Facing assault charges in Plano can feel overwhelming, especially when jail time, substantial fines, and a permanent criminal record hang in the balance. At the Law Offices of Richard C. McConathy, we understand the anxiety and uncertainty you’re experiencing.
Our experienced criminal defense team has successfully defended countless clients against assault charges throughout Collin County, securing dismissals, reductions, and not guilty verdicts.
Led by a respected criminal defense lawyer in Plano, our firm provides the strategic insight and proven skill necessary to protect your rights and future.
Our deep familiarity with Plano’s local courts, judges, and prosecutors gives us strategic advantages that can make the difference in your case. With over 35 years of combined experience and more than 6,000 criminal cases handled, we know how to build compelling defenses that protect your future.
Don’t let an assault charge define your life—contact our Plano assault lawyers today for a free consultation at (972) 528-0478.
Understanding Assault Charges in Texas
Texas takes assault charges seriously, and the consequences can extend far beyond immediate penalties. Understanding what you’re facing is the first step toward building an effective defense.
What Is Considered Assault Under Texas Law?
Under Texas Penal Code §22.01, assault occurs when someone:
- Intentionally, knowingly, or recklessly causes bodily injury to another person
- Intentionally or knowingly threatens another person with imminent bodily injury
- Intentionally or knowingly causes physical contact with another person when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative
Many people mistakenly believe assault requires physical violence. In reality, threatening someone with harm or even unwanted touching can result in assault charges. This broad definition means that bar disagreements, heated arguments, or defensive actions can quickly escalate into criminal charges.
Simple vs. Aggravated Assault
The distinction between simple and aggravated assault determines the severity of penalties you face:
Simple Assault typically involves minor injuries or threats without weapons. These cases often arise from:
- Pushing or shoving during arguments
- Threatening gestures or words
- Minor physical altercations
Aggravated Assault elevates charges to felony level when:
- Serious bodily injury occurs
- A deadly weapon is used or exhibited
- The victim is a public servant, security officer, or emergency services personnel
- The assault occurs during certain felonies
Understanding these distinctions helps us develop targeted defense strategies that address the specific circumstances of your case.
Common Scenarios Leading to Assault Charges
Our experience defending assault cases in Plano reveals several recurring situations:
Bar Fights and Nightlife Incidents: Alcohol-fueled disagreements can quickly escalate, leading to charges even when you were defending yourself.
Domestic Disputes: Family arguments that turn physical often result in mandatory arrest policies, even when the alleged victim doesn’t want to press charges.
Road Rage Incidents: Traffic confrontations can lead to assault charges when emotions run high.
Self-Defense Misinterpretation: Actions taken to protect yourself, your family, or your property may be misconstrued as unprovoked assault.
Penalties for Assault Charges in Plano, TX
The penalties for assault in Texas vary significantly based on the severity of the offense and aggravating factors present in your case.
Class C Misdemeanor Assault
Offensive contact without injury typically results in Class C misdemeanor charges, carrying:
- Fine up to $500
- No jail time (though more serious consequences may apply for subsequent offenses)
- Permanent criminal record
While these penalties seem minor, even Class C assault convictions can impact employment opportunities and professional licenses.
Class A Misdemeanor Assault
Bodily injury assault without aggravating factors constitutes a Class A misdemeanor, with potential penalties including:
- Up to one year in county jail
- Fine up to $4,000
- Probation with conditions such as anger management classes
- Restitution to the victim for medical expenses
Felony Assault Charges
Aggravated assault charges carry substantially harsher penalties:
| Felony Level | Potential Prison Time | Fine |
|---|---|---|
| Third Degree | 2-10 years | Up to $10,000 |
| Second Degree | 2-20 years | Up to $10,000 |
| First Degree | 5-99 years or life | Up to $10,000 |
Long-Term Consequences
Beyond immediate penalties, assault convictions create lasting problems:
- Employment barriers in healthcare, education, finance, and other regulated industries
- Loss of gun ownership rights for felony convictions
- Immigration consequences for non-citizens
- Professional license restrictions for doctors, lawyers, teachers, and other licensed professionals
- Housing difficulties when landlords conduct background checks
These collateral consequences often prove more devastating than the immediate legal penalties, making aggressive defense representation essential.
Defending Against Assault Charges
Every assault case presents unique defense opportunities. Our strategic approach focuses on challenging the prosecution’s evidence while building compelling alternative narratives.
