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Houston DWI Lawyer > Blog > Criminal > Assault, Battery, And TX Defenses

Assault, Battery, And TX Defenses


In the vast landscape of Texas law, understanding the distinctions between assault and battery charges is essential when individuals or their loved ones are facing criminal allegations. When you connect with a professional, they can answer all of your questions and help you pave a path forward.

Have a conversation with a Houston criminal lawyer as soon as possible following an arrest. Seasoned attorneys understand the distinctions between an assault charge and a battery charge and which defense strategy could be beneficial for those entangled in legal proceedings.

Threats, Physical Attacks, and Defense Examples

Assault and battery are often used interchangeably, but in the eyes of the law they represent distinct offenses. Assault refers to the threat or attempt to cause bodily harm, but battery involves the physical contact with another individual without their consent. In Texas, assault charges can range from misdemeanor offenses, such as simple assault, to felony offenses, such as aggravated assault with a deadly weapon.

But while they are separate offenses, it’s important to note that both assault and battery charges can be faced simultaneously in certain situations. For example, if an individual threatens another person with physical harm (assault) and subsequently carries out the threat by physically attacking them (battery), they could potentially be charged with both offenses. Dual charges are not uncommon.

When defending against assault and battery charges, several strategies may be employed.

  • Self-defense. If the accused acted to protect themselves or others from imminent harm, this can serve as a valid defense. Texas law allows individuals to use reasonable force when they need to defend themselves or others from unlawful aggression.
  • Lack of intent. In some cases, the accused may argue that they did not have the intent to commit assault or battery. For example, if the physical contact was accidental or unintentional, it may not meet the criteria for a criminal offense.
  • When there is evidence that an alleged victim willingly participated in the physical contact, there may be a consent defense, but it’s essential to have proof that the consent was informed and freely given without coercion.
  • False accusations. In situations where the allegations are based on false or exaggerated claims, presenting evidence to refute the accusations could be a way to challenge the credibility of the accuser.
  • Insufficient evidence. Prosecutors bear the burden of proving the defendant’s guilt beyond a reasonable doubt. Challenging the evidence and highlighting inconsistencies or gaps in the case can cast doubt on the charges.

Talking through defense options with an attorney can guide you in determining how to move forward after an accusation.

Talk to a Criminal Lawyer About Your Case

Discussing your case with a Houston criminal lawyer is a key first step in understanding the distinctions between assault and battery. Then, individuals facing allegations can work towards achieving the best possible outcome.

Was an assault charge mentioned when you were confronted by law enforcement? Connecting with the legal team can strengthen your defense. Navigating the complexities of assault and battery charges requires expertise, diligence, and a commitment to the rights of the accused. Contact Ayson Law for a confidential consultation.

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