Assault vs. Battery: Understanding the Legal Divide

By Emma Estrada, Pantheon Legal Intern

Supervised by Tiffany Abayev, Director of Development

Confused about the difference between assault and battery? You're not alone. These terms are often used together, especially in media or in other states' laws, but in Texas, there is no legal distinction between the two. What some jurisdictions may call "assault" (a threat) and "battery" (physical contact) are both simply prosecuted as assault under Texas Penal Code §22.01.

In Texas, there is no legal distinction between assault and battery. Both the threat and/or the physical contact will be prosecuted as assault.

Where the Confusion Comes From

In everyday language, people often refer to “assault and battery” as if they are two separate crimes, and in some states, that’s true. Assault is typically defined as a threat or attempt to cause harm, while battery refers to actual physical contact that causes harm or is considered offensive. However, as we’ll explain, Texas law handles things differently. Under Texas law, both threats and physical contact are considered assault. 

Assault is typically defined as a threat or attempt to cause harm, while battery refers to actual physical contact that causes harm or is considered offensive.

What Counts as Assault in Texas?

You can be charged with assault in Texas for any of the following:

• Threatening someone with bodily harm (even if no contact is made)

• Causing physical injury to another person

• Unwanted or offensive contact, such as shoving, grabbing, or spitting

  
  

Penalties for Assault in Texas

The punishment for an assault charge depends on the severity of the act, your intent, and who the alleged victim is.

• Threats or minor physical contact may result in a Class C or Class A misdemeanor, which can carry penalties of up to 1 year in jail and/or a $4,000 fine.

• Causing bodily injury to another person is typically charged as a Class A misdemeanor, also punishable by up to 1 year in jail and a $4,000 fine.

• If the assault involves injury to a family member, public servant, or another protected class, it may be elevated to a third-degree felony, carrying 2 to 10 years in prison and up to a $10,000 fine.

• When the assault involves a deadly weapon or causes serious bodily injury, it becomes a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

  
  

What About “Aggravated Battery”?

You might see this term online or on TV, but in Texas, we do not have a charge called “aggravated battery.” If serious injury or a deadly weapon is involved, the charge becomes aggravated assault.

In Texas, we do not have a charge called “aggravated battery.” If serious injury or a deadly weapon is involved, the charge becomes aggravated assault.

Common Defenses Against Assault Charges

Every case is unique, but common legal defenses include:

• Self-defense

• Defense of others

• Lack of intent (accidental contact)

• Consent

• Mistaken identity or false accusations

  
  

An experienced Texas criminal defense attorney can help determine what defenses apply to your situation.

Why Local Knowledge Matters

In counties like Dallas, Tarrant, Denton, and Collin, prosecutors and judges may treat assault cases differently. Having a lawyer who knows the local courts, players, and procedures can make a significant difference in your outcome.

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.

FAQs

Is “battery” a crime in Texas?

A: Not as a separate offense. What other states call battery is usually prosecuted as assault in Texas.

Can I be charged for threatening someone even if I didn’t touch them?

A: Yes. In Texas, threatening bodily injury can be charged as assault, even without physical contact.

What if I was just defending myself?

A: You may have a valid self-defense claim. Talk to a lawyer right away.

Call 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.