Being charged with battery can lead to severe consequences like jail time, fines, and a criminal record. With so much at stake, it is critical to understand how battery charges are classified under Texas law. While the battery can sometimes be charged as a felony offense, factors like the extent of the victim’s injuries and use of a weapon help determine whether it will be charged as a felony or a misdemeanor.
In this article, we will examine how a battery is defined under Texas law, what factors lead to felony versus misdemeanor charges, the penalties for each, and the invaluable role a Texas criminal defense lawyer can play in defending against allegations.
How Does Texas Law Define Battery?
When someone intentionally makes harmful or offensive physical contact with another person without that person’s consent, it’s referred to as battery in Texas. The key factors are that the touching is intentional, offensive, and without consent. Importantly, the law does not require that any injury occur for battery charges to apply. The unconsented physical contact itself constitutes the offense.
Battery charges are closely linked to assault charges in Texas. Assault refers to threats or actions intended to cause bodily injury, while battery refers to the physical contact itself. Oftentimes, assault and battery charges go hand in hand.
Beyond criminal charges, battery is also considered an intentional tort. This means the victim can pursue civil damages by filing a lawsuit against the perpetrator.
Misdemeanor Battery Charges in Texas
Not all batteries result in felony charges. Texas law categorizes some batteries as misdemeanors, usually when no weapons were involved and injuries were minor. Common misdemeanor battery charges include:
Simple Battery
Simple battery refers to intentionally making physical contact with someone in an offensive or harmful manner without their consent. For example, shoving someone or hitting them without causing serious injury.
Simple battery is a Class C misdemeanor in Texas, punishable by a fine of up to $500. It becomes a Class B misdemeanor if committed against a sports participant during a sporting event.
Domestic Battery
Domestic battery involves intentionally or knowingly causing bodily injury to a family member, household member, or current/former dating partner. For example, slapping or shoving a spouse.
First-time domestic battery may be charged as a Class A misdemeanor in Texas. Punishments can include up to a year in jail, anger management classes, and other penalties. It is not the same as domestic violence, which involves additional relationship dynamics beyond battery.
Felony Battery Charges in Texas
While many batteries are misdemeanors, Texas law categorizes certain batteries as felonies. Felony battery charges include:
Aggravated Battery
Aggravated battery refers to committing a battery and causing serious bodily injury in the process. For example, beating someone unconscious or causing permanent disfigurement or disability.
Aggravated battery is a second-degree felony in Texas punishable by 2-20 years in prison and fines up to $10,000. If the victim is elderly or disabled, it becomes a first-degree felony with even harsher sentences.
Battery on a Law Enforcement Officer
Intentionally or knowingly causing bodily injury to a law enforcement officer, security officer, emergency medical worker, or other first responder during their official duties is considered battery on a law enforcement officer in Texas. For example, punching a police officer attempting to make an arrest.
This third-degree felony is punishable by 2-10 years in prison and fines up to $10,000. Harsher penalties apply if the officer suffers serious bodily injury.
Felony Enhancement Factors
Other circumstances can enhance a battery from a misdemeanor to a felony in Texas:
- Prior Convictions – Someone with two or more prior battery convictions may face felony charges for another battery.
- Use of a Deadly Weapon – Employing a gun, knife, or other deadly weapon while committing battery makes it a felony.
- Great Bodily Harm – Causing substantial injury like broken bones, internal wounds, or disfigurement can warrant felony battery charges.
Fighting Back Against Battery Charges
The penalties for felony battery convictions can be severe. However, an experienced Texas criminal defense attorney can often fight these allegations and seek the best possible outcome for the accused. There are several potential legal defenses that a violent crimes lawyer may use:
Unlawful Arrest Defense
If a police officer attempts an unlawful arrest without proper cause, any alleged battery against them during that arrest may be invalidated as self-defense against the officer’s unlawful actions.
For example, if an officer tries to detain someone without reasonable suspicion or probable cause, any resistance from the detainee could be considered lawful self-defense, not criminal battery. A skilled criminal defense lawyer can investigate the legality of the attempted arrest and argue this unlawful arrest defense in court if applicable.
Self-Defense Claim
Self-defense is a common legal defense against battery allegations. Self-defense may justify their actions if the accused only used reasonable and necessary force to protect themselves or others from imminent harm.
An attorney can argue this defense in court if the facts show the accused faced a legitimate threat of violence and their reaction was proportional to that threat. However, precise requirements must be met regarding the reasonableness of force used, imminence of harm, duty to retreat, and other factors.
Consent Defense
For some battery accusations, the alleged victim consented to the physical contact and suffered no harm. Certain sports, medical procedures, and other situations involve consented touching that should not be considered criminal battery.
An experienced defense lawyer can argue that the supposed victim consented to the contact and the accused is, therefore, not guilty of battery. However, this defense has limitations and does not apply to statutory rape or other crimes involving minors, for example.
Mental State Challenges
Most battery crimes require prosecutors to prove the accused acted “intentionally”, “knowingly”, or “recklessly” in causing offensive contact or harm. A criminal defense attorney may argue the accused did not exhibit the requisite mental state for battery.
For instance, if contact occurred purely by accident and without intent, it would not meet Texas battery statutes. Likewise, mental disabilities or voluntary intoxication could negate the necessary intentional mindset.
Evidentiary Issues
In some cases, the prosecution’s evidence of battery may be weak, contradictory, improperly collected, or otherwise flawed. To undermine allegations, an experienced defense lawyer can scrutinize the evidence through motions, investigations, and cross-examination.
If the state cannot prove all battery elements beyond a reasonable doubt, an attorney can seek dismissal of charges or acquittal at trial. Therefore, contesting the prosecution’s evidence provides another avenue for defense.
Don’t Face Battery Charges Alone
The complexities of battery laws and defenses underscore the importance of retaining an experienced Texas criminal defense attorney if facing such allegations. An attorney can carefully examine the details of your case, advise you on possible defenses, represent you in negotiations with prosecutors, and defend you in court if necessary.
At the Whalen Law Office in Frisco, TX, our seasoned battery lawyers have seen virtually every type of scenario play out in courts across Texas. We use our expertise to protect our clients’ rights aggressively at every stage. Don’t leave your fate to chance.
