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
One accusation should not be the only story the court hears. Fort Worth aggravated assault lawyers at the Law Offices of Richard C. McConathy defend people charged under Texas Penal Code Section 22.02, by examining the evidence, interviewing witnesses, and challenging assumptions made early in the investigation.
Tarrant County prosecutors move quickly once an aggravated assault case is filed, building their version of events from a police report that often reflects only one side of what happened.
A self-defense situation, a confrontation that escalated faster than either person intended, or a misidentified weapon can all get flattened into a charge that does not reflect what actually occurred.
The Law Offices of Richard C. McConathy has handled over 6,000 criminal cases with more than 1,000 dismissals. A free consultation is available 24/7, because an aggravated assault arrest does not wait for business hours. Call 972-233-5700 now or contact us online.
McConathy Law defends aggravated assault and deadly weapon charges in Tarrant County with over 6,000 cases handled and more than 1,000 dismissals across North Texas criminal courts. Richard McConathy reviews every case personally, starting with a free consultation available any time of day.
You speak directly with Richard McConathy, not a case manager or an associate. The attorney who reviews your arrest report is the attorney who appears at your hearings.
Call 972-233-5700 or contact us online any time, day or night.
Aggravated assault in Texas is charged under Texas Penal Code Section 22.02 when a person causes bodily injury while using or exhibiting a deadly weapon, or when the assault causes serious bodily injury to another person.
The charge is a second-degree felony carrying two to twenty years in state prison and fines up to $10,000.
Either fact alone, the use of a deadly weapon or the presence of serious bodily injury, is enough to elevate a standard assault charge to aggravated assault. Texas Penal Code Section 1.07(a)(17) defines a deadly weapon broadly, covering firearms and knives explicitly, and extending to any object that, in the manner of its use, is capable of causing death or serious bodily injury.
Aggravated assault becomes a first-degree felony under Texas Penal Code Section 22.02(b) when the offense is committed against a public servant in relation to their official duties, a witness or informant because of their status, or other circumstances specifically identified in the penal code, including certain family violence offenses.
A first-degree felony aggravated assault conviction carries five to ninety-nine years or life in state prison, a substantially higher exposure than the standard second-degree charge.
A Tarrant County aggravated assault defense starts with the actual evidence, not the version of events written into the police report.
Richard McConathy reviews body camera footage, 911 recordings, witness statements, and any available surveillance video before forming a strategy for your specific case.
Many Fort Worth assault cases involve incidents where the person who called police first is not automatically the party telling the full story.
A thorough review of available evidence regularly reveals a different sequence of events than what the arrest report describes, particularly in cases involving mutual confrontation or a defensive response to an attack.
A self-defense claim in an aggravated assault case is an affirmative defense, meaning the defense presents supporting evidence, and the prosecution must then disprove the claim beyond a reasonable doubt.
Texas Penal Code Chapter 9 grants a person the right to use force, including deadly force in defined circumstances, to protect themselves or another person from unlawful force.
The strength of a self-defense claim in a Tarrant County case depends on specific categories of evidence working together rather than relying on the defendant’s account alone:
An alleged victim may change or withdraw their statement after an aggravated assault arrest, but that decision does not automatically determine whether the criminal case continues.
Texas prosecutors make charging decisions on behalf of the State and evaluate all available evidence, not just the wishes of one witness.
A prosecutor considers the entire case when deciding how to proceed. Evidence may include:
Even when the alleged victim no longer wants prosecution to continue, the strength of the remaining evidence ultimately determines how the case moves forward.
Aggravated assault cases are usually decided by the quality of the evidence rather than by the accusation alone. Every piece of evidence has a different purpose during plea negotiations, pretrial motions, and trial.
| Evidence | Significance |
| Body camera footage | Shows what officers observed, statements made at the scene, and the condition of everyone involved. |
| 911 recordings | Captures events immediately after the incident before memories change. |
| Surveillance video | May confirm or contradict witness accounts and establish the sequence of events. |
| Medical records | Documents the existence and severity of injuries and whether they meet the legal definition of serious bodily injury. |
| Text messages and call logs | May provide context for threats, self-defense claims, or the relationship between the parties. |
| Photographs | Can document injuries, property damage, or the location where the incident occurred. |
| Witness statements | Independent witnesses may support or challenge the prosecution’s version of events. |
| Weapon evidence | Helps determine whether an object qualifies as a deadly weapon under Texas law and how it was allegedly used. |
A second-degree felony aggravated assault conviction in Texas carries two to twenty years in the Texas Department of Criminal Justice prison system and fines up to $10,000, with the case proceeding through indictment in a Tarrant County Criminal District Court.
The consequences extend well beyond the sentence itself once a conviction is entered.
A felony assault conviction in Texas produces lasting consequences that do not expire on their own:
Not automatically. In Texas, the state prosecutes the case, not the alleged victim, and Tarrant County prosecutors pursue aggravated assault charges using police reports, body camera footage, and physical evidence regardless of whether the other party cooperates. A change in the other party's willingness to testify affects the prosecution's evidence but does not end the case on its own. An attorney reviewing what independent evidence actually exists gives you an accurate picture of how that factor affects your specific charge.
A Tarrant County grand jury reviews the evidence the prosecutor presents and decides whether probable cause supports a formal indictment.
Defense attorneys do not appear before the grand jury directly, but they submit grand jury packets containing mitigating evidence, self-defense documentation, and legal arguments the panel would not otherwise see.
A grand jury that declines to indict, called a no-bill, prevents an indictment at that time, although the case may be presented to another grand jury later if prosecutors continue pursuing it.
Yes. A firearm automatically triggers deadly weapon classification without further analysis, while other objects require the prosecution to prove the manner of use made the object capable of causing death or serious bodily injury.
That distinction matters significantly when the object involved was not a traditional weapon, and it is one of the first details Richard McConathy examines when reviewing a new Tarrant County assault case during your free consultation.
Simple assault under Texas Penal Code Section 22.01 is a Class A misdemeanor when it involves intentionally causing bodily injury without a weapon or serious injury.
Aggravated assault under Section 22.02 elevates the charge to a second-degree felony when a deadly weapon is used or serious bodily injury results, moving the case from a county court to a Tarrant County Criminal District Court with state prison exposure rather than county jail time.
No. Most aggravated assault cases in Tarrant County resolve before trial through dismissal, a reduced charge, or a negotiated plea agreement.
The pre-trial period, including evidence review, suppression motions, and direct negotiation with the assigned prosecutor, determines what options exist before a trial date is ever set, and cases with a strong pre-trial defense record consistently produce better outcomes than those that wait until trial to present a position.
Yes, a deadly weapon finding may be challenged when the object involved does not clearly meet the statutory definition or when the manner of use is genuinely disputed.
Since the finding affects parole eligibility separately from the underlying charge, challenging it carries consequences beyond the charge classification itself, directly affecting how much time a convicted defendant actually serves.
Contact an attorney before making any further statements to law enforcement or prosecutors, and avoid discussing the incident with anyone other than your attorney, including friends or family who may later be questioned.
Preserve any evidence supporting your account, including messages, call logs, or names of witnesses present. Call 972-233-5700 for a free consultation, available 24/7, before your first scheduled Tarrant County court appearance.
Richard McConathy has handled over 6,000 criminal cases with more than 1,000 dismissals, working directly with every client from the first call through final resolution.
A free consultation is available 24/7, because an aggravated assault arrest can happen at any hour, and the response should not wait for business hours to begin.
Call 972-233-5700 now or contact us online to get your case in front of Richard McConathy 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.
