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CARL CEDER 
ASSAUL T AND 
BAT TERY
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.
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.
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.
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.
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
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 -

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Carl Ceder - Assault and Battery

  • 1. CARL CEDER ASSAUL T AND BAT TERY
  • 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 -