Dallas Assault With a Deadly Weapon Lawyer | McConathy Law

Don’t wait to speak with a Dallas assault with a deadly weapon lawyer

The moment law enforcement contacts you about an alleged assault, the clock starts ticking on your defense. Many people make critical mistakes during this period—giving statements without legal counsel, contacting the alleged victim, or destroying evidence that could have supported their case.

Police questioning creates permanent records. Anything you say can be used against you, even if you believe you’re simply “clearing things up” or providing your side of the story. Officers are trained to gather evidence for prosecution, not to help you avoid charges.

Whether you were arrested by Dallas Police Department officers, University Park Police, Highland Park Department of Public Safety, or one of the surrounding municipalities’ law enforcement agencies, the case will likely be prosecuted by the Dallas County District Attorney if the alleged offense occurred within county jurisdiction. Understanding the specific agency involved and where the alleged incident occurred can impact evidence availability and witness access.

Working with a Dallas aggravated assault lawyer before formal charges are filed can sometimes influence prosecutorial decisions. Your attorney can communicate with law enforcement on your behalf, present mitigating evidence early, and ensure that your constitutional rights remain protected throughout the investigation.

Immediate steps your attorney can take

Your defense team should move quickly to:

• Preserve surveillance footage from nearby businesses, traffic cameras, and residential security systems before it’s automatically deleted (particularly important in high-traffic areas like Deep Ellum, Uptown, Victory Park, Bishop Arts District, Lower Greenville, and the West End where multiple camera angles may have captured the incident)
• Identify and interview witnesses while memories are fresh and before prosecutors shape their testimony
• Document your injuries if you were acting in self-defense or were also harmed during the incident
• Challenge probable cause if the arrest was based on insufficient evidence or violated your Fourth Amendment rights
• Secure expert witnesses when medical evidence, forensic analysis, or use-of-force evaluation could support your defense

According to data from the Dallas County Courts, aggravated assault cases that involve early attorney intervention are statistically more likely to result in favorable plea negotiations or reduced charges compared to cases where defendants wait until arraignment to secure counsel.

Avoid contact with the alleged victim or complaining witnesses. Bond conditions almost always prohibit this, and any violation can result in additional charges and immediate incarceration while your case is pending.

What is assault with a deadly weapon in Texas?

In Texas, “assault with a deadly weapon” is commonly charged under the state’s aggravated assault statute, Texas Penal Code § 22.02. The law defines aggravated assault as assault that either causes serious bodily injury or involves the use or exhibition of a deadly weapon during the assault.

This means prosecutors can pursue felony charges even in cases where no serious physical injury occurred, as long as they allege that you used or displayed a deadly weapon while committing assault. The focus shifts from the severity of harm to the presence and use of the weapon itself.

Understanding the elements prosecutors must prove

To secure a conviction for aggravated assault with a deadly weapon, the prosecution must prove beyond a reasonable doubt that:

1. You committed an assault (intentionally, knowingly, or recklessly caused bodily injury; threatened someone with imminent bodily injury; or caused physical contact that you knew or reasonably should have known the other person would find offensive or provocative)
2. During that assault, you used or exhibited a deadly weapon

If the prosecution cannot prove you committed the underlying assault, or cannot prove that a deadly weapon was actually used or exhibited, the charges may not hold.

What counts as a deadly weapon in Texas?

Texas law takes a broad approach to defining deadly weapons, which can surprise defendants who assumed only firearms qualified. Under Texas Penal Code § 1.07, a deadly weapon includes:

• Firearms of any type (handguns, rifles, shotguns)
• Items designed to cause death or serious bodily injury (knives, brass knuckles, clubs)
• Any object capable of causing death or serious bodily injury in the manner it was used or intended to be used

That third category is where many aggravated assault cases are built. Everyday objects become deadly weapons depending on how they were allegedly used:

Dallas County prosecutors have broad discretion in arguing that an object qualifies as a deadly weapon based on its use in the specific incident. This is why the facts surrounding how an object was used become critical to your defense strategy.

Penalties for aggravated assault with a deadly weapon in Texas

Aggravated assault with a deadly weapon is typically prosecuted as a second-degree felony in Texas, carrying punishment of:

• 2 to 20 years in prison
• Fine up to $10,000
• Potential community supervision (probation) in some cases, though prison time is common given the serious nature of the offense

These penalties represent the baseline for most aggravated assault cases. However, certain circumstances can elevate the charge to even more severe classifications.

