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Richard

Texas Criminal Defense Lawyers

A criminal charge in Texas affects your job, reputation, professional license, and your future long before a case reaches trial. The decisions you make early matter. Having an experienced Texas criminal defense lawyer in your corner helps you protect your rights and respond to the allegations against you.

McConathy Law has focused on criminal defense for over 35 years. Our team represents people accused of misdemeanor and felony offenses throughout Texas, with a strong presence in Dallas, Tarrant, Denton, Collin, and Parker counties. Criminal defense is not one of our many practice areas. It is the foundation of the firm.

If you have been arrested or are under investigation, call the Law Offices of Richard C. McConathy at 972-233-5700 for a free case evaluation.

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What Do Texas Criminal Defense Lawyers Do?

Texas criminal defense lawyers review the evidence against you, identify legal and procedural weaknesses in the prosecution’s case, and build a strategy aimed at dismissal, reduction, or acquittal. That process starts long before a trial date.

McConathy Law’s approach begins with the arrest itself. Law enforcement errors during a stop, search, or interrogation create grounds to suppress evidence. Breathalyzer calibration failures, chain-of-custody gaps, and Miranda violations have derailed prosecution cases that looked solid on paper. Identifying those issues early changes the trajectory of a case.

Richard C. McConathy is admitted to practice in Texas state courts and the U.S. District Court for the Northern District of Texas. He is a member of the Texas Criminal Defense Lawyers Association and the Dallas Criminal Defense Lawyers Association, and he previously served as Treasurer of the Dallas Bar Association Criminal Law Section.

What a Texas Criminal Defense Strategy Looks Like

The defense process in a Texas criminal case typically moves through these stages:

  • Arrest and arraignment: Charges are formally presented, and bail is set
  • Pre-trial motions: Your attorney challenges the admissibility of evidence and the legality of the arrest
  • Negotiation: Your attorney communicates directly with prosecutors about reduction or dismissal
  • Trial preparation: Witness strategy, evidence review, and jury selection planning
  • Trial or plea resolution: The case resolves through a verdict, a negotiated plea, or a dismissal

Pre-trial is where most cases are won or lost. Prosecutors know when their evidence has gaps, and an attorney who has spent decades in North Texas courtrooms knows how to find and press those gaps.

What is the Difference Between a Texas Felony and Misdemeanor Charges?

Texas separates criminal offenses into misdemeanors and felonies, and the classification determines the severity of punishment, which court handles the case, and the long-term consequences on your record.

Texas Misdemeanor Classifications

Texas misdemeanors fall into three categories under the Texas Penal Code:

  • Class C misdemeanor: Fine only, up to $500. This includes minor traffic violations
  • Class B misdemeanor: Up to 180 days in county jail and fines up to $2,000
  • Class A misdemeanor: Up to one year in county jail and fines up to $4,000

Texas Felony Classifications

Felony convictions in Texas result in state prison sentences, not county jail time, and carry consequences that follow you permanently:

  • State jail felony: 180 days to two years in a state jail facility
  • Third-degree felony: two to ten years in state prison
  • Second-degree felony: two to twenty years in state prison
  • First-degree felony: five to 99 years or life in state prison

The difference between a Class A misdemeanor and a state jail felony conviction is not just prison time. Felony convictions can affect firearm rights, voting rights during incarceration, and eligibility for certain professional licenses.

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Our Texas Criminal Lawyers

Family Lawyer

John-Paul Chidgey

Criminal & DWI Defense Attorney

Richard C. McConathy

Office Admin / Legal Assistant

Cynthia Gonzalez

We focus exclusively on criminal defense, leveraging over 35 years of experience representing clients across Texas in DWI cases and a wide range of criminal charges. Our attorneys have a deep knowledge of Texas criminal law and are dedicated to delivering strong, results-oriented advocacy for every client.

With a proven track record of successfully managing over 1,000 criminal cases—including more than 300 verdicts of “Not Guilty” or “Dismissed”—we handle each case with meticulous care. From gathering crucial evidence to negotiating with prosecutors, we ensure that our clients’ rights are protected at every stage of the legal process.

Can a Criminal Charge Be Dismissed in Texas?

Charges get dismissed in Texas for various reasons, including procedural errors, constitutional violations, and insufficient evidence, all of which create grounds for dismissal. At the Law Offices of Richard C. McConathy, we have secured dismissals in over 1,000 cases across Texas.

