Difference Between Assault and Battery in Texas Law

Concerned person talking to a criminal defense lawyer near you about the difference between assault and battery in Texas law

Difference Between Assault and Battery in Texas Law

In many states, “assault” and “battery” are treated as separate criminal offenses. But in Texas, these terms are combined under a single statute: Texas Penal Code §22.01. That means if you’re arrested for what might be called “battery” elsewhere, you’ll likely be charged with assault under Texas law.

This distinction—or lack thereof—confuses many people, especially those facing charges in Harris or Galveston County. In this post, we’ll break down the difference between assault and battery as it applies in Texas, explain why the distinction matters, and what you should do next if you’ve been charged.

What Is Assault in Texas?

Under Texas Penal Code §22.01, a person commits assault if they:

  1. Intentionally, knowingly, or recklessly cause bodily injury to another person;

  2. Intentionally or knowingly threaten another with imminent bodily injury; or

  3. Intentionally or knowingly cause offensive or provocative physical contact with another.

That’s it. That’s everything Texas calls “assault.” The statute doesn’t use the word “battery” at all.

So… What Is Battery, Then?

In other states, battery refers specifically to the act of causing physical harm—the actual touching or injuring of another person. Assault, in those jurisdictions, often refers only to the threat of harm.

But in Texas, both actions—the threat and the physical harm—fall under the single legal term “assault.” So, whether you threaten to punch someone or actually hit them, you’re being charged with assault, not “assault and battery.”

Key Differences at a Glance

Term In Other States In Texas
Assault Threat of harm Threat of harm OR causing harm
Battery Physical contact or bodily injury Not a legal term in Texas
Legal Charge Often two separate charges (assault & battery) One charge: assault

Why This Matters If You’re Facing Charges

If you’re being charged in Harris or Galveston County, understanding this distinction can help you interpret your charges more clearly:

  • You won’t see “battery” on the charge sheet—even if you caused physical harm.

  • The prosecutor doesn’t need to prove injury to pursue an assault charge. Threats or offensive contact are enough for a Class C misdemeanor, which still creates a criminal record.

  • All levels of physical confrontation, from threats to serious injury, fall under the same legal umbrella—assault.

This is especially important if you’ve moved from another state or have a criminal history elsewhere. Your understanding of what counts as “battery” may not match how Texas defines and prosecutes assault.

Classifications of Assault in Texas (a Quick Refresher)

Depending on the severity and circumstances, your assault charge may be:

  • Class C Misdemeanor – Offensive contact or threats: up to $500 fine.

  • Class A Misdemeanor – Minor bodily injury: up to 1 year in jail and/or up to $4,000 fine.

  • Third-Degree Felony – Injury to a public servant, family member (with prior conviction), or emergency personnel: 2–10 years in prison, up to $10,000 fine.

  • Second-Degree Felony – Assault with a deadly weapon or causing serious bodily injury: 2–20 years in prison, up to $10,000 fine.

Even if the injury was accidental or mutual, Texas law allows prosecutors to file charges—especially in domestic or public service-related incidents.

Can I Be Charged for Assault Without Hitting Anyone?

Yes. Under Texas law, even threatening to harm someone, or touching someone in a provocative way, can result in a criminal assault charge. Here are examples that don’t involve actual physical injury:

  • Raising a fist and yelling, “I’m going to knock you out.”

  • Getting in someone’s face and pushing them back with your finger.

  • Spitting on someone.

These scenarios might seem minor, but in the eyes of the law, they can lead to Class C or A misdemeanor assault charges—and they’re taken seriously by prosecutors in Harris and Galveston Counties.

The Legal Process in Harris & Galveston County

Whether you’re charged with a Class C misdemeanor or a felony, the process generally involves:

  1. Arrest and Booking

  2. Magistration (initial hearing and bail setting)

  3. Arraignment (entering a plea)

  4. Pre-trial Hearings and Motions

  5. Trial (if your case doesn’t settle or get dismissed)

Navigating this process alone is risky. A lawyer near you can guide you through every step, work to reduce or dismiss the charges, and protect your rights in court.

How a Lawyer Near You Can Help

If you’ve been accused of “assault and battery” in Texas, don’t assume the charge is straightforward. The law is complex, and small details can make a big difference in how your case is handled.

An experienced criminal defense lawyer near you can:

  • Examine the evidence and police reports

  • Identify potential legal defenses like self-defense or lack of intent

  • Negotiate with prosecutors to reduce charges

  • Represent you in court with confidence

The Law Office of JL Carpenter has successfully defended clients throughout Harris and Galveston Counties facing every level of assault charge. With her background as a former felony prosecutor, JL knows how the system works—and how to fight back for your rights.

Final Thoughts

While other states draw a clear legal line between assault and battery, Texas does not. Under state law, all forms of threatening behavior and physical harm fall under the single charge of assault.

If you or a loved one are facing these charges, don’t leave your future to chance. Get a lawyer near you who knows the Texas Penal Code inside and out.

Call the Law Office of JL Carpenter today at (713) 201-6767 or reach out online at https://jlcarpenterlaw.com/contact/.