When can the charge become more serious?

Texas law provides for enhanced penalties when aggravating factors are present. The charge may be elevated to a first-degree felony (punishable by 5 to 99 years or life in prison, plus up to a $10,000 fine) when the alleged assault:

• Involved a family member, household member, or dating partner (family violence enhancement)
• Targeted certain protected classes of victims, including public servants, security officers, or emergency services personnel performing their duties
• Involved the discharge of a firearm from a motor vehicle toward a habitation or vehicle
• Caused serious bodily injury to specific protected victims

Additionally, prior criminal convictions, particularly prior violent offense convictions, can significantly impact sentencing recommendations even on second-degree felony cases. Prosecutors may seek enhanced punishment ranges or oppose probation eligibility based on your criminal history.

The Texas Department of Criminal Justice reports that individuals convicted of first-degree felony aggravated assault serve an average of 8.7 years before initial parole eligibility, while second-degree felony convictions average 4.2 years.

Collateral consequences of a conviction

Beyond incarceration and fines, an aggravated assault conviction creates lifelong consequences that many defendants don’t anticipate:

📋 Employment barriers:
Felony convictions appear on background checks indefinitely. Many employers, particularly in education, healthcare, finance, and government sectors, have blanket policies against hiring individuals with violent felony convictions.

🏠 Housing restrictions:
Private landlords routinely deny rental applications from individuals with felony records. Public housing authorities may impose waiting periods or permanent bars based on the nature of the conviction.

🔫 Firearm rights:
Federal law prohibits anyone convicted of a felony from possessing firearms or ammunition. This is a permanent restriction that applies even if you later receive a pardon from the governor.

🛂 Immigration consequences:
Non-citizens face particularly severe consequences. Aggravated assault qualifies as an “aggravated felony” and “crime of violence” under federal immigration law, making deportation virtually certain and eliminating most forms of relief, even for long-time permanent residents.

📝 Professional licensing:
Many Texas professional licenses—including those for healthcare providers, attorneys, teachers, real estate agents, and contractors—may be revoked or denied based on felony convictions, particularly those involving violence.

🎓 Educational opportunities:
Felony convictions can impact financial aid eligibility, campus housing access, and admission to graduate or professional programs.

These collateral consequences often impact your life more significantly than the direct criminal penalties, making aggressive defense representation essential from day one.

Aggravated assault by threat in Texas

One of the most misunderstood aspects of Texas assault law is that prosecutors can charge you with aggravated assault even when no physical contact or injury occurred. If they allege you threatened someone with imminent bodily injury while using or exhibiting a deadly weapon, that alone can support a felony charge.

Under Texas law, assault includes intentionally or knowingly threatening another person with imminent bodily injury. When that threat is made while displaying a deadly weapon, it becomes aggravated assault by threat—carrying the same second-degree felony penalties as cases involving actual physical injury.

How these cases typically develop

Aggravated assault by threat charges commonly arise from:

• Domestic disputes where someone displays a weapon during an argument without physical contact
• Road rage incidents where drivers display firearms or make threatening gestures with vehicles
• Bar or club altercations where someone threatens another person while holding a bottle, pool cue, or other object
• Property disputes where neighbors threaten each other while holding tools or other implements

The alleged victim’s perception and fear become central to the prosecution’s case. Prosecutors will argue that the victim reasonably believed they were in imminent danger of serious bodily injury based on your actions and the presence of the weapon.

Defense strategies in threat-based cases often focus on:

• Lack of intent to threaten or cause fear
• The alleged victim’s credibility and possible motives to fabricate
• Context showing defensive posture rather than aggressive threat
• Absence of overt threatening statements or actions that would cause a reasonable person to fear imminent harm
• Constitutional issues if the alleged threat involved protected speech

Consider a hypothetical scenario:
During a heated dispute between neighbors over a property boundary, one neighbor is working on a fence with a hammer in hand. The other neighbor later claims they felt threatened by the hammer and feared imminent violence. Did the first neighbor commit aggravated assault by threat? Not necessarily—mere possession of a tool during a verbal argument, without threatening gestures or statements, typically wouldn’t meet the legal definition of use or exhibition of a deadly weapon with intent to threaten.

