Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
One of the most common surprises in Texas assault cases is the charge level. A situation that felt minor at the time produces a felony filing, and a complainant who wants to drop the matter has no authority to make that happen because Texas prosecutors, not the named complainant, control whether the case continues.
The Law Offices of Richard C. McConathy defends assault charges across Texas, from Class C misdemeanors in municipal courts to first-degree felony aggravated assault in Criminal District Courts, with over 35 years of direct courtroom experience and a free consultation available 24/7.
Texas assault law classifies charges based on three variables that most defendants do not understand going in: the type of physical contact alleged, the presence of a deadly weapon, and whether the incident caused bodily injury or serious bodily injury.
Each variable changes the court, the sentencing range, and the collateral consequences that attach to a conviction. Richard McConathy reviews those variables against the actual evidence in every new case before any plea is discussed.
Call (972) 233-5700 now or contact us online for a free, confidential consultation available around the clock.
McConathy Law defends Texas assault charges with 35+ years of courtroom experience across Dallas County, Tarrant County, Denton County, Collin County, and courts throughout North Texas.
Richard McConathy is a member of the Dallas Criminal Defense Lawyers Association, served as Treasurer of the Dallas Bar Association Criminal Law Section, and handles every assault case personally with no handoffs to associates or case managers.
The firm has handled over 6,000 criminal cases with more than 1,000 dismissals, including assault cases where early body camera and 911 recording review identified inconsistencies the police report did not capture.
An assault arrest does not follow a schedule, and neither does this firm’s availability. Richard McConathy is available around the clock for a free, confidential case review. Call (972) 233-5700 or contact us online any time to speak directly with Richard McConathy about your Texas assault charge.
Texas classifies assault charges based on the specific conduct alleged, not just whether physical contact occurred. Texas Penal Code Section 22.01 covers standard assault, and Texas Penal Code Section 22.02 covers aggravated assault. The classification determines which court handles the case, whether a grand jury indictment is required, and what the sentencing range looks like.
The table below reflects how Texas assault charges are classified and what each level carries in terms of penalties:
| Charge | Classification | Penalty Range | Key Trigger |
| Assault by threat or offensive contact | Class C misdemeanor | Fine only, up to $500 | No bodily injury; provocative or threatening contact |
| Assault causing bodily injury | Class A misdemeanor | Up to 1 year in county jail, up to $4,000 fine | Intentional, knowing, or reckless bodily injury |
| Assault family violence (first offense, bodily injury) | Class A misdemeanor | Up to 1 year in county jail, up to $4,000 fine | Bodily injury to family or household member |
| Assault family violence (prior conviction) | Third-degree felony | 2 to 10 years state prison, up to $10,000 fine | Any prior family violence conviction on record |
| Assault by strangulation (first offense) | Third-degree felony | 2 to 10 years state prison, up to $10,000 fine | Impeding breathing or blood circulation |
| Aggravated assault (deadly weapon or serious bodily injury) | Second-degree felony | 2 to 20 years state prison, up to $10,000 fine | Deadly weapon used or serious bodily injury caused |
| Aggravated assault (public servant, witness, or family member with deadly weapon) | First-degree felony | 5 to 99 years or life, up to $10,000 fine | Victim status or family member with deadly weapon |
A Class A misdemeanor assault case is heard in a county court at law. A felony assault case is heard in a Criminal District Court after grand jury indictment. Those two courts operate differently, move on different timelines, and require fundamentally different defense approaches.
Texas Penal Code Section 1.07(a)(8) defines bodily injury as physical pain, illness, or any impairment of physical condition. That definition is intentionally broad. A complainant who reports pain without visible injury still provides the prosecution with a legally sufficient bodily injury claim. The absence of photographs or medical records does not automatically defeat a Class A misdemeanor assault charge, which is why the defense focuses on what the available evidence actually shows rather than what is missing.
No. A complainant’s request to drop an assault charge in Texas does not end the prosecution. The state of Texas, acting through the district attorney’s office or city attorney’s office, controls whether the case continues, and that decision does not require the complainant’s cooperation or consent.
Texas prosecutors in Dallas County, Tarrant County, and courts across the state pursue assault cases using evidence that does not depend on the complainant’s testimony. Body camera footage, 911 recordings, medical records, officer observations documented in the arrest report, and photographs of visible injuries each stand independently.
