An accusation of assault with a deadly weapon places your freedom, reputation, and future at risk from the very beginning. Before prosecutors present their case, it is important to understand the charge and begin protecting your rights.
An assault with a deadly weapon charge in Dallas County is filed as a second-degree felony under Texas Penal Code Section 22.02, with a sentencing range of two to twenty years in state prison before a single fact about what actually happened has been examined by the defense.
The Law Offices of Richard C. McConathy has appeared in Dallas County Criminal District Courts on aggravated assault and deadly weapon charges for over 35 years, handling more than 6,000 criminal cases and securing over 1,000 dismissals.
Call 972-233-5700 to speak directly with Richard McConathy. The consultation is free, confidential, and available 24/7.
Why Choose McConathy Law for Dallas Deadly Weapon Charges?
Richard C. McConathy has defended assault with a deadly weapon and aggravated assault charges in Dallas County courts for over 35 years.
He is a member of the Dallas Criminal Defense Lawyers Association, served as Treasurer of the Dallas Bar Association Criminal Law Section, and is admitted to both Texas state courts and the U.S. District Court for the Northern District of Texas.
That combination of credentials and courtroom presence is not a marketing claim. It is a documented practice history.
1,000+ Dismissals Across 6,000+ Criminal Cases
McConathy Law has secured over 1,000 dismissals across more than 6,000 criminal cases handled in North Texas courts.
Aggravated assault and deadly weapon cases are among the most fact-specific charges in the Texas Penal Code, and the outcome depends on how thoroughly the defense reviews the evidence before the first court date.
Direct Attorney Access on Every Case
Richard McConathy handles every case personally. You speak directly with the attorney who reviews your evidence, files your motions, and appears at your trial.
Call 972-233-5700 or contact us online to speak to us about your Dallas County assault charge.
What Is Assault With a Deadly Weapon Under Texas Law?
Assault with a deadly weapon in Texas is aggravated assault under Texas Penal Code Section 22.02. It is charged when a person intentionally, knowingly, or recklessly causes bodily injury to another person while using or exhibiting a deadly weapon.
The charge is a second-degree felony carrying two to twenty years in state prison and fines up to $10,000. Two facts elevate the charge from standard assault to aggravated assault in Texas: the use or exhibition of a deadly weapon, or the causation of serious bodily injury.
Either fact triggers the aggravated assault classification. Both facts together, in certain circumstances, push the charge to a first-degree felony.
What Qualifies as a Deadly Weapon in Texas?
Texas law defines a deadly weapon broadly under Texas Penal Code Section 1.07(a)(17). A deadly weapon is a firearm, a knife, or anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury.
Texas courts have applied the deadly weapon classification to vehicles, bottles, bats, and other objects not traditionally considered weapons when the evidence supports it.
The manner of use, not the object itself, drives the classification. That distinction is where the defense focuses its analysis. An object that prosecutors classify as a deadly weapon based on their characterization of the incident looks different when the defense presents the full context of what occurred.
When Does Aggravated Assault Become a First-Degree Felony?
Aggravated assault in Texas becomes a first-degree felony under Texas Penal Code Section 22.02(b) in specific circumstances.
The charge escalates when the assault is committed against a public servant, a witness, or an informant in relation to their status, or when it is committed by a person using a deadly weapon who causes serious bodily injury to a family or household member.
First-degree felony aggravated assault carries five to ninety-nine years or life in state prison.
What Are the Penalties for Assault With a Deadly Weapon in Dallas?
A second-degree felony aggravated assault conviction in Texas carries two to twenty years in the Texas Department of Criminal Justice (TDCJ) state prison system and fines up to $10,000.
The charge is indicted by a grand jury in Dallas County and assigned to one of the seven Criminal District Courts at the Frank Crowley Courts Building, where the case proceeds through pre-trial hearings, possible motion practice, and trial or plea resolution.
Beyond the immediate sentence, a felony assault conviction in Texas produces consequences that extend well past release. These are some examples:
| Consequence | Meaning | Law/Code |
| Permanent criminal record | A felony conviction in Texas is generally not eligible for expunction and remains part of the public record indefinitely. It may appear on background checks conducted by employers, landlords, and licensing boards. | Texas Code of Criminal Procedure, Chapter 55 |
| Firearm prohibition | A felony conviction generally prohibits a person from possessing firearms under federal law. Texas law also restricts firearm possession by convicted felons, with limited exceptions after a specified period at the person’s residence. | Federal: 18 U.S.C. § 922(g)(1) Texas: Texas Penal Code § 46.04 |
| Professional license consequences | Many Texas licensing boards require applicants or license holders to disclose felony convictions. Depending on the profession and circumstances, a conviction may result in denial, suspension, or revocation of a professional license. | Texas Occupations Code, Chapter 53 |
| Immigration consequences | A noncitizen convicted of aggravated assault with a deadly weapon may face removal proceedings if the conviction qualifies as an aggravated felony or another removable offense under federal immigration law. | 8 U.S.C. § 1101(a)(43) |
| Loss of civil rights during incarceration | A person convicted of a Texas felony loses the right to vote while incarcerated or serving a sentence of parole or community supervision. Voting rights are generally restored upon completion of the sentence. | Texas Election Code § 11.002 |
How Does McConathy Law Defend Deadly Weapon Assault Charges in Dallas?
Richard McConathy reviews the full file, including body camera footage, surveillance recordings, 911 call audio, witness statements, and any physical evidence collected at the scene, before forming any assessment of the defense strategy.
