Battery is generally a harmful or offensive contact with another person, without the person’s consent. Battery may be the basis for a criminal charge or offense. The definition and penalties for battery vary from state to state, and are usually located in a state's penal or criminal code (statutes). In some states the crimes of assault and battery are merged into one criminal offense.
Battery is also recognized in tort law as an intentional tort, and may result in civil liability (money damages) in a lawsuit against a person who commits battery.
In Texas, the term 'battery' is not used explicitly in the criminal statutes; instead, the state refers to offenses involving physical contact as 'assault.' Under Texas law, assault can range from threatening someone with imminent bodily injury to actual physical contact that causes harm. The Texas Penal Code defines assault under Section 22.01, which includes intentionally, knowingly, or recklessly causing bodily injury to another, threatening someone with imminent bodily injury, or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. The penalties for assault in Texas can vary widely depending on the circumstances, such as the severity of the injury, the use of a weapon, and the victim's status (e.g., if the victim is a public servant or a family member). Assault can be charged as a misdemeanor or felony, with more severe penalties for aggravated assault. In civil law, a victim of battery in Texas can file a lawsuit seeking monetary damages for the intentional tort of battery, which involves harmful or offensive contact without consent. The plaintiff must prove that the defendant acted with intent to cause harmful or offensive contact, and that such contact did occur, resulting in damages.