A complainant who recants, refuses to appear, or actively requests dismissal affects the prosecution’s evidentiary position but does not automatically produce a dismissal.
The practical impact of recantation depends on how much independent evidence the prosecution holds. A case built primarily on the complainant’s statement, with no corroborating physical evidence and no independent witnesses, becomes significantly more difficult to prosecute after recantation.
An attorney who reviews the full evidence file in the first week of a case identifies which category your case falls into, and that assessment directly shapes the defense strategy from the first court date forward.
Texas assault defense strategies depend on the specific charge, the available evidence, and the facts that the prosecution plans to use to prove each element. Richard McConathy reviews the body camera footage, the 911 recording, any surveillance footage, witness statements, and medical documentation before forming any assessment of the defense position.
The most productive defense strategies in Texas assault cases involve the following areas of challenge:
A Texas assault conviction does not end at the sentence. A Class A misdemeanor conviction creates a permanent criminal record that appears on background checks indefinitely and could affect employment, housing applications, and professional licensing. Texas assault convictions produce the following consequences that extend beyond the courtroom:
The full picture of an assault conviction’s consequences rarely appears in the charge paperwork, and defendants who enter pleas without understanding that picture routinely discover consequences they did not anticipate when they signed.
A Texas assault conviction is not eligible for expunction. An assault arrest that resulted in dismissal, acquittal, or a successful deferred adjudication followed by an order of nondisclosure may qualify for record relief, but a conviction stays on the public record permanently.
The most effective way to protect your record is to avoid a conviction through dismissal, charge reduction, or deferred adjudication before any guilty plea is entered.
Standard assault under Texas Penal Code Section 22.01 covers threats and bodily injury without a deadly weapon. Aggravated assault under Texas Penal Code Section 22.02 adds either a deadly weapon or serious bodily injury, which elevates the charge to a second-degree felony carrying two to twenty years in state prison.
The presence of a weapon or the severity of the injury, not the intent to commit a more serious offense, drives the classification difference.
Most Texas assault cases resolve before trial through dismissal, charge reduction, or deferred adjudication rather than a jury verdict. Pre-trial motion practice, early evidence review, and direct negotiation with the assigned prosecutor determine what resolution options exist before a trial date is set.
Cases with strong pre-trial defense files consistently produce better-negotiated outcomes than cases where the defense waits for trial to present its position.
Deferred adjudication for a Texas assault charge is a form of probation where no final conviction is entered if the defendant completes the supervision period without violation, under Texas Code of Criminal Procedure Article 42A.102.
The arrest and deferred adjudication remain visible on the record, but some defendants later qualify for an order of nondisclosure that seals the record from most public access. Deferred adjudication is not available for all assault charge levels and depends on the specific facts and the defendant's prior record.
Yes, Texas assault charges get reduced to lesser offenses through pre-trial negotiation when the defense identifies evidentiary weaknesses, the complainant's cooperation is limited, or the facts support a lesser charge based on what the evidence actually shows.
A reduction from a felony to a misdemeanor, or from a Class A to a Class B misdemeanor, changes the sentencing exposure, the record consequences, and the licensing implications substantially.
Yes, retaining an attorney for a Class C misdemeanor assault in Texas is worth doing because a conviction creates a permanent criminal record visible on background checks. Class C misdemeanor assault charges carry a fine only, but the record consequence is not limited to the fine.
An attorney reviews whether dismissal or deferred disposition is available before any plea is entered, protecting the record from a conviction that a defendant who paid the fine never anticipated carrying permanently.
At a Texas assault arraignment, the defendant appears before the assigned court, the charge is formally entered on the record, and the defendant enters a plea of guilty, not guilty, or no contest. For misdemeanor assault cases in county courts at law, the arraignment is the first formal court date.
For felony assault cases, arraignment follows grand jury indictment and takes place in a Criminal District Court. No trial happens at an arraignment, but the bond conditions and any protective orders are addressed.
Richard McConathy has appeared in assault cases across Dallas County Criminal Courts at Law, Tarrant County Criminal District Courts, Denton County, Collin County, and courts across North Texas for over 35 years.
He handles every case personally, reviews the body camera footage and 911 recordings directly, and is available 24/7 for a free consultation.
The difference between a dismissal and a conviction in a Texas assault case is often decided in the pre-trial phase, not at trial. Get your case in front of an attorney who understands that before your next court date.
Call (972) 233-5700 or contact us online now.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
