Carl Ceder reviews Assault and Battery in Texas. This slideshow does not consitiute legal advice. For a free consultation, call 214.702.CARL(2275) or 469.2000.DWI(394). Check out http://carlceder.net
2. Please note: This slideshow post does not constitute legal
advice. For legal advice, please do contact a licensed
attorney. I can be reached for a free consultation at 214-
702-CARL(2275) or 469.2000(DWI). Thanks, Carl Ceder.
3. Texas Drug Possession Laws:
POSSESSION OF CONTROL LED OR I L L ICI T DRUGS MAY
BE A VIOLAT ION OF THE TEXAS CONTROL LED
SUBSTANCES ACT . IN ORDER CONVICT FOR DRUG
POSSESSION, A PROSECUTOR MUST BE ABLE TO
PROVE BEYOND A REASONABLE DOUBT THAT THE
DEFENDANT INTENT IONAL LY AND KNOWINGLY
POSSESSED OR CONTROL LED A AN I L L ICI T DRUG
WHICH THEY DO NOT HAVE A VAL ID PRESCRIPT ION
FROM A DOCTOR FOR MEDICAL PURPOSES.
UNDER TEXAS LAW, THERE ARE FOUR CLASSES OF
DRUGS. MARI JUANA IS EVALUATED ON I TS OWN,
SEPARATED FROM THESE FOUR CLASSES OF DRUGS.
4. About:
ASSAUL T AND BAT TERY CAN OF TEN CONJURE UP
IMAGES OF A TYPICAL F IGHT OR BRAWL , AND SOME
STATES EVEN COMBINE THE TWO OF FENSES.
HOWEVER, THESE TERMS ARE ACTUAL LY TWO
SEPARATE LEGAL IDEAS WI TH THEIR OWN ELEMENTS.
IN SHORT , AN ASSAUL T IS DEF INED AS AN AT TEMPT
OR THREAT OF INJURY TO ANOTHER PERSON, WHI LE
A BAT TERY IS DEF INED AS ACTUAL LY STRIKING
ANOTHER PERSON IN A HARMFUL . IN TEXAS, THE
ELEMENTS FOR ASSAUL T AND BAT TERY ARE THE
SAME.
5. Proof of Assault and Battery
ONE OF THE FOL LOWING NEEDS TO APPLY FOR A
PROSECUTOR TO PROVE ASSAUL T AND BAT TERY:
• THE DEFENDANT KNOWINGLY, INTENT IONAL LY, OR
RECKLESSLY CAUSED BODI LY INJURY TO THE INTENDED
VICT IM.
• THE DEFENDANT KNOWINGLY, INTENT IONAL LY, OR
KNOWINGLY THREATENED THIS VICT IM WI TH IMMINENT
BODI LY HARM.
• THE DEFENDANT KNOWINGLY, INTENT IONAL LY, OR
KNOWINGLY CAUSED PHYSICAL CONTACT WI TH THIS
VICT IM WHEN THE DEFENDANT SHOULD HAVE
REASONABLY BEL IEVED THAT THIS VICT IM WOULD
REGARD THE CONTACT AS OF FENSIVE OR PROVOCAT IVE.
6. Defenses to Assault and Battery Charges
• INTOXICAT ION (NOTE: I T CANNOT BE VOLUNTARY
INTOXICAT ION)
• AGE (E.G. I F VICT IM IS A CHI LD AND DEFENDANT
WAS ALSO A CHI LD AS WEL L AT THE T IME OF THE
CRIME)
• INSANI TY
• SEL F -DEFENSE
• NO OF FENSE OCCURRED
• UNINTENT IONAL OR MISTAKE
• LACK OF KNOWLEDGE
7. Penalties for Assault and Battery:
PENAL T IES IN TEXAS FOR ASSAUL T AND BAT TERY
CONVICT IONS RANGE FROM A "CLASS C"
MISDEMEANOR (MONETARY F INE OF UP TO $ 5 0 0 ) TO A
SECOND DEGREE FELONY ( TWO TO TWENTY YEARS IN
PRISON AND A F INE OF NO MORE THAN $ 1 0 , 0 0 0 ) .
THE PRIMARY FACTORS THAT INF LUENCE WHICH
TYPE OF PENAL TY IS L IKELY TO BE IMPOSED ARE THE
FOL LOWING: VICT IM'S RELAT IONSHIP TO THE
DEFENDANT ; DEFENDANT 'S PAST CONVICT IONS, OR
LACK THEREOF ; WHETHER SUF FOCAT ION OR
STRANGULAT ION WAS INVOLVED -