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If you were arrested for battery in Austin, you may be surprised to learn that Texas does not have a separate battery offense. Instead, conduct commonly called battery is generally prosecuted as assault under Texas law, and the penalties can range from a fine to years in prison depending on the circumstances. When your future is at stake, you need an Austin battery lawyer who knows how to challenge the state's case and protect your rights.
LaVine Law Firm defends clients throughout Travis County against assault and battery-related charges. Our attorneys investigate the facts, challenge weak evidence, and pursue the best possible outcome in every case.
Call 713-428-2264 today for a free confidential case evaluation.
Being charged with assault can have lasting consequences, including jail time, fines, and a permanent criminal record. At LaVine Law Firm, we understand how much is on the line, and we fight aggressively to protect your freedom and your future.
Here is why clients trust our team:
We also offer flexible payment plans because everyone deserves experienced legal representation when facing serious criminal charges.
Call LaVine Law Firm today at 713-428-2264 for a free confidential case evaluation.
No. Texas law does not recognize battery as a separate criminal offense.
Instead, conduct commonly referred to as battery is generally prosecuted as assault under Texas Penal Code § 22.01. Depending on the alleged conduct, prosecutors may file misdemeanor or felony assault charges.
Although many people use the term "battery," Texas prosecutors typically pursue one of several assault-related offenses. The specific charge depends on the alleged conduct, the extent of any injuries, and the identity of the alleged victim.
A person may be charged with assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. Depending on the circumstances, this offense may be charged as a misdemeanor or enhanced to a felony.
Texas law also prohibits intentionally or knowingly making physical contact that another person would reasonably find offensive or provocative. While often charged as a misdemeanor, the facts surrounding the incident can significantly affect how the case is prosecuted.
A person can face assault charges without making physical contact if they intentionally or knowingly threaten another person with imminent bodily injury. Prosecutors must prove the alleged threat meets the legal requirements under Texas law.
An assault charge may become aggravated assault when it involves serious bodily injury or the use or exhibition of a deadly weapon. Aggravated assault is a felony offense that carries substantially harsher penalties than misdemeanor assault.
The penalties for an assault conviction depend on the specific offense, the alleged victim, and whether aggravating circumstances are present. Depending on your case, you may face:
A conviction may also result in:
More serious assault offenses may result in:
An assault conviction may also lead to:
Every assault case is different, and the strongest defense depends on the facts surrounding your arrest. At LaVine Law Firm, we carefully examine the evidence to identify weaknesses in the prosecution's case and build a strategy designed to protect your future.
Texas law allows people to use reasonable force to protect themselves from unlawful force. If you acted to defend yourself, we work to show that your actions were legally justified.
You may also have the right to use force to protect another person from immediate harm. We investigate the circumstances to determine whether your actions were lawful under Texas law.
Many assault charges require prosecutors to prove you acted intentionally, knowingly, or recklessly. If the incident was accidental or misunderstood, we challenge whether the state can prove the required mental state.
False accusations can arise during family disputes, relationship conflicts, or heated arguments. We uncover inconsistencies, motives to fabricate claims, and evidence that supports your side of the story.
The prosecution must prove every element of the offense beyond a reasonable doubt. When the evidence is weak, inconsistent, or unreliable, we fight to have charges reduced or dismissed.
The decisions you make immediately after an arrest can significantly affect your case. Taking the right steps early can help protect your rights and strengthen your defense.
Yes. Depending on the facts of your case, assault charges may be reduced or dismissed. Our attorneys carefully evaluate every case to identify legal and factual weaknesses that can improve the outcome.
If prosecutors cannot prove every element of the offense beyond a reasonable doubt, they may have difficulty obtaining a conviction. We expose weaknesses in the evidence at every stage of the case.
Evidence obtained through unlawful searches, illegal seizures, or violations of your constitutional rights may be excluded from court. We aggressively pursue motions to suppress improperly obtained evidence.
Witnesses sometimes provide inconsistent statements or have motives to exaggerate or fabricate allegations. We investigate their credibility and challenge unreliable testimony.
When appropriate, we negotiate with prosecutors to pursue reduced charges, alternative sentencing options, or other favorable resolutions that protect your future.
The hours and days following an arrest are often the most important in a criminal case. Early legal representation allows your attorney to begin protecting your rights before critical evidence disappears or the prosecution gains momentum.
Surveillance footage, phone records, and witness memories can disappear quickly. We act immediately to preserve evidence that may strengthen your defense.
Our team interviews witnesses, reviews police reports, and examines the circumstances surrounding your arrest to uncover facts that support your case.
Early communication with prosecutors may create opportunities to resolve misunderstandings, present favorable evidence, or negotiate reduced charges before the case progresses.
Every case is prepared as though it may proceed to trial. Building a strong defense early allows us to respond effectively whether your case is resolved through negotiation or presented before a jury.
An assault charge can affect your freedom, your career, and your reputation, but you do not have to face it alone. At LaVine Law Firm, we aggressively defend clients throughout Austin and Travis County against misdemeanor and felony assault charges, working to protect their rights and pursue the best possible outcome.
Call LaVine Law Firm today at 713-428-2264 for a free, confidential case evaluation, and let our experienced Austin battery lawyer begin building your defense.
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