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
Dallas assault cases begin taking shape immediately after an arrest. Police reports, witness statements, and early evidence influence how the Dallas County District Attorney’s Office evaluates the allegations and determines what charges to pursue.
Many people believe an assault case disappears if the alleged victim no longer wants to participate. That belief creates serious problems. Prosecutors, not the alleged victim, decide whether a case moves forward, and they regularly continue cases even when the complaining witness asks for dismissal.
Early decisions matter. Speaking with a defense lawyer before the case gains momentum provides a clearer understanding of the charges, the evidence, and the issues that may affect the outcome.
Call the Law Offices of Richard C. McConathy at (972) 233-5700 or contact our office online to discuss your case and understand where things stand.
Richard C. McConathy has been inside Dallas County courtrooms since 2002. That means more than two decades of watching how the Criminal District Courts at the Frank Crowley Courts Building handle assault cases, how specific judges approach bond hearings and pre-trial motions, and what the Dallas County DA’s office prioritizes when deciding whether to fight a case or negotiate one.
Our attorneys have appeared in all five Criminal District Courts at the Frank Crowley Courts Building at 133 N. Riverfront Blvd. We know how individual courts move their assault dockets and how the Family Violence Division handles cases where a domestic relationship is alleged. That familiarity has a real effect on how we advise clients and which defense strategies we pursue.
McConathy Law has handled more than 6,000 criminal cases across Dallas County and North Texas, with over 1,000 dismissals and reductions. A portion of those involve assault charges at every level, from Class B misdemeanor contact cases to second-degree felony aggravated assault. Past results do not guarantee future outcomes, but that volume reflects genuine courtroom experience across a wide range of assault fact patterns.
Arrests happen at night, on weekends, and on holidays. Our team answers 24 hours a day and may be able to begin working on your case within hours of your call, including reaching out regarding bond conditions before your first court setting.
Call (972) 233-5700 now or contact us online. The consultation is free and confidential.
Texas assault law covers more ground than most people realize. Under Texas Penal Code Section 22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person, intentionally or knowingly threatens someone with imminent bodily injury, or intentionally or knowingly makes physical contact with another person that the person finds offensive or provocative. You do not have to hurt someone to be charged.
Standard assault without aggravating factors is typically a Class A or Class B misdemeanor in Texas. The charge escalates to a felony when certain circumstances apply. Several specific factors trigger that escalation under Texas law:
Texas prosecutors look for these elements immediately after reviewing a police report:
Assault penalties in Texas range from fines and a short county jail stay at the low end to decades in state prison at the high end. Where your case lands depends on the charge level, your criminal history, and the specific facts prosecutors can prove.
Class B misdemeanor assault carries a maximum of 180 days in county jail and fines up to $2,000. Class A misdemeanor assault, which covers most cases involving bodily injury to a non-family member, carries up to one year in county jail and fines up to $4,000. A misdemeanor conviction still creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing.
Felony assault sentencing ranges in Texas break down by degree. The ranges below reflect standard punishment absent prior convictions that may trigger enhancement:
| Offense Level | Common Circumstances | Potential Penalty |
| Third-Degree Felony | Assault against a family or household member with a prior family violence conviction, or assault involving impeding breathing or circulation | Two to ten years in the Texas Department of Criminal Justice and a fine of up to $10,000 |
| Second-Degree Felony | Aggravated assault involving a deadly weapon | Two to twenty years in state prison and a fine of up to $10,000 |
| First-Degree Felony | Certain aggravated assaults involving protected victims or other circumstances defined by Texas law | Five to 99 years or life in prison and a fine of up to $10,000 |
Dallas assault charges can be fought, reduced, or dismissed in many cases. The prosecution must prove each element of the charge beyond a reasonable doubt, and that standard is harder to meet than many people assume when they are first charged.
Texas Penal Code Section 9.31 permits a person to use force against another when they reasonably believe force is immediately necessary to protect themselves against the other person’s use of unlawful force. Texas does not require a person to retreat before using force in self-defense. If the facts support a self-defense argument, that defense may completely negate the charge, and the prosecution bears the burden of disproving it beyond a reasonable doubt once the defense is raised.
Most Dallas assault cases come down to the quality of evidence on both sides. Prosecutors rely on police reports, photographs, medical records, and witness statements. When those pieces contradict each other or are missing entirely, the case weakens. Defense attorneys look for inconsistencies across the following types of evidence:
Evidence worth examining early in any Dallas assault case includes:
Assault cases in Dallas County move through a predictable sequence, but the timing and specific procedural details vary depending on the charge level. Understanding what comes next helps you prepare and avoid mistakes that hurt your defense.
After an arrest in Dallas County, most people are booked at the Lew Sterrett Justice Center at 111 W. Commerce St. A magistrate judge typically holds a hearing within 24 to 48 hours, sets bond, and informs you of your charges and rights under Article 15.17 of the Texas Code of Criminal Procedure.
No. In Dallas County, the decision to pursue or dismiss assault charges belongs to the District Attorney’s office, not the alleged victim. The DA’s Family Violence Division is specifically staffed to handle cases even when complainants later recant or decline to cooperate. Prosecutors sometimes subpoena unwilling witnesses and proceed based on physical evidence alone. Many people assume charges disappear when the other person stops cooperating, but that is not how Dallas County handles these cases in practice.
A: Yes, it may still go forward. In Dallas County, the District Attorney's office decides whether to prosecute, not the alleged victim. Even if the complainant recants or refuses to cooperate, prosecutors may proceed using police reports, body camera footage, medical records, or other physical evidence.
A: You may be able to get an assault charge expunged in Texas if the charge was dismissed or you were acquitted at trial. A conviction for assault family violence, generally cannot be expunged or sealed. An attorney can review your specific outcome and tell you what options may apply.
A: Yes, you may still be charged even if you acted in self-defense. Police often charge both parties or the person who caused more visible injury regardless of who started the confrontation. Self-defense is a legal defense that gets raised and argued during the case, not a reason police use to decline an arrest at the scene.
Aggravated assault in Texas involves either serious bodily injury or the use or exhibition of a deadly weapon during the offense. Standard assault under Texas Penal Code Section 22.01 requires neither element. The difference affects the felony classification, sentencing range, and how aggressively Dallas County prosecutors pursue the case.
Yes, witnesses do not guarantee a conviction. Witness credibility, consistency of statements across multiple interviews, and whether the witnesses actually observed what they claim to have seen all affect how useful that testimony is at trial.
Generally, yes. A misdemeanor assault conviction in Texas creates a permanent criminal record unless the case is later expunged, which requires specific conditions like acquittal or dismissal. If you were convicted, even with a deferred adjudication that resulted in dismissal, expunction eligibility depends on the specific charge and outcome.
Bond amounts for assault charges in Dallas County vary based on the charge level, your criminal history, and any flight risk factors. Misdemeanor assault bonds may range from a few hundred to several thousand dollars. Felony assault or aggravated assault bonds in Dallas County often range from $10,000 to $50,000 or higher depending on circumstances. An attorney may file a motion to reduce bond at your initial magistrate hearing.
The Law Offices of Richard C. McConathy has been working Dallas County courtrooms for more than two decades. We have handled assault cases from first appearances at the Frank Crowley Courts Building through jury verdicts, and we know how the process works at every stage. What you do in the next few days matters more than most people realize.
Call (972) 233-5700 now for a confidential case review at no charge. You may also reach us through our online contact form or visit our Dallas office at 3710 Rawlins St., Suite 1408, Dallas, TX 75219. Get clear answers about your charge, your options, and your timeline before your next court date.
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.
