Assault and battery are covered by the same section of the Texas Penal Code. Individuals who commit assault or battery in the Lone Star State can face charges ranging from a Class C misdemeanor to a first degree felony, and they can be ordered to pay a fine as low as $500 or sent to prison for up to five years. The most serious penalties are reserved for individuals who use weapons during assaults or cause serious injuries to domestic partners, witnesses, informants, or officials like police officers or emergency workers.
A 58-year-old man is facing a felony charge for allegedly punching a woman in the face and then kicking her as she lay on the ground. The incident is said to have taken place in Raymondville on June 10. The man, who remains in custody on a $150,000 bond, claims that he was acting in self-defense. He has been charged with domestic assault in the third degree, which is a Class E felony in Texas.
This society has a major interest in limiting violence between domestic partners. Generally, judges and law officers view domestic violence (DV) as a crime of the utmost seriousness in Texas. DV covers all types of domestic injuries, threats of physical violence and unwanted physical contact. To secure a DV conviction, the state's prosecutor must show that the offending party acted intentionally. If the violent incident in question led to physical injury, the prosecutor typically must demonstrate that the injury was directly related to DV.
A person in Texas or anywhere else does not need to be physically harmed to be the victim of domestic violence. It is possible for an individual to be abused sexually, financially or emotionally as well. It is important to note that a person does not need to experience a major injury to be a victim of physical abuse. Unlike physical abuse, emotional abuse may be difficult for a person to recognize.
In the state of Texas, the same elements apply to both assault and battery cases. A person commits assault if he or she makes contact with another individual with an intent to injure him or her. It may also be assault if a person makes contact with another in a manner that would reasonably be expected to cause harm. Someone who threatens to harm another person or his or her family member could also be charged with a crime.