A violent crime accusation does not erase who you are or what you have built. Fear and confusion are normal reactions to hearing words like "aggravated assault" or "deadly weapon" attached to your name, and that reaction does not mean the case is decided.
What matters now is putting a defense attorney between you and the state before your first court date arrives.
The Law Offices of Richard C. McConathy has defended Texans against violent crime charges since 2002, handling more than 6,000 criminal cases across the state and over 1,000 dismissals.
Clients work directly with Richard C. McConathy, not a rotating staff of paralegals. Call 972-233-5700 for a free consultation and a plain answer about what the charge against you actually means. We are available 24/7.
What Counts as a Violent Crime Charge in Texas?
A violent crime charge in Texas covers offenses where the state alleges force, the threat of force, or a weapon against another person. Texas Penal Code Title 5 groups these offenses under the heading "Offenses Against the Person.”
Severity varies widely under that label, but every charge shares one trait: a conviction carries a record that follows a person well past the courtroom. The most common violent crime charges filed in Texas include:
| Offense | When It Is Filed |
| Assault | When a person allegedly causes bodily injury, threatens injury, or makes unwanted physical contact. |
| Aggravated Assault | When the alleged act involves serious bodily injury or a deadly weapon under Texas Penal Code Section 22.02. |
| Robbery | When theft is alleged alongside the threat or use of force against the victim. |
| Family Violence Assault | When the alleged victim is a spouse, family member, or someone in a dating relationship with the accused. |
| Deadly Conduct or Terroristic Threat | When a person allegedly places another, fearing imminent serious injury without physical contact. |
Each charge carries its own elements the prosecution must prove beyond a reasonable doubt. A defense built around the actual statute language, not just the label on the arrest report, gives a case its strongest starting position.
How Does the Law Offices of Richard C. McConathy Defend Violent Crime Cases?
The Law Offices of Richard C. McConathy builds a violent crime defense around the police report, the alleged victim statement, and any video or physical evidence collected before the case reaches a courtroom.
Richard C. McConathy has spent more than 35 years in Texas courtrooms, and that experience shapes how a case gets reviewed.
Clients working with this firm get direct access to the attorney handling their file, not a paralegal.
What Gets Reviewed Before a Defense Strategy Is Set
A case review checks whether the alleged injury meets the legal definition of bodily injury or serious bodily injury under Texas law.
It also checks whether an object labeled a deadly weapon actually meets the statutory definition in Texas Penal Code Section 1.07, whether statements to police were obtained properly, and whether the alleged victim's account matches other evidence, including 911 calls.
A case built on a shaky factual foundation may fall apart once these questions get asked out loud in a courtroom.
Consultations are free, and calling 972-233-5700 puts a defense attorney on the file the same day in most cases.
What Are the Penalties for a Violent Crime Conviction in Texas?
Penalties for a Texas violent crime conviction depend on the charge filed and the degree of offense assigned under Texas Penal Code Chapter 12. Punishment ranges from a Class C misdemeanor fine up to a first-degree felony sentence of five to ninety-nine years or life in prison.
The table below outlines the general punishment ranges Texas law assigns to each classification. Actual sentencing depends on the facts alleged, prior record, and any enhancements the prosecution seeks to add.
| Offense Classification | Example Charge | Punishment Range |
| Class C Misdemeanor | Simple assault by threat | Fine up to $500, no jail time |
| Class A Misdemeanor | Assault causing bodily injury | Up to 1 year in county jail, fine up to $4,000 |
| State Jail Felony | Assault against certain protected persons | 180 days to 2 years in state jail, fine up to $10,000 |
| Third-Degree Felony | Assault against a family member with a prior conviction | 2 to 10 years in prison, fine up to $10,000 |
| Second-Degree Felony | Aggravated assault with a deadly weapon | 2 to 20 years in prison, fine up to $10,000 |
| First-Degree Felony | Aggravated assault against a family member with a weapon | 5 to 99 years or life in prison, fine up to $10,000 |
A felony conviction on a violent crime charge follows a person into future job applications, housing decisions, and firearm rights under both state and federal law.
How Long Do Prosecutors Have to File Violent Crime Charges in Texas?
Prosecutors generally have three years to file most felony violent crime charges in Texas that Texas Code of Criminal Procedure Article 12.01 does not list as having no time limit. Misdemeanor charges generally carry a two-year filing deadline under Article 12.02.
Texas law sets no filing deadline for a small group of the most serious offenses, and that distinction matters when a case involves an older allegation. The deadlines that apply most often to violent crime charges include the following.
- Murder and manslaughter carry no filing deadline under Texas law.
- Most aggravated assault and assault charges carry a three-year felony deadline or a two-year misdemeanor deadline.
- Sexual assault involving certain aggravating factors may carry an extended or removed deadline depending on the facts alleged.
- Robbery charges generally follow the standard three-year felony deadline unless another statute extends it.
What Do You Need to Do After a Violent Crime Arrest in Texas?
The most useful step after a violent crime arrest in Texas is contacting a defense attorney before answering more questions from police or prosecutors. Statements made in the days after an arrest often become evidence the state uses at trial.
Bond conditions, no-contact orders, and upcoming court dates create a narrow window where small decisions carry outsized weight. A few actions in that window matter more than the rest.
- Reviewing bond conditions carefully, since a violation, even an accidental one, may lead to new charges or a bond revocation.
- Avoiding all contact with the alleged victim if a no-contact order or protective order has been issued.
- Writing down names, dates, and locations related to the incident while memory is still fresh.
