A simple assault is the intentional, unlawful threat to do violence to another person while having the apparent ability to carry out the threat and as a result, creating a well-founded fear in the other person. Simple assault, usually charged as a misdemeanor, is the least serious form of assault. An assault can be by word or by an act. Where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault. Penalties for Assault. Texas law classifies Simple Assault as a second-degree misdemeanor, with penalties of up to 60 days in jail or 6 months probation, and a $500.00 fine.
Assault / Battery
Assault & Battery Defense Attorney
There are many defenses that an Assault and Battery Lawyer can provide. The most common defense is self-defense. In other words, you were defending yourself or another person during the commission of what the state attorney has charged as an Assault or Battery. Many factors must be evaluated before you settle for any offer the state attorney’s office has given, including but not limited to:
- Is the charge a Felony or a Misdemeanor?
- Is the charge filed in a way that qualifies for Sealing or Expunction?
- Does the victim wish to prosecute?
- Was the victim a family member?
Assault & Battery FAQs
Here are some common questions that our firm receives from clients involved in assault and battery cases:
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What is assault?
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What is battery?A battery occurs when a person actually and intentionally touches or strikes another person against the will of that person or intentionally causes bodily harm to another person. You can only be convicted of misdemeanor battery if the prosecution can prove, beyond a reasonable doubt, that each element of battery was present in your actions. The prosecution must prove actual, and intentional, touching or striking of another person; and that no consent had been given for the contact in question.
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Do I need an attorney for an assault or battery charge?When dealing with assault and battery charges, get an attorney as soon as possible. A conviction can have serious consequences for your life, now and in the future. Even in small cases, you need a lawyer. Your case matters and you should get the best legal advice you can. Often times, information can be submitted to the state attorney’s office that was not previously given during the investigation. Mitigating circumstances can be explained early on in an effort to encourage the state attorney’s office to drop the charges.
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