
San Marcos Battery Attorney
Aggressive Defense for Violent Crime Charges
Under Texas law, battery is a form of assault. It is defined as causing physical harm to another person intentionally or knowingly. This means that you can be charged with battery for causing another person to suffer bodily injury, or for causing offensive or provocative physical contact.
Whether you are facing charges for simple battery or aggravated battery, you are facing serious criminal penalties. You could be ordered to pay thousands of dollars in fines, and you could be sentenced to years in prison, among other penalties.
At The Law Offices of David C. Hardaway, we understand that good people can find themselves in bad situations. We also know that there are two sides to every story. Our San Marcos battery lawyer is here to hear your side and help you fight for the best possible outcome.
To schedule a consultation with our team, call us at (512) 846-9966 or online today.
What Is the Difference Between Assault and Battery in Texas?
Many people use the terms “assault” and “battery” interchangeably, but they are actually two separate offenses. In Texas, assault is defined as intentionally, knowingly, or recklessly causing physical harm to another person. Battery, on the other hand, is the intentional or knowing act of causing physical harm to another person.
Assault can involve causing physical harm to another person, but it can also involve threatening another person with imminent physical harm. For example, if you get into a heated argument with someone and raise your fist as though you are going to hit them, you could be charged with assault, even if you never actually touch the other person.
Under Texas law, there are three different types of assault:
- Assault – Causing bodily harm to another person, threatening another person with imminent bodily harm, or making offensive or provocative physical contact with another person
- Aggravated assault – Assault that results in serious bodily injury, or assault that involves the use of a deadly weapon
- Sexual assault – Non-consensual sexual contact with another person, including rape
In short, assault and battery are both forms of violent crime. Battery is a type of assault that involves causing physical harm to another person. If you have been charged with either of these offenses, it is important that you take the matter seriously and seek legal representation as soon as possible.
What Is the Punishment for Battery in Texas?
In Texas, the penalties for battery depend on the circumstances of the offense. For example, if you are charged with simple battery, you may be ordered to pay a fine of up to $4,000 and/or sentenced to up to 1 year in jail. If you are charged with aggravated battery, the penalties are much more severe.
Under Texas law, there are four different types of battery charges:
- Class C misdemeanor – Simple battery that does not cause pain, such as spitting on another person
- Class A misdemeanor – Simple battery that causes pain, or simple battery committed against a family member, household member, or public servant
- Third-degree felony – Simple battery committed against a family member, household member, or public servant that causes pain
- Second-degree felony – Aggravated battery
Aggravated battery is a very serious offense. If you are charged with this offense, you could be ordered to pay a fine of up to $10,000 and/or sentenced to 2 to 20 years in prison.
Defending Yourself Against Battery Charges
If you have been charged with battery, you may feel as though there is no hope for your case. However, there are many different defenses that may be available to you, depending on the facts of your case. An experienced San Marcos battery attorney can help you determine the best defense strategy for your specific situation.
Some of the most common defenses to battery include:
- Self-defense – You believed that you were in immediate danger of suffering physical harm, and you used force to protect yourself
- Defense of others – You believed that another person was in immediate danger of suffering physical harm, and you used force to protect that person
- Defense of property – You believed that another person was trying to steal or damage your property, and you used force to protect your property
- Consent – The other person consented to the physical contact that you made with them
- False accusations – The other person made false accusations against you
These are just a few of the possible defenses that may be available to you. A qualified San Marcos battery lawyer can help you build a strong defense strategy that is tailored to your specific situation.
Charged with Battery? Call Our Firm Today.
If you have been charged with battery, it is important that you seek legal representation as soon as possible. Our San Marcos battery attorney is here to help. We will review the facts of your case, explain your legal options, and help you determine the best way to proceed. We will fight tirelessly for you in and out of the courtroom.
Our firm offers free initial consultations. Call us at (512) 846-9966 or online today to get started.