The Difference Between Assault and Battery in Texas Law

Is There a Legal Difference Between Assault and Battery in Texas?

Many people — including those facing charges — wonder whether they’re being accused of assault or battery. In popular culture, the two terms are often used together or interchangeably. But under Texas law, there’s an important distinction:

Texas does not have a separate criminal offense called “battery.”

That’s right — battery is not a legal term used in Texas criminal statutes. Instead, Texas Penal Code § 22.01consolidates what other states call “assault” and “battery” under a single offense: Assault.

So, what’s commonly referred to as battery in other states — physical contact causing harm — is simply charged as assault in Texas.

Let’s break that down.

How Does Texas Define Assault?

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

1. Intentionally, knowingly, or recklessly cause bodily injury to another person (what many people call battery in other states);
2. Intentionally or knowingly threaten another with imminent bodily injury (what some refer to as assault in other states);
3. Intentionally or knowingly cause physical contact with another when the contact is offensive or provocative.

So, in plain language:

• What other states call battery is Assault – Bodily Injury in Texas.
• What other states call assault is Assault by Threat in Texas.

That’s why it’s common to hear people say, “I got arrested for assault and battery,” even though the law only charges them with assault in Texas.

A good attorney near you will explain that the charge itself is simply “Assault” — and the specific facts determine how it’s classified.

What Are the Levels of Assault Under Texas Law?

Class C Assault (No Injury)

• Threatening bodily injury or making offensive contact
• Fine up to $500
• No jail time, but still a criminal record

Class A Assault (Bodily Injury)

• Any action causing pain, illness, or impairment
• Up to 1 year in jail and $4,000 fine
• Often includes Assault – Family Violence

Felony Assault

• Serious bodily injury, use of a deadly weapon, injury to protected persons, or repeat offenders
• Third-degree, second-degree, or first-degree felony charges
• Up to life in prison

So, while someone might say “he battered me,” the criminal charge in Texas will always be a type of assault, and how it’s handled depends on injury, weapon use, and victim status.

Why Is the Term “Battery” Still Commonly Used?

Although it’s not a legal term in Texas criminal courts, “battery” still appears in civil law, especially in personal injury lawsuits.

In a civil context:

• Assault = creating fear of harm (threat)
• Battery = offensive or harmful contact

But again, in criminal cases, Texas combines both ideas under the umbrella of assault.

This distinction confuses many defendants — and even law enforcement occasionally mislabels charges using outdated terminology. That’s why you need a precise, knowledgeable lawyer near you who can clarify your charges and protect your rights from the start.

How Do Prosecutors Prove “Battery-Type” Assault in Texas?

Even though the charge is “assault,” the state must prove physical contact and injury if the conduct resembles what other states call battery.

They often rely on:

• Medical records
• Photographs of injuries
• Victim or witness testimony
• 911 recordings (Tex. R. Evid. 803(2))
• Body cam or surveillance video

An experienced attorney near you can challenge this evidence, raise defenses, or negotiate reductions based on lack of injury or intent.

What Are Common Defenses in Assault (Battery-Type) Cases?

Self-Defense

If you used reasonable force to protect yourself or others, the law permits it under Tex. Penal Code § 9.31–9.33.

Lack of Intent

If the contact was accidental, there’s no criminal assault — and no “battery” under civil standards either.

Mutual Combat

If both parties willingly engaged in a fight, it can reduce or negate the charge.

False Accusations

A common issue in family violence and custody-related cases. Your lawyer near you will review every statement and examine motives.

Why Language Matters When Facing Criminal Charges

The confusion between assault and battery often leads to misunderstanding the charges, penalties, and possible defenses.

You may hear people refer to your case incorrectly — or find misleading online information. That’s why working with a Texas-specific criminal defense attorney near you is critical to ensuring your case is accurately evaluated and defended.

At Walker Law Office, we help clients in Harris County, Fort Bend County, and surrounding jurisdictions understand the real nature of their charges — not outdated or misused legal terms.

Whether you’re facing Class C assault, family violence allegations, or a felony-level bodily injury charge, we can help you navigate every step of the process — from arraignment to trial to expunction.

Call Walker Law Office today at (713) 228-2611 or contact us online at https://www.walkerlawhouston.com/contact/ to speak with an experienced attorney near you.

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