In some states, assault covers threats, while battery addresses harmful contact. Texas treats conduct that other states label “battery” as part of a single umbrella offense: assault. Under Texas Penal Code, Section 22.01, a person commits assault by (1) causing bodily injury, (2) threatening imminent injury or (3) touching someone in an offensive or provocative way
Early state lawmakers opted for simplicity. Acts that would be called battery elsewhere, like striking, shoving or unwanted grabs, fall under the assault statute. This eliminated the need to prove two separate crimes. Commentators note that this streamlines charging decisions for prosecutors and sets a single evidentiary standard.
Charge levels and penalties in Houston
A class C misdemeanor is a verbal threat or minor unwanted contact. This is usually punishable by a fine. A class A misdemeanor is contact that causes pain or injury without aggravating factors. A Class A misdemeanor conviction can carry a county-jail term of up to twelve months. Assault becomes a felony when it involves a deadly weapon, occurs in a domestic-violence setting, or targets specially protected individuals such as police officers.
Key statutory nuances
Threats alone suffice. No physical contact is required. Credible threats meet the statute. Even a shove that leaves no bruise may qualify if the victim finds it offensive. Nonetheless, defenses like mutual consent, lawful self-defense, or a lack of intent can eliminate criminal liability.
Texas collapses assault and battery into one statute, but penalties vary sharply with each case’s facts. Knowing how threats, contact and injury fit within Section 22.01 helps Houstonians understand why some incidents end with tickets while others carry potential prison time.