Legal Defenses We Use
Self-Defense:
Texas Penal Code §9.32 recognizes your right to defend yourself when facing imminent threats. We examine whether you reasonably believed force was necessary and if the force used was proportional to the threat.
Defense of Others:
You have the right to protect family members, friends, and even strangers from imminent harm when your intervention was necessary and the force used was appropriate.
False Accusations:
Unfortunately, assault charges sometimes stem from custody disputes, romantic relationships ending badly, workplace conflicts, or insurance fraud schemes.
Lack of Intent:
Many assault charges result from accidents or misunderstandings. We examine whether the contact was truly intentional and if you possessed the required mental state for conviction.
Why Early Legal Intervention Matters
Contacting an experienced assault attorney immediately provides critical advantages:
- Evidence Preservation:
Physical evidence, surveillance footage, and witness memories fade quickly - Prosecutor Communication:
Our established relationships with Collin County prosecutors allow for productive negotiations - Investigation Opportunities:
We conduct independent investigations and develop evidence law enforcement may have overlooked - Strategic Planning:
Early involvement allows comprehensive defense strategies rather than simply reacting to prosecution moves
Why Choose Our Plano Assault Attorneys
Your choice of legal representation can determine whether you face conviction or walk away with your record clean. Here’s what sets our firm apart:
Local Experience
Our extensive experience in Collin County courts provides invaluable advantages:
- Deep knowledge of local judges’ preferences and sentencing patterns at both the Raymond Robinson Justice Center and Russell A. Steindam Courts Building
- Established relationships with Collin County District Attorney Greg Willis’s office prosecutors
- Understanding of Plano Police Department investigation procedures and evidence collection methods
- Familiarity with local jury tendencies drawn from Plano, Frisco, McKinney, and Allen communities
- Knowledge of Collin County Detention Facility booking procedures and bond hearing processes
This local insight helps us tailor defense strategies to specific courtroom dynamics and judicial preferences. We know which prosecutors are reasonable negotiators and which judges favor alternative sentencing options over incarceration.
Strategic, Aggressive Defense
While many attorneys focus on negotiating plea deals, we fight for complete case dismissal whenever possible.
Our approach includes thorough case investigation, aggressive motion practice to suppress illegally obtained evidence, strategic jury selection, and creative legal arguments that challenge prosecution theories.
Our thorough investigation process often reveals evidence that law enforcement may have overlooked, such as surveillance footage from nearby businesses or witness statements that support self-defense claims.
Related Assault Charges We Handle
Our comprehensive criminal defense practice covers all types of assault charges in Plano and throughout Collin County:
Domestic Assault: Family violence cases requiring specialized knowledge of protective orders, mandatory arrest policies, and enhanced penalties for repeat offenses.
Assault and Battery: While Texas law doesn’t distinguish between assault and battery, we defend against all forms of unwanted physical contact charges.
Aggravated Assault: Felony charges involving serious bodily injury or deadly weapons that require aggressive defense strategies to avoid lengthy prison sentences.
Assault with a Deadly Weapon: Cases involving knives, firearms, or other dangerous instruments that can result in enhanced penalties and mandatory minimum sentences.
Assault on a Public Servant: Enhanced charges for assaulting police officers, firefighters, emergency medical personnel, or other public servants performing their duties.
Juvenile Assault Charges: Specialized representation for minors facing assault charges in juvenile court, focusing on rehabilitation over punishment.
What To Do If You’re Arrested for Assault in Plano
Your actions immediately following arrest can significantly impact your case outcome. Follow these essential steps:
- Remain Silent: Politely tell officers you want to speak with an attorney before answering questions. Anything you say will be used against you, even seemingly innocent comments.
- Request a Lawyer Immediately: Ask for legal representation as soon as possible. This request should stop all questioning until your attorney arrives.
- Avoid Contact with the Alleged Victim: Do not call, text, visit, or communicate through third parties. Any contact could be interpreted as intimidation or harassment.
- Document Everything: Write down everything you remember about the incident while details remain fresh. Include witness names, potential video surveillance locations, and any injuries you sustained.
- Call Our Firm: Contact the Law Offices of Richard C. McConathy at (972) 528-0478 immediately. Early intervention provides the best opportunity for favorable case resolution.
Understanding the Plano Arrest and Court Process
If arrested for assault in Plano, you’ll initially be processed at the Plano Police Department (909 14th Street) before being transported to the Collin County Detention Facility (4300 Community Avenue, McKinney, TX 75071). The jail operates 24/7 and can be reached at (972) 547-5200 for inmate information and bond status.
🏛️ Court Locations You Need to Know:
Class C Misdemeanor Assault Cases: Handled at Plano Municipal Court in the Raymond Robinson Justice Center (900 E 15th Street, Plano, TX 75074).
- Court Hours: Monday/Wednesday/Friday: 7:30 AM – 4:30 PM; Tuesday: 7:30 AM – 5:30 PM; Thursday: 8:30 AM – 4:30 PM
- Phone: (972) 941-2199
- Parking: Limited street parking on E 15th Street – arrive 15 minutes early for security screening
- Nearby Landmarks: Located west of downtown Plano area, immediately west of US-75 on 15th Street
Higher-Level Misdemeanors & Felonies: Prosecuted at the Russell A. Steindam Courts Building (2100 Bloomdale Road, McKinney, TX 75071).
- Court Hours: Monday-Friday, 8:00 AM – 4:30 PM
- Phone: (972) 548-4100
- Parking & Directions: Free parking in the Collin County Administration Building lot. From Plano, take US-75 North, exit Bloomdale Road (42B), follow service road north, turn left on Bloomdale for 0.4 miles
What to Expect at Your First Appearance:
- Security Screening: Arrive early for metal detector screening similar to airport security
- Required Items: Bring photo ID and any paperwork from your arrest
- Dress Code: Business casual required – no shorts, tank tops, or flip-flops allowed
- Cell Phone Policy: All electronic devices must be secured before entering courtrooms
Bail Information in Collin County:
- Typical Assault Bond Amounts: Class C ($500-1,000), Class A ($1,000-5,000), Felony ($5,000-50,000+)
- Bond Payment Location: Collin County Detention Facility bonds office accepts cash, cashier’s checks, or credit cards
- Release Process: Typically takes 2-6 hours after bond is posted, longer on weekends
Time is critical- evidence disappears quickly, and early legal intervention can mean the difference between conviction and dismissal.
Contact a Plano Assault Lawyer Today
Don’t face assault charges alone. The prosecution has experienced attorneys working to secure your conviction—you deserve equally skilled representation fighting for your freedom. At the Law Offices of Richard C. McConathy, we’ve built our reputation on aggressive defense strategies that produce results.
Call (972) 528-0478 now for your free, confidential consultation. We’re available 24/7 to discuss your case and begin building your defense strategy.
We also have criminal defense office in Arlington.
FAQs
What’s the difference between assault and aggravated assault in Texas?
Simple assault involves threats, offensive contact, or minor injuries without weapons. Aggravated assault becomes a felony when serious bodily injury occurs, deadly weapons are involved, or the victim is a public servant. The penalties increase dramatically—from up to one year in jail for simple assault to potential life imprisonment for first-degree aggravated assault.
Can assault charges be dropped by the victim in Plano?
While victims can express their desire not to prosecute, only the Collin County District Attorney’s office can officially drop charges. In domestic violence cases, DA Greg Willis’s office often proceeds even without victim cooperation, especially when there’s independent evidence like 911 recordings, officer observations, or photographs of injuries. However, victim cooperation significantly impacts prosecution success, and we work with all parties to explore resolution options that serve everyone’s interests. Understanding the specific prosecutor assigned to your case helps us develop the most effective negotiation strategy.
Is jail mandatory for assault in Texas?
Jail time isn’t automatically required for all assault convictions. Class C misdemeanor assault carries no jail time, while Class A misdemeanor assault may result in probation instead of incarceration. However, factors like prior convictions, injury severity, and case circumstances influence sentencing. An experienced attorney can advocate for alternatives to incarceration.
What should I do after being arrested for assault in Plano?
Immediately request an attorney and remain silent. Don’t discuss the case with anyone except your lawyer, avoid contact with the alleged victim, and document everything you remember about the incident. Contact our firm at (972) 528-0478 as soon as possible—early legal intervention provides the best opportunity for favorable case resolution.
Can I claim self-defense in an assault case?
Yes, self-defense is a valid legal defense in Texas when you reasonably believed force was necessary to protect yourself from imminent harm. Texas law doesn’t require you to retreat before using force in many situations. However, the force used must be proportional to the threat faced. Our attorneys thoroughly analyze all circumstances to determine if self-defense applies to your case.