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
When facing domestic violence charges in Plano, Texas, your reputation, freedom, and future relationships hang in the balance. A single allegation can result in jail time, permanent protective orders, and devastating consequences for your career and family life.
At the Law Offices of Richard C. McConathy, our experienced Plano domestic violence lawyers understand the high stakes involved and provide aggressive defense strategies tailored to your unique situation.
Led by a respected criminal defense lawyer in Plano, our firm offers the insight and skill needed to defend against serious allegations and protect your future.
With over 35 years of combined experience defending clients throughout Collin County, we’ve successfully handled thousands of domestic violence cases, achieving dismissals, reductions, and not guilty verdicts. Contact our Plano domestic violence defense attorneys today at (972) 528-0478 for immediate legal protection.
Texas law defines domestic violence broadly under Texas Penal Code Section 22.01, encompassing various forms of family violence that can result in serious criminal charges. Understanding these laws is essential when building an effective defense strategy.
Under Texas Family Code Section 71.004, family violence includes:
The state considers relationships involving spouses, former spouses, parents, children, foster children, and individuals in dating relationships as covered under domestic violence statutes.
Texas prosecutors can file various charges depending on the circumstances:
Assault Family Violence
The most common charge, typically filed as a Class A misdemeanor for first offenses. However, prior convictions can elevate this to a third-degree felony.
Aggravated Domestic Assault
Involves serious bodily injury or use of a deadly weapon, charged as a first or second-degree felony with potential sentences of 2-20 years in prison.
Strangulation and Suffocation
Added to Texas law in 2009, this third-degree felony charge applies when someone impedes breathing or blood circulation, even without visible injury.
According to the Texas Department of Public Safety, family violence incidents have increased by 12% over the past five years, making aggressive legal representation more important than ever.
Our Plano domestic violence attorneys have successfully defended clients against the full spectrum of family violence allegations. Each case requires a customized defense strategy based on the specific charges and evidence involved.
The most frequently filed domestic violence charge in Texas, assault family violence can stem from minor physical contact that results in no visible injury. Under Texas law, even unwanted touching can constitute assault if it occurs between family members or dating partners.
Potential Penalties:
This serious felony charge applies when domestic violence involves a deadly weapon or causes serious bodily injury. Texas courts treat these cases aggressively, often seeking maximum penalties.
Texas specifically criminalizes strangulation and suffocation in domestic violence cases, recognizing these acts as strong predictors of future lethal violence. Prosecutors can file felony charges even without visible injuries.
Key Defense Strategy: Medical evidence often contradicts strangulation allegations. We work with forensic experts to challenge the prosecution’s medical conclusions and demonstrate alternative explanations for any symptoms.
Violating a protective order constitutes a separate criminal offense, potentially resulting in additional jail time and fines. Our attorneys help clients understand protective order terms and defend against violation allegations.
Unfortunately, domestic violence allegations sometimes arise from custody disputes, divorce proceedings, revenge after relationship breakups, mental health crises, or substance abuse situations. We thoroughly investigate the accuser’s motives and gather contradictory evidence to expose false or exaggerated claims.
| Charge Level | Prison Time | Fine | Additional Consequences |
|---|---|---|---|
| Class C Misdemeanor | None | Up to $500 | Criminal record |
| Class A Misdemeanor | Up to 1 year | Up to $4,000 | Protective orders |
| Third-Degree Felony | 2-10 years | Up to $10,000 | Firearms prohibition |
| Second-Degree Felony | 2-20 years | Up to $10,000 | Immigration consequences |
| First-Degree Felony | 5-99 years | Up to $10,000 | Professional license loss |
Beyond jail time and fines, domestic violence convictions create lasting problems:
According to the Collin County District Attorney’s Office located at 2100 Bloomdale Road in McKinney, domestic violence cases have a 78% conviction rate when defendants lack experienced legal representation, compared to only 23% when defendants have skilled defense attorneys.
Understanding the local court process helps reduce anxiety and ensures you’re properly prepared for each stage of your domestic violence case.
Location: 900 East 15th Street, Plano, TX 75074
Parking: Free parking available in the adjacent lot – spaces fill quickly after 8:00 AM
Nearby Landmarks: Located west of downtown Plano area and immediately west of US-75 on 15th Street
First Appearance Expectations:
Location: 2100 Bloomdale Road, McKinney, TX 75071 (15 minutes north of Plano)
Parking: Free parking in designated visitor areas – lot B closest to main entrance Nearby: Located near Collin College McKinney campus and McDonald’s at Louisiana/Bloomdale
Magistrate Warning (First 48 Hours): If arrested on weekends, you’ll appear before the magistrate via video conference from the Collin County Jail. This determines your bond amount and provides formal notice of charges.
Formal Arraignment Process:
Required Forms and Documents:
Collin County Jail (4300 Community Avenue, McKinney):
Bond Amounts Typically Set:
Plano Bail Bond Companies (within 1 mile of courthouse):
Processing Time: 2-6 hours after bond is posted What to Bring for Release: Photo ID and comfortable clothes (jail attire is uncomfortable)
Never speak to police without an attorney present. Domestic violence investigations are designed to gather evidence against you. Even innocent explanations can be twisted to support the prosecution’s case.
What we tell our clients:
“I want to speak with my attorney before answering any questions.” This simple statement invokes your constitutional rights and prevents investigators from pressuring you into damaging admissions.
Most domestic violence arrests result in automatic protective orders prohibiting contact with the alleged victim. Violating these orders creates additional criminal charges and strengthens the prosecution’s case.
Important: Indirect contact through friends, family members, or social media also violates protective orders. We help clients understand all restrictions and develop communication strategies for essential matters like child custody exchanges.
Attempting to “work things out” with the accuser almost always backfires. Prosecutors view contact attempts as evidence of guilt and intimidation. Even if the alleged victim wants to “drop charges,” Texas law allows prosecutors to proceed without their cooperation.
While events remain fresh in your memory, write down:
Don’t wait—contact our experienced Plano domestic violence defense lawyers at (972) 528-0478 immediately after your arrest. Early intervention often makes the difference between conviction and dismissal.
Our comprehensive defense approach addresses every aspect of your domestic violence case, from initial arrest through final resolution.
We immediately begin investigating your case by:
Many domestic violence cases hinge on credibility battles between the accused and accuser. We systematically identify factors that undermine the prosecution’s star witness:
Constitutional violations during domestic violence investigations provide grounds for excluding crucial evidence. Our attorneys file motions to suppress when police:
Our established relationships with Collin County prosecutors enable us to negotiate favorable outcomes when appropriate. We’ve successfully obtained:
When cases proceed to trial, our courtroom experience makes the difference. We’ve achieved not guilty verdicts in hundreds of domestic violence cases by presenting compelling defenses and exposing weaknesses in the prosecution’s evidence.
Beyond achieving case dismissals, we help clients:
Texas law permits reasonable force to protect yourself from family violence. We demonstrate self-defense by showing the accuser initiated physical contact, you reasonably believed force was necessary, your response was proportionate, and you had no opportunity to escape. When both parties engage in fighting, we can argue mutual combat to reduce charges or achieve dismissals.
We expose false allegations by demonstrating motive for lying (custody battles, divorce, revenge), pattern of false accusations, contradictory evidence, and lack of corroborating evidence supporting claims.
We challenge cases by proving lack of intent to harm, violations of police procedure during investigations, and absence of actual injury despite serious assault allegations.
Over our 35+ years of practice, we’ve achieved remarkable results for domestic violence clients:
Our attorneys regularly practice in Plano Municipal Court (1520 K Avenue, Building A) and Collin County’s three district courts, providing invaluable advantages:
Collin County Courthouse Locations:
What Our Local Experience Provides:
Practical Courthouse Navigation:
We handle all aspects of domestic violence cases:
Every client receives direct attention from experienced attorneys, not paralegals or junior staff. We understand the sensitive nature of domestic violence allegations and maintain strict confidentiality throughout your case.
Domestic violence arrests often occur during weekends and holidays. Our firm provides around-the-clock availability for emergency consultations and immediate legal intervention.
Time is critical when facing domestic violence charges in Plano. The consequences begin immediately with protective orders, potential job loss, and family disruption.
At the Law Offices of Richard C. McConathy, our proven defense strategies have resulted in hundreds of dismissals, reductions, and not guilty verdicts throughout Collin County.
Call our experienced Plano domestic violence defense attorneys at (972) 528-0478 today for your confidential consultation. We’re available 24/7 for emergency arrests and urgent legal needs.
We also have our criminal defense lawyers in Arlington.
Immediately contact an experienced domestic violence defense attorney before speaking to anyone about the allegations. Document everything you can remember, gather potential witness information, and avoid all contact with the accuser. Never attempt to “clear things up” directly with the alleged victim.
Only prosecutors can dismiss domestic violence charges in Texas. However, prosecutors may dismiss charges when evidence is insufficient, key witnesses become unavailable, constitutional violations occurred, or alternative explanations emerge.
Domestic assault can be either, depending on several factors. First-time charges are typically Class A misdemeanors (up to one year in jail, $4,000 fine), while second offenses become third-degree felonies (2-10 years prison). First offenses involving strangulation, serious injury, or deadly weapons are also felonies.
Relevant reading: https://mcconathylaw.com/blog/is-domestic-violence-a-felony-or-misdemeanor/
Yes, significantly. Texas Family Code creates a presumption against awarding custody to parents with domestic violence histories. Courts may award sole custody to the non-offending parent, require supervised visitation, or prohibit overnight visits.
Expunction depends on your case outcome. You’re eligible if charges were dismissed, you received a not guilty verdict, or conviction was overturned. Guilty pleas and deferred adjudication are not eligible for expunction, though sealing may be available.
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.
