1. CARL CEDERASSAUL T ANDBAT TERY 2. Please note: This slideshow post does not constitute legaladvice. For legal advice, please do contact a licensedattorney. 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 MAYBE A VIOLAT ION OF THE TEXAS CONTROL LEDSUBSTANCES ACT . IN ORDER CONVICT FOR DRUGPOSSESSION, A PROSECUTOR MUST BE ABLE TOPROVE BEYOND A REASONABLE DOUBT THAT THEDEFENDANT INTENT IONAL LY AND KNOWINGLYPOSSESSED OR CONTROL LED A AN I L L ICI T DRUGWHICH THEY DO NOT HAVE A VAL ID PRESCRIPT IONFROM A DOCTOR FOR MEDICAL PURPOSES.UNDER TEXAS LAW, THERE ARE FOUR CLASSES OFDRUGS. 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 UPIMAGES OF A TYPICAL F IGHT OR BRAWL , AND SOMESTATES EVEN COMBINE THE TWO OF FENSES.HOWEVER, THESE TERMS ARE ACTUAL LY TWOSEPARATE LEGAL IDEAS WI TH THEIR OWN ELEMENTS.IN SHORT , AN ASSAUL T IS DEF INED AS AN AT TEMPTOR THREAT OF INJURY TO ANOTHER PERSON, WHI LEA BAT TERY IS DEF INED AS ACTUAL LY STRIKINGANOTHER PERSON IN A HARMFUL . IN TEXAS, THEELEMENTS FOR ASSAUL T AND BAT TERY ARE THESAME. 5. Proof of Assault and BatteryONE OF THE FOL LOWING NEEDS TO APPLY FOR APROSECUTOR TO PROVE ASSAUL T AND BAT TERY: THE DEFENDANT KNOWINGLY, INTENT IONAL LY, ORRECKLESSLY CAUSED BODI LY INJURY TO THE INTENDEDVICT IM. THE DEFENDANT KNOWINGLY, INTENT IONAL LY, ORKNOWINGLY THREATENED THIS VICT IM WI TH IMMINENTBODI LY HARM. THE DEFENDANT KNOWINGLY, INTENT IONAL LY, ORKNOWINGLY CAUSED PHYSICAL CONTACT WI TH THISVICT IM WHEN THE DEFENDANT SHOULD HAVEREASONABLY BEL IEVED THAT THIS VICT IM WOULDREGARD THE CONTACT AS OF FENSIVE OR PROVOCAT IVE. 6. Defenses to Assault and Battery Charges INTOXICAT ION (NOTE: I T CANNOT BE VOLUNTARYINTOXICAT ION) AGE (E.G. I F VICT IM IS A CHI LD AND DEFENDANTWAS ALSO A CHI LD AS WEL L AT THE T IME OF THECRIME) 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 TERYCONVICT IONS RANGE FROM A "CLASS C"MISDEMEANOR (MONETARY F INE OF UP TO $ 5 0 0 ) TO ASECOND DEGREE FELONY ( TWO TO TWENTY YEARS INPRISON AND A F INE OF NO MORE THAN $ 1 0 , 0 0 0 ) .THE PRIMARY FACTORS THAT INF LUENCE WHICHTYPE OF PENAL TY IS L IKELY TO BE IMPOSED ARE THEFOL LOWING: VICT IM'S RELAT IONSHIP TO THEDEFENDANT ; DEFENDANT 'S PAST CONVICT IONS, ORLACK THEREOF ; WHETHER SUF FOCAT ION ORSTRANGULAT ION WAS INVOLVED -