An experienced defense attorney can challenge aggravated assault by threat allegations by carefully analyzing the circumstances, witness credibility, and whether the prosecution can prove the required elements beyond a reasonable doubt.

Defenses to assault with a deadly weapon charges

Every aggravated assault case depends on specific facts, witness credibility, police procedures, and whether prosecutors can prove each element beyond a reasonable doubt. Texas law provides several recognized defenses, and experienced attorneys can identify weaknesses in the prosecution’s case that create opportunities for dismissal, acquittal, or charge reduction.

The defense strategies most applicable to your case will depend on a thorough review of police reports, witness statements, medical records, surveillance footage, and forensic evidence.

Self-defense or defense of others

Texas law provides robust self-defense protections under Texas Penal Code § 9.31. You have the right to use force, including deadly force in certain circumstances, to protect yourself or others from unlawful force or threat of force.

To establish self-defense, your attorney must demonstrate that:

• You reasonably believed force was immediately necessary to protect yourself or another person
• You did not provoke the person against whom you used force
• Your response was proportional to the threat you faced

The prosecution bears the burden of disproving self-defense beyond a reasonable doubt once your attorney raises it. This shifts the case dynamic significantly.

Our firm has successfully defended clients claiming self-defense in aggravated assault cases by presenting evidence of:

• Prior threats or violence from the alleged victim
• The alleged victim’s aggressive approach or attack
• Lack of retreat options when threat occurred
• Proportional response to imminent threat of serious harm

Lack of intent

Aggravated assault requires intentional, knowing, or reckless conduct. If you did not intend to commit an assault or threaten someone, this undermines a critical element of the prosecution’s case.

Lack of intent defenses may apply when:

• The alleged weapon was not intentionally displayed or used in a threatening manner
• Your actions were accidental or the result of misunderstanding
• No threatening statements were made
• The alleged victim misinterpreted defensive or neutral behavior as aggressive

For example, if you were carrying a legal firearm in a holster and someone claimed to feel threatened by its presence, the mere lawful possession of a firearm without any threatening conduct would not constitute aggravated assault.

No deadly weapon was actually used or exhibited

As discussed earlier, prosecutors must prove a deadly weapon was actually used or exhibited during the assault. Your defense attorney can challenge:

• Whether the object in question qualifies as a deadly weapon under Texas law
• Whether you actually possessed or displayed the alleged weapon
• Whether the alleged weapon was used in a manner capable of causing serious bodily injury
• Inconsistencies in witness descriptions of the alleged weapon

In cases where prosecutors claim an everyday object was a deadly weapon, forensic analysis of the alleged weapon and medical evidence regarding the injuries (or lack thereof) become critical to challenging the charge.

False accusation or mistaken identity

Unfortunately, false accusations in assault cases are more common than many people realize. Motivations for false reporting include:

• Custody disputes where one parent fabricates charges to gain advantage
• Relationship conflicts where an ex-partner seeks revenge
• Financial motivations related to civil lawsuits or insurance claims
• Attempts to gain leverage in divorce proceedings
• Mistaken identity where the victim identifies the wrong person

Your attorney can investigate the alleged victim’s background, relationships, and possible motives to fabricate. Polygraph examinations (inadmissible in court but useful in negotiations), social media evidence, text message records, and witness interviews can all help establish that allegations are false or exaggerated.

Inconsistent witness statements

Witness testimony forms the backbone of most assault prosecutions. When witnesses provide conflicting accounts about key facts—who was the aggressor, whether a weapon was displayed, what threats were made, or what injuries occurred—these inconsistencies create reasonable doubt.

Your defense attorney will carefully compare:

• Initial police reports to later written statements
• Individual officer observations to witness accounts
• Alleged victim’s 911 call to subsequent interviews
• Multiple witness descriptions of the same event
• Testimony given under oath to prior recorded statements

Even small inconsistencies about critical details can undermine the prosecution’s case during cross-examination at trial.

Weak forensic or medical evidence

When prosecutors allege serious bodily injury occurred, medical records and forensic evidence should support that claim. Your attorney can challenge:

• Lack of medical evidence supporting claims of serious injury
• Inconsistency between alleged injuries and the medical documentation
• Alternative explanations for injuries (pre-existing conditions, self-inflicted, sustained during mutual combat)
• Lack of physical evidence on the alleged weapon (DNA, blood, fingerprints)

For instance, if the alleged victim claims you struck them with a weapon causing serious bodily injury, but medical records show only minor bruising consistent with a fall or show the victim declined medical treatment, this undermines the prosecution’s serious bodily injury allegation.

Unlawful police conduct or constitutional issues

Your Fourth Amendment rights protect you against unlawful searches and seizures. If police violated your constitutional rights during:

• The initial stop or detention
• The search of your person, vehicle, or property
• The seizure of alleged evidence
• Your arrest

Your attorney can file motions to suppress evidence obtained as a result of the constitutional violation. If critical evidence is suppressed, prosecutors may be unable to proceed with the case.

What to do after an arrest or if police contact you

Follow these steps to protect your rights and strengthen your defense:

1. Stay calm and do not resist. Even if you believe the arrest is unjust, physically resisting officers will result in additional charges and can be used against you as evidence of violent propensity.
   
   
2. Exercise your right to remain silent. Clearly state: “I am invoking my right to remain silent and want to speak with an attorney.” Do not answer questions beyond providing basic identification information.
   
   
3. Do not agree to interviews without counsel present. Police may tell you that cooperation will help your case or that “getting your side of the story” will clear things up. This is an interrogation tactic. Insist on having your attorney present before discussing the allegations.
   
   
4. Do not contact the alleged victim or complaining witnesses. Any contact—including through third parties, social media, or indirect communication—can violate bond conditions and be interpreted as intimidation or retaliation, resulting in additional charges.
   
   
5. Preserve all evidence that supports your defense. Save text messages, emails, photos, videos, and social media posts that document the relationship with the alleged victim, provide context for the incident, or support your version of events. Screenshot social media content before it can be deleted or altered.
   
   
6. Document your injuries and the scene. If you were injured during the incident, photograph your injuries immediately and seek medical attention. If possible, take photos of the scene showing relevant details like positions, distances, lighting conditions, or property damage.
   
   
7. Write down your timeline and potential witnesses. As soon as possible, create a detailed written account of what happened, including dates, times, locations, who was present, and what was said. Identify anyone who may have witnessed the incident or has relevant information about the relationship dynamics.
   
   
8. Contact a Dallas felony defense lawyer immediately. The sooner your attorney can begin investigating and advocating on your behalf, the better your chances of a favorable outcome. Call (972) 528-0116) now.

How our Dallas felony defense lawyers can help

At the Law Offices of Richard C. McConathy, we provide comprehensive defense representation tailored to the unique circumstances of your aggravated assault case. Our approach includes:

• Immediate case assessment: We review all available evidence, charging documents, and probable cause affidavits to identify weaknesses in the prosecution’s case and develop defense strategies.
  
  
• Bond modification and court appearance guidance: We work to secure reasonable bond conditions that allow you to maintain employment and family relationships while your case is pending, and we appear with you at all court proceedings.
  
  
• Comprehensive evidence review: Our team examines police reports, witness statements, medical records, surveillance footage, forensic evidence, and 911 recordings to identify inconsistencies and gather evidence supporting your defense.
  
  
• Witness interviews and investigation: We conduct independent interviews with witnesses, identify additional witnesses the police may have overlooked, and gather statements that support your version of events.
  
  
• Expert witness coordination: When necessary, we retain medical experts, forensic specialists, use-of-force experts, or other professionals who can provide testimony supporting your defense.
  
  
• Negotiation with prosecutors: We leverage our relationships with Dallas County prosecutors and our understanding of local charging and sentencing practices to negotiate for charge reductions, dismissals, or favorable plea agreements when appropriate.
  
  
• Trial preparation and representation: If your case proceeds to trial, we conduct thorough trial preparation including jury selection strategy, cross-examination planning, and presentation of your defense to maximize your chances of acquittal.
  
  
• Post-conviction options: If necessary, we advise on appeal opportunities, sentence modifications, early termination of probation, and record sealing or expungement options when you become eligible.

Why choose our Dallas assault with a deadly weapon defense team?

Dallas County court familiarity
Our attorneys practice regularly in Dallas County criminal courts and have developed working relationships with prosecutors, judges, and court staff. This local knowledge allows us to anticipate how your case may be handled, which prosecutors you’ll face, and which judges will hear your case—insights that inform strategy at every stage.

