect your rights.
Gather evidence – Save photos, texts, and witness names.

Let us fight for your future. We’ll build the strongest defense possible.

Frequently Asked Questions (FAQs)

What’s the difference between assault and battery?

A: Assault is the threat or attempt to cause harm without physical contact. Battery involves actual unwanted physical contact.

Is battery a felony in Texas?

A: Yes, especially if it involves serious injury or a protected class (like a child or public servant).

Can I be charged with both assault and battery?

A: In some states, yes. In Texas, the law often combines both under the term “assault.”

What if someone hits me first?

A: You may have a valid self-defense claim. Contact a lawyer immediately.

Charged with Assault or Battery? Contact Pantheon Legal Group Today

If you’re facing assault or battery charges in Dallas-Fort Worth, don’t face the criminal justice system alone. At Pantheon Legal Group, we know how to challenge evidence, negotiate with prosecutors, and protect your name and future.

Call us today for a free consultation.

Defend your future. Protect your name. Get Pantheon Legal Group on your side.