Common Grounds for Dismissal in Texas Criminal Cases

Dismissal is not guaranteed in any case. What it requires is an attorney who knows where to look. The most common grounds for dismissal or suppression in Texas include:

Potential Ground How It Can Affect a Case
Fourth Amendment Violations Evidence obtained through an unlawful stop, search, or seizure may be suppressed and excluded from court.
Fifth and Sixth Amendment Violations Statements obtained without proper Miranda warnings or without honoring the right to counsel may become inadmissible.
Chain of Custody Problems Evidence that was improperly collected, stored, or documented may lose credibility or become unusable.
Insufficient Evidence Prosecutors must prove every element of the offense beyond a reasonable doubt. If they cannot, dismissal may be possible.
Procedural Errors Mistakes by law enforcement or prosecutors, including failures to follow required legal procedures, may weaken the case.

We are dedicated to providing comprehensive legal support and vigorous defense at every stage of your case. Contact us today to discuss how we can protect your rights and secure the best possible outcome for your situation.

Does McConathy Law Handle My Type of Charge?

At the Law Offices of Richard C. McConathy, we defend clients against the full range of Texas criminal charges, from Class B misdemeanors to first-degree felonies and federal offenses.

Criminal Defense Practice Areas

This firm defends clients charged with:

Federal cases carry a separate weight. Federal prosecutors have more resources, longer investigation timelines, and higher conviction rates than state prosecutors.

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ASK MCCONATHY LAW

Do I need a lawyer if I was just charged with a misdemeanor in Texas?
Yes. A conviction can create lasting consequences and may affect employment opportunities, licensing, and background checks. Class A misdemeanors carry up to one year in jail. Getting an attorney before your first court date gives you the best chance of a dismissal or a charge reduction before the case goes further.

A Texas criminal case takes anywhere from a few months for straightforward misdemeanors to one to two years for complex felony cases. The timeline depends on the court’s docket, how quickly evidence is exchanged, and whether the case resolves through negotiation or goes to trial. An attorney with existing relationships in the local court system moves through that process more efficiently.

If you were arrested in Texas but the prosecutor has not filed formal charges, you are still at risk. Prosecutors in Dallas, Tarrant, and Denton counties have time to file charges after an arrest. Up to two years for most misdemeanors and three years or more for felonies under the Texas Code of Criminal Procedure. Retaining an attorney before charges are filed gives your defense team the ability to communicate with prosecutors during that window, which is often when outcomes are most negotiable.

Expunction in Texas is available for certain arrests that did not result in conviction, charges that were dismissed, and acquittals at trial. Convictions generally do not qualify for expunction in Texas, though some offenses qualify for an order of nondisclosure, which seals the record from public view. The rules are specific and depend on the charge type and outcome.

Frequently Asked Questions

After a criminal arrest in Texas, the first step is to stop speaking to law enforcement without an attorney present. Anything you say after an arrest gets documented and handed to the prosecutor. Contact a criminal defense attorney before your first court appearance where charges are formally read, and bail is set. What you do in the first 24 to 48 hours shapes what your attorney has to work with.

A public defender is a court-appointed attorney assigned to defendants who cannot afford private counsel, as guaranteed under the Sixth Amendment. A retained private attorney like Richard McConathy takes a limited number of cases at a time, which directly affects how much time and attention your defense receives. Public defenders in Texas counties like Dallas and Tarrant handle considerable caseloads. Private representation means your attorney has the time to review your specific evidence, file pre-trial motions, and build a defense tailored to your case.

Yes. A felony charge in Texas can be reduced to a misdemeanor through negotiation with the prosecutor, depending on the facts of the case, the defendant's prior record, and the strength of the evidence. Charge reductions are one of the most common outcomes in criminal defense.

Yes. The Law Offices of Richard C. McConathy handle criminal cases across North Texas, including Dallas, Tarrant, Denton, Collin, Parker, and surrounding counties. Richard McConathy is also admitted to the U.S. District Court for the Northern District of Texas and handles federal criminal cases. If your case involves courts in the DFW region, this firm has direct experience in those specific courtrooms.

Talk to a Texas Criminal Defense Lawyer About Your Case Today

A criminal charge in Texas starts a process that moves with or without you. The prosecution builds its case from the moment of arrest. The sooner you have an attorney reviewing your evidence, the more options you have.

The Law Offices of Richard C. McConathy have defended over 6,000 criminal cases across North Texas. More than 1,000 of those ended in dismissal. Richard McConathy is admitted to Texas state courts and the Northern District of Texas federal court, and he handles every case personally.

Call 972-233-5700 now or fill out the contact form to speak directly with Richard McConathy about your case. There is no cost for the first conversation.

We have office locations in the following cities:

We also provide representation in the following counties: