How to Sue Someone for Assault and Battery in Texas

To charge an individual with assault and battery in Texas, the prosecution has to prove that a defendant recklessly, intentionally, or knowingly:

• Caused bodily injury to another individual
• Caused physical contact that was offensive or provocative to the other individual
• Threatened another individual with imminent bodily injury

The severity of the charges that a defendant will face can vary depending on factors such as:

• Whether or not a weapon was used
• The extent of the victim’s injuries
• The status of the victim
• The defendant’s prior criminal history

Examples of specific conduct that may be considered assault and battery include:

• Strangling or choking another individual
• Punching another individual during a fight and causing visible injuries
• Touching another individual in a way that is inappropriate without causing physical injuries

Assault and battery are classified as intentional torts, meaning that they are both the result of an intentional act by a tortfeasor, or individual who commits a tortious act. Because of this, they may serve as the basis for a civil lawsuit.

Additionally, all states have criminal statutes for assault and battery. This means that an individual can also face prosecution and, if convicted, jail time and criminal fines.

Even though the criminal and civil assault and battery laws are based on the same conduct, they do have different legal burdens of proof. In addition, even though they are often lumped together, the terms do have separate meanings.

Assault is a threat or attempt made by an individual that puts another individual in fear of imminent bodily harm. Battery is harmful or offensive contact made with another individual.

In other words, battery is essentially a completed assault. For example, picking up a brick and throwing it at an individual but not hitting them is assault, but if the brick makes contact with their body, it becomes battery.

The elements required to prove civil assault and criminal assault as well as civil battery and criminal battery are often very similar. It is important to be aware that the intent of the defendant is not an issue in a battery offense.

In other words, it does not matter whether or not the defendant meant for a battery to occur, only that they intended to cause imminent fear of physical harm to the other individual that resulted in contact. For example, if an individual throws a ball at someone only to scare them but the ball ends up hitting them in the face, the thrower may be charged with battery or sued for civil battery.

For more information on assault and battery charges in Texas, it is important to have a lawyer consultation with a local attorney. A local Texas lawyer can provide information on the specific laws in Texas and the elements that the prosecution or plaintiff must prove to have a successful conviction or lawsuit.

What Can I Do if I Am a Victim of an Assault and Battery?

If an individual has been a victim of an assault or battery, it is important that they contact local law enforcement and file a report. In some cases, a criminal assault or battery may result in a victim being able to get a temporary restraining order or emergency protective order, to protect them from any future assault or battery attempts by the defendant.

A police report may also be used as evidence to prove fault in a civil claim made by a plaintiff for damages they suffered as a result of the assault or battery.

If someone has been the victim of an assault or battery, they may be able to obtain funds from a victims’ compensation fund. This is a government program that provides funds to reimburse victims of violent crimes for medical bills and other associated out-of-pocket expenses.

All states have similar types of programs that often cover medical and dental expenses, counseling costs, lost wages, or, in severe cases, funeral or burial expenses. An individual’s lawyer can give them more information on the availability of these funds.

What Should I Do if I Have Been Charged With Assault and Battery?

If an individual is facing assault and battery charges, they should consult with a criminal defense attorney who can help them through the legal process and assert any available defenses.

When an individual is facing criminal assault and battery charges, they may face incarceration, criminal fines, or both. An individual will most likely need to contact a lawyer after they have been arrested or are being interrogated by law enforcement.

The defendant may be able to post bail. They will also be required to attend an arraignment where they enter their plea. An individual’s lawyer may be able to negotiate a plea agreement with the prosecution.

If an individual has been sued in civil court for assault and battery, they are likely facing a demand for monetary compensation for injuries suffered. A defendant is required to respond to a lawsuit within 30 days. An individual’s attorney will handle this response and include any available defenses.

Both criminal charges and a civil lawsuit can be brought against a defendant at the same time. This means it may be necessary to consult with a criminal lawyer and a personal injury defense attorney.

What Are Some Civil and Criminal Defenses to an Assault and Battery Charge?

There may be certain defenses available in both criminal and civil assault and battery cases. Examples of defenses that may be available in both criminal and civil assault and battery cases include:

• Self-defense: Self-defense means that the plaintiff was the aggressor and the defendant committed assault and battery to protect themselves.
• Privilege: There are some categories of individuals, such as law enforcement officers, that have the privilege to commit assault and battery, such as when a suspect is being placed under arrest.
• Consent: The plaintiff may have consented to being touched, for example, if they participate in a sporting event where being hit by an object is a known risk.
• Denial of elements: A plaintiff has to prove all elements of the assault or battery. If one of the elements is not proven, the charges or claim will not be successful.

What Is the Statute of Limitations for Assault and Battery Charge?

Under Texas assault laws, the statute of limitations for assault and battery is two years from the date of the incident. This means that, if an individual waits more than two years to file their lawsuit, they may be barred from receiving damages.

In Texas, if an assault is classified as a felony, the statute of limitations is three years from the incident for criminal charges. If the assault is classified as a misdemeanor, the statute of limitations is two years from the incident.

To find out more information about what statutes of limitations may apply to assault and battery charges in Texas, an individual should consult with a Texas criminal defense attorney.

Should I Hire an Attorney for Help With Assault and Battery Claims?

If you have been a victim of assault and battery, it is important to inform your local authorities to obtain protection from future offenses. Once you have reported the offense to local law enforcement, you may be able to sue the defendant in civil court.

A Texas personal injury attorney can guide you through the legal process that is required to bring a civil lawsuit for assault and battery and recover damages. If you are facing a civil lawsuit for assault and battery, your lawyer can evaluate the claim against you and what defenses you may be able to assert.

If you are facing criminal assault and battery charges, you should also consult with a criminal defense attorney as soon as you can. Your defense lawyer can present any defenses available to the charges against you in court and represent you through the process.

LegalMatch can help you find a lawyer whether you need a personal injury attorney or criminal attorney in Texas. In as little as 15 minutes, you can take advantage of the no cost lawyer matches services provided by LegalMatch that connect you to licensed and pre-screened lawyers near you.