Specialized experience with violent crime charges
While we handle a broad range of criminal matters, we have specific experience defending clients against aggravated assault, assault family violence, deadly conduct, and other violent crime allegations. We understand how prosecutors build these cases and what defenses are most effective in Dallas County.

Strategic defense planning
Every case receives individualized attention. We don’t rely on cookie-cutter defense strategies. Instead, we analyze the specific facts, evidence, and circumstances of your case to develop a tailored approach designed to achieve the best possible outcome.

Responsive client communication
Facing felony charges is stressful and uncertain. We maintain regular communication with our clients, promptly return calls and emails, and ensure you understand each stage of the legal process and the options available to you.

Trial-ready representation
While many cases resolve through negotiation, prosecutors know we are prepared to take cases to trial when necessary. This courtroom readiness often results in better plea offers because prosecutors understand we will hold them to their burden of proof.

According to the Texas Office of Court Administration, Dallas County criminal courts dispose of approximately 45% of felony assault cases through dismissal or acquittal, higher than the statewide average of 38%. These outcomes typically result from effective defense representation that challenges the prosecution’s evidence and case theory.

Our managing attorney, Richard C. McConathy, has been recognized as a Criminal Law Specialist and has served the Dallas legal community for over 35 years. The firm was founded in 1946, establishing a multi-generational tradition of criminal defense advocacy in North Texas.

Navigating the Dallas County criminal justice system

Understanding what happens after an arrest for aggravated assault in Dallas County can help reduce anxiety and allow you to make informed decisions. Here’s what you can expect as your case moves through the local court system.

After arrest: Lew Sterrett Justice Center

Most individuals arrested in Dallas are initially taken to the Lew Sterrett Justice Center located at 111 West Commerce Street, Dallas, TX 75202 (near downtown Dallas, just west of I-35E and the Dallas County Records Building). This facility houses the Dallas County Jail and serves as the intake and processing center.

At Lew Sterrett, you’ll be:

• Booked and fingerprinted with your information entered into the county system
• Photographed for booking records
• Allowed one phone call to contact family or an attorney
• Assessed for bond eligibility within 24-48 hours

Time-sensitive tip: Many arrestees don’t realize that calling an attorney immediately—rather than using your one call to contact family—can expedite the bond process. Your attorney can then contact your family on your behalf while simultaneously beginning work on bond reduction motions.

Bond hearings and magistration

Within 48 hours of arrest (excluding weekends and holidays), you’ll appear before a magistrate judge for your initial appearance. During this hearing:

• The judge will read the charges against you and explain your rights
• Bond will be set based on the severity of the offense, your criminal history, ties to the community, and flight risk assessment
• Bond conditions will be imposed, typically including no-contact orders with the alleged victim, surrender of firearms, and geographic restrictions

For second-degree felony aggravated assault cases in Dallas County, bonds typically range from $25,000 to $75,000 depending on circumstances. According to recent Dallas County bond data, aggravated assault with a deadly weapon carries an average bond of approximately $63,000, though individual amounts vary based on criminal history, injury severity, and other factors. First-degree felony cases often see bonds of $50,000 to $150,000 or higher.

Local bondsmen near Lew Sterrett: The area around West Commerce Street near the jail has numerous bail bond offices specifically serving Dallas County defendants. However, working with your attorney before selecting a bondsman ensures you understand all options and avoid predatory practices.

Arraignment at the Frank Crowley Courts Building

Once you’re released on bond (or if you remain in custody), your case will be assigned to one of the Dallas County Criminal District Courts. Felony cases are heard at the Frank Crowley Courts Building located at 133 N. Riverfront Blvd., Dallas, TX 75207 (same complex as Lew Sterrett).

The Frank Crowley building houses Criminal District Courts 1-7 and has its own District Attorney’s office on-site. Your arraignment—the formal reading of charges and entry of plea—will occur here, typically 2-4 weeks after arrest.

What to expect at arraignment:

• Arrive early to go through security screening (similar to airport security)
• Dress conservatively in business casual attire—judges notice appearance
• Bring your attorney if you’ve retained counsel by this point
• You’ll enter a plea of guilty, not guilty, or no contest (your attorney will advise which is appropriate)
• Pre-trial dates will be set for discovery, motions, and potential plea negotiations

Parking near Frank Crowley: Metered street parking is available along Riverfront Boulevard and nearby streets. The Dallas County parking garage across from the courthouse offers hourly rates. Plan for 1-2 hours minimum for arraignment proceedings.

