Falsely Accused of a Violent Crime in Texas? What to Do Next

Being falsely accused of a violent crime can unfold fast—and without warning.

A call is made. A report is filed. And before you have a chance to respond, a version of events is already in motion. These cases often begin in high-conflict situations—divorce, breakups, custody disputes—where the facts are incomplete but the consequences are immediate.

What you do next matters.

At the Law Offices of Richard C. McConathy, we defend clients across Dallas–Fort Worth facing serious allegations and know how quickly these cases take shape. If you’ve been accused, working with a Dallas Violent Crime Lawyer can help you take control early and challenge how the case is being built.

This guide explains how false accusations arise, the steps to protect your rights, and how a strong defense is built from the start.

Why False Accusations of Violent Crimes Happen

False or exaggerated accusations of violent crimes often arise out of conflict, not random malice. Common settings include:

• Divorce and custody disputes where one parent gains legal leverage by reporting violence
• Breakups and dating conflicts where emotions are intense and competing narratives form quickly
• Roommate or neighbor disputes that escalate into criminal complaints
• Workplace incidents where one party uses a report to displace blame
• Mistaken identification in unfamiliar settings, such as bars, parking lots, or apartment complexes

Even good-faith reports can be inaccurate. Memory, alcohol, stress, and pre-existing tension all influence how events are described.

What Counts as a “Violent Crime” in Texas

Texas law uses the phrase “violent crime” broadly. Charges that often arise from contested or false accusations include:

• Assault under Texas Penal Code § 22.01, including assault family violence
• Aggravated assault under § 22.02
• Sexual assault under § 22.011 and aggravated sexual assault under § 22.021
• Continuous violence against the family under § 25.11
• Unlawful restraint under § 20.02 and kidnapping under § 20.03
• Stalking under § 42.072
• Violation of a protective order under § 25.07

Penalties range from misdemeanors to first-degree felonies, depending on the offense, the alleged injury, and the relationship between the parties.

What to Do in the First 72 Hours

The early hours after an accusation often determine the trajectory of the case. The following steps generally apply in Texas:

• Do not speak with police without an attorney, even if you believe you can clear up the misunderstanding.
• Do not contact the alleged victim in any way. This includes texts, emails, social media messages, and contact through friends or family.
• Do not delete anything, especially text messages, emails, photos, social media posts, and video.
• Save your phone’s location data, app data, and any timestamps that can support your timeline.
• Identify potential witnesses who can confirm where you were and what happened.
• Note any injuries you suffered, since some cases involve mutual conduct that supports a self-defense theory.
• Speak with our attorneys before any voluntary interview, polygraph, or court appearance.

These steps preserve evidence, prevent additional charges (such as tampering with witnesses), and create the foundation for a strong defense.

Protective Orders and Family Violence Findings

A protective order can be put in place quickly in Texas, sometimes ex parte before the accused has a chance to respond. Common features include:

• Temporary ex parte orders under Texas Family Code Chapter 83, often issued the same day a petition is filed
• Final protective orders issued after a hearing under Texas Family Code Chapter 85
• Magistrate Orders for Emergency Protection (MOEP) under Texas Code of Criminal Procedure Article 17.292, often issued at the time of bond setting in family violence arrests

A protective order can affect housing, custody, work, and firearm rights immediately. Violating it, even unintentionally, is a separate criminal offense. Our attorneys regularly defend protective order hearings alongside the underlying criminal case.

Evidence That Supports a False Accusation Defense

In a false accusation case, the goal is to surface objective evidence that contradicts the accuser’s narrative. Useful types of evidence include:

• Phone records and text messages that show timing, mood, or location
• Social media posts and direct messages before and after the alleged event
• Surveillance video from doorbell cameras, businesses, and public spaces
• GPS and app location history from rideshare, fitness, and navigation apps
• Eyewitness statements from neutral third parties
• Medical records that contradict the alleged injury
• Family court filings, especially when motivation may be linked to a custody case

Defense work in these cases is often a race against deletion. Some platforms retain data for limited periods, and waiting can cost the defense the strongest evidence.

If you have been accused, speak with our Dallas Violent Crime attorney as soon as possible so we can begin preserving and gathering evidence.

Common Defense Strategies

Each case is different, but common themes include:

• Direct contradiction: Objective evidence shows that the alleged conduct did not happen or could not have happened as described.
• Self-defense or defense of another: The accused acted reasonably to protect themselves or someone else under Texas Penal Code Chapter 9.
• Mistaken identity: The accused was not the person involved.
• Motive bias: The accuser had a clear motive to fabricate or exaggerate, particularly in custody, divorce, or financial disputes.
• Inconsistent statements: Variations in the accuser’s account across police, medical, and protective order proceedings.
• Constitutional issues: Improper interrogations, illegal searches, or unlawful arrests may lead to suppression.

A strong defense often combines several of these strategies and presents them in a coherent, credible story.

How a False Accusation Affects Other Areas of Life

Even when the criminal case is winnable, false accusations create immediate collateral effects:

• Family law: A protective order or family violence finding can change custody and visitation overnight.
• Professional licensing: Healthcare, education, real estate, and other licensed professions may take action quickly on certain charges.
• Immigration: Non-citizens may face removal or admissibility issues based on charges, not just convictions.
• Employment and housing: Background screenings often pull pending cases.
• Firearms: Protective orders can suspend firearm rights immediately.

A coordinated defense addresses each of these consequences, not just the criminal docket.

Common Mistakes That Hurt the Defense

People accused of violent crimes often act on instinct in ways that hurt them:

• Trying to “explain” to the police without counsel
• Reaching out to the accuser to apologize, plead, or argue
• Posting on social media about the accusation
• Confronting witnesses to ask them to “tell the truth”
• Skipping court because they feel the case is bogus

Each of these can become evidence and may even support new charges. A defense lawyer’s early role is to keep clients off these landmines while building the case.

Why Choose the Law Offices of Richard C. McConathy

Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have defended clients in assault, family violence, sexual assault, and stalking cases across 16 counties in North Texas. We work to challenge weak narratives, surface objective evidence, and pursue dismissal or acquittal where possible.

If your case involves family or domestic violence allegations, it’s important to speak directly with a Dallas Domestic Violence Lawyer who understands how these cases are investigated and prosecuted.

For other violent crime charges—or if you’ve been falsely accused and aren’t sure how your case will be classified—our Criminal Defense Lawyer Dallas can review your situation and guide you on the best path forward. Contact us today for a free consultation.

Frequently Asked Questions

Why would someone falsely accuse me of a violent crime?

False accusations often arise out of conflict rather than malice. Custody disputes, breakups, financial conflicts, and workplace tensions are common triggers. Some accusations begin as genuine but inaccurate beliefs that harden over time.

Should I talk to police if I’m innocent?

Generally, no, not without an attorney. Anything you say can be used against you, and innocent people often inadvertently say things that prosecutors later use to argue guilt. Our attorneys can communicate with investigators on your behalf.

What evidence helps in a false accusation case?

Objective evidence is the most powerful, including text messages, app data, location history, video, and witness statements. Family court filings can also reveal motive in cases tied to custody or divorce.

What should I do if there is a protective order against me?

Follow it strictly, even if you believe it is unfair. Violating a protective order is a separate criminal offense in Texas. Our attorneys can defend the protective order hearing and the underlying case at the same time.

How long do these cases take?

Timelines vary widely. Some cases resolve in weeks through dismissal or rejection by the prosecutor. Felony cases that go to trial may take many months. Early defense work often shortens the timeline by attacking the case at the charging or grand jury stage.