Dallas County assault cases frequently involve situations where the account in the police report reflects only one party’s version of the incident.
The person who called 911 first, or who appeared to be the victim based on superficial observation, is not automatically the party whose account is accurate. A thorough review of the evidence regularly reveals a different picture than the one the prosecution is working from.
Self-Defense and Defense of Others in Texas Assault Cases
Texas law grants a person the right to use force, including deadly force in certain circumstances, to protect themselves or another person from the use of unlawful force.
Texas Penal Code Chapter 9 governs justification defenses, including self-defense, defense of a third person, and defense of property.
A self-defense claim in an aggravated assault case is a justification defense. Once evidence raises the issue, the prosecution must disprove it beyond a reasonable doubt.
The facts that most directly affect a self-defense claim in a Dallas County assault case include:
- Prior threats or communications: Text messages, voicemails, or prior reported incidents between the parties that establish who initiated the threatening conduct
- Physical evidence of the encounter: Injuries, their location on the body, and whether they are consistent with an offensive or defensive posture
- Witness accounts: Statements from people present who did not call 911 and have no stake in the outcome
- Surveillance footage: Video from business cameras, residential cameras, or dashcams that captures the actual sequence of events rather than the post-incident scene
Self-defense claims require the defense to present a coherent account supported by physical evidence and witness testimony.
A claim that relies only on the defendant’s word, without corroborating evidence, faces a harder road in a Dallas County Criminal District Court than one built on documented evidence that the prosecution cannot explain away.
Challenging the Deadly Weapon Finding in Dallas County Cases
The deadly weapon finding in a Texas assault case does more than elevate the charge classification. It also affects parole eligibility.
A defendant convicted of an offense where the judge or jury makes an affirmative finding of a deadly weapon must serve at least half of their sentence before becoming eligible for parole under applicable Texas law.
Challenging the deadly weapon finding is not just about the charge level. It directly affects how long the defendant serves if convicted.
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Not automatically. In Texas, the state is the prosecuting party, not the victim. Dallas County prosecutors pursue aggravated assault charges using the police report, bodycam footage, 911 recordings, and physical evidence regardless of whether the named victim cooperates.
A victim who recants or declines to testify changes the prosecution's evidentiary position but does not end the case. An attorney who reviews what independent evidence the prosecution has gives you an accurate picture of how much that non-cooperation actually affects the case outcome.
A Dallas County grand jury reviews evidence presented by the prosecutor and decides whether probable cause exists to issue a formal indictment.
Defense attorneys generally do not appear before the grand jury, but they submit grand jury packets, which are written presentations of mitigating evidence, self-defense documentation, and legal arguments that give the grand jury information beyond what the prosecutor presents.
Yes. The type of weapon affects both the charge classification and how the prosecution presents the case to a jury. A firearm triggers mandatory deadly weapon classification without any further analysis.
Other objects require the prosecution to prove that the manner of use made the object capable of causing death or serious bodily injury.
FAQ for Dallas Assault With a Deadly Weapon Lawyers
Simple assault in Texas under Texas Penal Code Section 22.01 is a Class A misdemeanor when it involves intentionally causing bodily injury to another person.
Aggravated assault under Section 22.02 elevates the charge to a second-degree felony when the conduct involves a deadly weapon or causes serious bodily injury.
The felony classification means the case moves from a county court at law to a Dallas County Criminal District Court and carries a potential state prison sentence rather than county jail time.
No. Most Texas aggravated assault cases resolve before trial through dismissal, charge reduction, or negotiated plea. The pre-trial phase, including suppression motions, grand jury packet submissions, and direct negotiation with the assigned Dallas County prosecutor, determines what options exist before a trial date is set.
Cases where the defense builds a strong evidentiary record during pre-trial frequently produce better outcomes than cases where the defense waits for trial to present its position.
Yes, a self-defense claim is a recognized legal defense in Texas under Texas Penal Code Chapter 9, and it applies in aggravated assault cases involving deadly weapons.
The claim is most effective when corroborated by physical evidence, witness statements, and documentation of prior threats or conduct by the other party.
A deadly weapon finding in Texas is a formal determination by the judge or jury that a deadly weapon was used or exhibited during the commission of the offense.
Under Texas Code of Criminal Procedure Article 42A.054, a defendant with an affirmative deadly weapon finding must serve at least half of their sentence before becoming eligible for parole.
After being charged with assault with a deadly weapon in Dallas, retain an attorney before making any statements to law enforcement or prosecutors. Do not discuss the incident with anyone other than your attorney, including friends and family members who may be questioned later.
Get Your Dallas Assault Case in Front of Richard McConathy Before Your First Court Date
Richard McConathy has defended assault with a deadly weapon charges and aggravated assault cases in Dallas County Criminal District Courts for over 35 years.
He is a member of the Dallas Criminal Defense Lawyers Association, served as Treasurer of the Dallas Bar Association Criminal Law Section, and handles every case personally. Over 1,000 of his 6,000+ handled cases have ended in dismissal.
Call 972-233-5700 now or contact us online. The first conversation is free, confidential, and puts Richard McConathy’s direct assessment of your case in your hands before your next court date.
Principal Dallas Office
Law Offices of Richard C. McConathy
3710 Rawlins St Ste 1408 Dallas, TX 75219
Phone: (972) 233-5700 Toll-Free: 888-283-9394
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*Meetings at all locations available only by appointment