Pre-trial proceedings and court settings

After arraignment, your case will go through multiple court settings—scheduled appearances where your attorney and prosecutors update the judge on case progress. These typically occur every 4-6 weeks.

Common pre-trial proceedings include:

• Announcement setting: Attorney announces case status and whether it will proceed to trial
• Pre-trial conference: Attorneys meet to discuss evidence and potential plea agreements
• Motion hearings: Judge rules on defense motions to suppress evidence, dismiss charges, or modify bond conditions
• Plea negotiation conferences: Prosecutors extend formal plea offers, which your attorney will review with you

Most Dallas County felony assault cases involve 3-6 court settings before resolution through plea agreement or trial. Your attorney will appear at most settings on your behalf, so you won’t need to take time off work for every date.

The Dallas County District Attorney’s Office

Aggravated assault cases are prosecuted by the Dallas County District Attorney’s Office, located at 133 N. Riverfront Blvd., LB 19, Dallas, TX 75207 (within the Frank Crowley Courts Building complex).

The DA’s office operates specialized units:

• Trial Division handles most felony assault cases
• Crimes Against Persons Unit may handle cases involving serious injury
• Family Violence Unit prosecutes assault cases involving family or household members
• Career Criminal Division handles cases involving defendants with extensive prior records

Understanding which prosecutor is assigned to your case helps your attorney tailor negotiation strategies. Some prosecutors have reputations for reasonableness and willingness to negotiate, while others pursue maximum sentences aggressively.

If your case goes to trial

Trials for aggravated assault cases typically last 2-5 days and occur at the Frank Crowley Courts Building before one of the seven Criminal District Court judges. Dallas County uses a jury pool drawn from across the county, with 12 jurors and 2-4 alternates selected through voir dire (jury selection).

Trial timeline:

1. Jury selection (1-2 days): Attorneys question potential jurors about backgrounds, biases, and ability to be fair
2. Opening statements: Prosecutors and defense attorneys outline their cases
3. State’s case-in-chief: Prosecutors present evidence and witnesses (typically 1-2 days)
4. Defense case: Your attorney presents evidence, witnesses, and your testimony if you choose to testify (1-2 days)
5. Closing arguments: Both sides summarize evidence and argue for their preferred verdict
6. Jury deliberation: Jurors discuss the case privately until reaching a unanimous verdict
7. Verdict and sentencing: If convicted, sentencing may occur immediately or at a later hearing

Courthouse amenities: The Frank Crowley building has a cafeteria on the ground floor, multiple restrooms on each floor, and designated attorney-client conference rooms. Free Wi-Fi is available in public areas, though cell phone use is prohibited in courtrooms.

Local resources for defendants

While your case is pending, several Dallas-area resources can provide support:

• Dallas Public Library branches offer free internet access, legal research databases, and quiet spaces to meet with your attorney
• Dallas County Law Library (505 Main St., 5th Floor) provides access to legal resources and self-help materials
• Mental health services through Metrocare Services can help you manage stress during the case

Geographic restrictions: If your bond conditions include geographic restrictions (stay-away orders from certain areas), be aware that Dallas County is large and violations are tracked through GPS monitoring in some cases. Your attorney can request modification if restrictions interfere with work or family obligations.

Understanding Dallas County demographics in jury selection

Dallas County’s diverse population plays a significant role in jury composition. According to U.S. Census data, Dallas County is approximately 39% Hispanic, 33% White, 22% Black, and 7% Asian. This diversity means your attorney must be skilled at connecting with jurors from various backgrounds and experiences.

Jury attitudes matter. Our experience in Dallas County courts shows that jurors here tend to be skeptical of police testimony when constitutional violations are alleged, sympathetic to self-defense claims when evidence supports them, and focused on whether prosecutors met their burden of proof rather than assuming guilt.

Post-conviction: If you’re sentenced to probation

If you receive probation (community supervision) instead of prison time, you’ll report to the Dallas Community Supervision and Corrections Department (Dallas CSCD). The main office is located at the Frank Crowley Courts Building, 133 N. Riverfront Blvd., 9th Floor, Dallas, TX 75207 (same building as the criminal courts).