- Avoiding social media posts about the arrest, the case, or the people involved.
- Contacting a defense attorney before any interview with police, a prosecutor, or an insurance investigator connected to the case.
How Does a Deadly Weapon Finding Change a Violent Crime Case?
A deadly weapon finding raises a violent crime charge to a higher degree of offense and may affect parole eligibility under Texas law. Texas Penal Code Section 1.07 defines a deadly weapon as a firearm, or any object manifestly designed to cause death or serious injury, or any object that, in the manner of its use, is capable of causing death or serious injury.
That third category surprises many defendants, since it may apply to items that seem ordinary outside the context of the alleged incident. Objects Texas courts have treated as deadly weapons in specific cases include the following.
- Firearms of any kind, which Texas law treats as deadly weapons regardless of how they were used.
- Knives or blades, when the manner of use shows an intent or capability to cause serious injury.
- Vehicles, when driven in a manner alleged to threaten or cause serious injury to another person.
- Household objects, such as a bottle or a tool, when prosecutors argue the manner of use made the object capable of causing serious injury.
A deadly weapon finding attached to a sentence may also affect how much of that sentence a person actually serves before parole review. Challenging whether an object truly meets the statutory definition is one of the strongest arguments in a violent crime defense.
Ask the Law Offices of Richard C. McConathy
Q: Can a violent crime charge in Texas get reduced or dismissed before trial?
A: Yes, a Texas violent crime charge can get reduced or dismissed before trial when the evidence does not support the elements the state must prove, when a witness account changes, or when a plea negotiation results in a lower charge.
Q: Does a family violence assault charge in Texas show up differently on a criminal record?
A: Yes, Texas law flags a family violence assault conviction with a specific designation on the criminal record, separate from a standard assault charge. That designation may trigger firearm restrictions under federal law and affects sentencing on any future assault charge, even a minor one.
Q: What happens at a bond hearing after a violent crime arrest in Texas?
A: A Texas bond hearing sets the conditions and amount required for release while the case moves forward, and a judge considers the alleged offense, criminal history, and flight risk. An attorney present at this hearing can argue for a lower bond amount or fewer restrictive conditions than the state initially requests.
Q: Can someone be charged with a violent crime in Texas without a police report naming them as a suspect from the start?
A: Yes, a person can face a Texas violent crime charge even when an investigation names them as a suspect later, based on witness statements, video evidence, or a later identification from the alleged victim. Charges filed weeks after an incident carry the same statutory deadlines as charges filed right away.
What Defenses Apply to Violent Crime Charges in Texas?
Several defenses apply to Texas violent crime charges, including self-defense, defense of a third person, mistaken identity, and challenges to the alleged victim's account. Texas Penal Code Chapter 9 outlines when force, including deadly force, is legally justified under specific circumstances.
Which defense fits a given case depends entirely on what the evidence actually shows, not on the label attached to the arrest. A few defense strategies come up often in Texas violent crime cases.
- Self-defense, argued when the accused reasonably believed force was necessary to protect against another person's use or attempted use of unlawful force.
- Defense of a third person, argued when the accused intervened to protect someone else from an immediate threat.
- Mistaken identity, argued when eyewitness identification or video evidence does not reliably place the accused at the scene.
- Consent or mutual combat, argued in limited situations where Texas law recognizes consent as a defense to certain assault charges.
- Insufficient evidence of a deadly weapon, argued when the object identified in the charge does not meet the statutory definition.
FAQ for Texas Violent Crime Lawyer
Do I need a lawyer for a violent crime charge in Texas?
Yes, hiring a lawyer for a Texas violent crime charge is a good idea in nearly every case, since these charges carry felony exposure, weapon enhancements, and long-term record consequences.
A free consultation with a defense attorney clarifies what the charge means and what options exist before any court appearance.
How much does a violent crime lawyer cost in Texas?
Violent crime lawyer costs in Texas vary based on the charge severity, the county, and whether the case proceeds to trial. The Law Offices of Richard C. McConathy offers a free consultation to discuss the charge and the general fee structure before any commitment is made.
Will I go to jail for a first violent crime charge in Texas?
Not always, since Texas judges and prosecutors consider criminal history, the specific charge, and case facts before deciding on jail time versus probation or a plea agreement. A first-time charge with no prior record often carries more resolution options than a repeat offense.
What is the difference between assault and aggravated assault in Texas?
Assault in Texas involves bodily injury, threatened injury, or unwanted contact, while aggravated assault involves either serious bodily injury or the use of a deadly weapon under Texas Penal Code Section 22.02. Aggravated assault carries a higher degree of offense and a longer potential sentence than standard assault.
Does a violent crime conviction in Texas affect gun rights?
Yes, a felony violent crime conviction in Texas generally results in a loss of firearm rights under federal law, and a family violence misdemeanor conviction may trigger the same restriction. Restoring those rights afterward requires a separate legal process outside the criminal case itself.
Talk to a Texas Violent Crime Lawyer Before Your Next Court Date
Every court date on a violent crime case moves the state closer to a plea deadline or a trial setting, and that clock does not pause for anyone. A defense attorney reviewing the file before that date arrives keeps options open that narrow fast once a case moves forward alone.
The Law Offices of Richard C. McConathy has represented Texans in violent crime cases across Dallas, Fort Worth, Denton, Plano, Frisco, Arlington, Irving, and Weatherford since 2002.
Richard C. McConathy brings more than 35 years of Texas courtroom experience to every case, and clients speak directly with the attorney handling their file.
Call 972-233-5700 now for a free consultation about a Texas violent crime charge.