Difference Between Assault and Battery in Texas Law

In many states, “assault” and “battery” are treated as separate criminal offenses. But in Texas, these terms are combined under a single statute: Texas Penal Code §22.01. That means if you're arrested for what might be called “battery” elsewhere, you’ll likely be charged with assault under Texas law.

This distinction—or lack thereof—confuses many people, especially those facing charges in Harris or Galveston County. In this post, we’ll break down the difference between assault and battery as it applies in Texas, explain why the distinction matters, and what you should do next if you’ve been charged.

What Is Assault in Texas?

Under Texas Penal Code §22.01, a person commits assault if they:

Intentionally, knowingly, or recklessly cause bodily injury to another person;
Intentionally or knowingly threaten another with imminent bodily injury; or
Intentionally or knowingly cause offensive or provocative physical contact with another.

That’s it. That’s everything Texas calls “assault.” The statute doesn't use the word "battery" at all.

So… What Is Battery, Then?

In other states, battery refers specifically to the act of causing physical harm—the actual touching or injuring of another person. Assault, in those jurisdictions, often refers only to the threat of harm.

But in Texas, both actions—the threat and the physical harm—fall under the single legal term “assault.” So, whether you threaten to punch someone or actually hit them, you’re being charged with assault, not “assault and battery.”

Key Differences at a Glance

Term	In Other States	In Texas
Assault	Threat of harm	Threat of harm OR causing harm
Battery	Physical contact or bodily injury	Not a legal term in Texas
Legal Charge	Often two separate charges (assault & battery)	One charge: assault

Why This Matters If You’re Facing Charges

If you're being charged in Harris or Galveston County, understanding this distinction can help you interpret your charges more clearly:

You won't see “battery” on the charge sheet—even if you caused physical harm.
The prosecutor doesn’t need to prove injury to pursue an assault charge. Threats or offensive contact are enough for a Class C misdemeanor, which still creates a criminal record.
All levels of physical confrontation, from threats to serious injury, fall under the same legal umbrella—assault.

This is especially important if you’ve moved from another state or have a criminal history elsewhere. Your understanding of what counts as “battery” may not match how Texas defines and prosecutes assault.