Criminal Penalties for Assault and Battery under Texas Law
Various factors help determine whether an assault or battery charge is a misdemeanor or a felony and, therefore, the severity of the penalty imposed. The circumstances that led to the incident at issue, the seriousness of the victim’s injuries, the involvement of a deadly weapon, the nature of the victim and the motivation behind the incident all contribute to the determination of the appropriate sentence for an assault or battery charge. For instance, if an assault proves to be a hate crime or involves attempted injury to a young child, the prosecutor may file more serious charges than in a simple assault case.
Additional Penalties for Assault and Battery
Depending on the situation, incidents that constitute assault and/or battery may involve civil penalties, as well. For instance, a domestic violence situation may result not only in criminal battery charges, but also in a civil protective order, which can significantly limit your freedom and activities. The imposition of a civil protective order also can impair your ability to carry or purchase a gun. Furthermore, an incident that causes serious injuries to the victim may subject you to a civil lawsuit for the purposes of recouping the financial costs of the injuries, such as medical bills.