Dallas County CSCD also operates several satellite offices throughout the county, and you’ll be assigned to an office based on your residence. These include locations in East Dallas, North Dallas, Garland, and other areas for easier access.

Typical probation conditions for aggravated assault convictions include:

• Monthly reporting to your probation officer
• Community service hours (100-300 hours typical)
• Anger management or violence intervention classes
• Drug and alcohol testing (random or scheduled)
• $60/month supervision fee plus court costs
• Firearms surrender for the duration of probation
• No-contact conditions with the alleged victim

Office hours: Dallas CSCD operates Monday-Friday, 8:00 AM-5:00 PM. Missing scheduled appointments with your probation officer can result in violations and possible revocation.

Get immediate felony defense guidance by calling (972) 528-0478 now.

Related assault and violent crime charges we defend

Aggravated assault with a deadly weapon is just one of many assault and violent crime charges prosecuted in Dallas County. Our firm also defends clients facing:

• Assault charges including simple assault, assault causing bodily injury, and assault family violence
• Assault by strangulation charges, which are prosecuted as third-degree felonies in Texas
• Deadly conduct allegations involving reckless discharge of firearms or threats

Each of these charges carries serious consequences and requires immediate legal representation. If you’re facing any criminal accusation in Dallas County, contact our office to discuss your defense options.

Contact a Dallas assault with a deadly weapon lawyer today

Aggravated assault charges move quickly through the criminal justice system, and early mistakes can permanently damage your defense. The sooner you retain an experienced Dallas criminal defense attorney, the more options remain available to protect your freedom and your future.

You don’t have to face these charges alone. At the Law Offices of Richard C. McConathy, we have extensive experience defending clients facing assault and violent crime charges in Dallas County, working to achieve dismissals, acquittals, and favorable reductions.

Your initial consultation is confidential. We will review the facts of your case, explain your legal options, and provide honest guidance about what you can expect as your case moves forward.

Call (972) 528-0116  now to speak with an experienced Dallas assault with a deadly weapon lawyer, or contact us online to schedule your consultation.

Don’t wait—your defense starts today.

Frequently asked questions

Is assault with a deadly weapon a felony in Texas?

Yes, assault with a deadly weapon is prosecuted as aggravated assault under Texas Penal Code § 22.02, which is typically a second-degree felony. Second-degree felonies carry punishment of 2 to 20 years in prison and fines up to $10,000. In certain circumstances involving protected victims or family violence allegations, the charge can be elevated to a first-degree felony carrying 5 to 99 years or life in prison.

What is considered a deadly weapon in Texas?

Texas law defines deadly weapons broadly to include firearms, knives, and other items designed to inflict death or serious bodily injury. Additionally, any object—including vehicles, tools, bottles, or household items—can be classified as a deadly weapon if it was used or intended to be used in a manner capable of causing death or serious bodily injury. The specific facts of how an object was used determine whether it qualifies as a deadly weapon.

Can you be charged even if no one was physically injured?

Yes. Texas law allows prosecution for aggravated assault by threat, where no physical contact or injury occurred. If prosecutors allege you threatened someone with imminent bodily injury while using or exhibiting a deadly weapon, that alone can support a second-degree felony charge. The focus is on the presence and display of the weapon during a threatening act, not on whether actual injury resulted.

Can assault with a deadly weapon charges be reduced or dismissed?

Yes, depending on the evidence and circumstances of your case. Common paths to reduction or dismissal include demonstrating self-defense, challenging whether the alleged weapon qualifies as deadly under the law, proving lack of intent, exposing false accusations or witness credibility issues, or identifying constitutional violations in how evidence was obtained. An experienced defense attorney can evaluate which strategies apply to your specific case and negotiate with prosecutors for the best possible resolution.

What should I do if the police want to question me?

Politely decline to answer questions and immediately request an attorney. You have a constitutional right to remain silent and to have legal counsel present during questioning. Tell officers: “I am invoking my right to remain silent and want to speak with an attorney.” Do not attempt to explain your side of the story or “clear things up” without legal representation, even if you believe you have nothing to hide. Anything you say can and will be used against you, and officers are trained to gather evidence for prosecution. Contact a defense attorney immediately to protect your rights.