Austin Assault Battery Defense

Assault and battery, though very similar, are actually two different charges. Assault refers to the threat of violence, where as battery refers to unlawful physical contact with the intent to cause harm, injury, or pain. That being said, police officers in Austin have the right to arrest and charge someone with assault & battery even if no actual physical harm was caused. The police can also file charges against someone whose actions made it obvious they intended to threaten or harm the victim.

Assault is the threat of bodily harm that reasonably causes fear of harm in the victim. Battery is the actual physical impact on another person. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery. If the victim has not actually been touched, but only threatened or attempted, then the crime is assault. Consider the act of spitting in someone's face. This is not painful, violent,or harmful, but it is certainly offensive and there is an impact, a touching, so this would be a battery.

Potential Penalties

The potential penalties vary depending on the severity of the threat and the type of unwanted touching. The charges range from misdemeanor to felony charges, with more severe potential penalties possible if you commit felony assault and battery. Some states also recognize "aggravated" assault and battery, which involves threats and/or attempts to cause harm using a deadly weapon. Even in jurisdictions that do not recognize aggravated assault and battery, more stringent penalties exist if you threaten to or actually harm a person with a gun or knife then if you threaten to or harm a person with a rock or a stick.

TEX. PENAL CODE ANN. § 12.34 (2009). Third Degree Felony Punishment (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $ 10,000.

TEX. PENAL CODE ANN. § 22.04 (2009). Injury to a Child, Elderly Individual, or Disabled Individual (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury;

The stakes are high if you have been accused of assault and battery. You want to hire an experienced, aggressive Austin Assault and Battery Criminal Defense Lawyer who will thoroughly investigate the charges, relentlessly negotiate for you and defend you in every step of the criminal justice system