In Texas, assault (battery) can be charged as either a misdemeanor or a felony, depending on the circumstances of the offense. The classification of an assault charge generally depends on factors such as the severity of the injury caused, whether a weapon was used, and the relationship between the offender and the victim. Here is what you should know:
- Class C Misdemeanor: The least severe form of assault, a Class C misdemeanor typically involves offensive or provocative contact without bodily injury.
- Class B Misdemeanor: A more serious level of assault, a Class B misdemeanor might occur in cases involving threats of violence or very minor injuries.
- Class A Misdemeanor: This classification is for assaults that cause significant bodily injury but injuries that are not considered to be serious.
- Third-Degree Felony: Assault is a felony of the third degree if it is committed against a protected person, such as a public servant or emergency services personnel,
- Second-Degree Felony: Assault is charged as a second-degree felony that results in serious bodily injury, or that involves the use of a deadly weapon.
Criminal penalties for battery in Texas vary widely depending on the classification of the charge. With a class C misdemeanor assault offense, a person may face limited (but some) risk of jail time. On the other hand, a second-degree felony charge can carry up to 20 years in prison.