Assault & Battery Defense in Texas
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Many people think that assault & battery mean the same thing, but there is a distinction. Assault refers to the threat or intent to inflict physical harm on a person whereas battery refers to the actual physical act of inflicting harm. However, over time, both have come to mean the same thing and most states, when referring to assault and battery, define it as some form of physical harm or offensive contact. Assault and battery is punishable based on the following factors:
- how much bodily harm was inflicted
- the use of a weapon to inflict injury or with the intent to inflict injury
- the victim was vulnerable and had no means to defend themselves
- the victim was an officer of the law
- the offense committed or intended was a hate crime
When injuries sustained from an assault are perceived to be less, it is considered a simple assault & battery case, whereas injuries of a serious and severe nature, including those sustained from a deadly weapon, are considered aggravated assault. Assaults can be in the form of road rage, fights in restaurants, bars or clubs, domestic violence, disorderly conduct, and more. Sometimes, even people defending themselves are charged with assault.
Because laws of assault and battery developed out of common law, a person charged may face both criminal and civil charges. In addition to being fined, convicted or jailed, a person may have to pay compensatory damages to the victim as well.
Contact Our Skilled Criminal Law Attorneys
For your convenience, we answer our phones 24 hours a day, 7 days a week. Evening and weekend meetings can be arranged upon request. To set up a free initial consultation call us at 844-402-2992 or email us. Se habla Español.
At Bailey & Galyen, we provide comprehensive legal counsel to individuals and businesses across Texas, including Arlington, Dallas, Fort Worth, Houston, Clear Lake, Bedford, Carrollton, Grand Prairie, El Paso, Mesquite, Midland/Odessa, Bellaire, Sugar Land, Lubbock, Plano, San Antonio and Weatherford.