If you’ve found yourself on this page, chances are you’re facing one of the toughest moments of your life. An assault or battery charge can be overwhelming, and the uncertainty about your future might be keeping you up at night. At McCarty-Larson, PLLC, we want you to know that we understand the stress and worry you’re feeling. Our Dallas County assault lawyers are committed to helping you through this difficult time, working towards achieving the best possible outcome for your case. The penalties for assault can vary depending on the type and severity of the offense, but having the right legal representation can make a significant difference in the results of your case.

Understanding Simple Assault Charges in Dallas County, TX

Simple assault may sound straightforward, but it’s a term that covers many different scenarios. These can range from a heated argument that turns into a minor physical confrontation to a more serious altercation that involves real harm. The most important thing to know is that even if you think your actions were minor, the consequences can be serious. Assault involves causing bodily injury to someone, threatening them with immediate harm, or even touching someone in a way that they find offensive or provocative. Because of this broad definition, it’s important to have a Dallas County assault lawyer who can help navigate the complexities of the law.

The penalties for simple assault can vary greatly depending on the circumstances of your case. For most people, this charge will be classified as a misdemeanor, but under certain conditions, it can be raised to a felony. Factors that could influence this include whether the assault was against a family member, a public servant, or if it was a repeat offense. The severity of the charge and the associated penalties will depend on the specifics of the situation.

For example, if the assault only involved threats or minor physical contact, it might be considered a Class C misdemeanor. This could result in a fine of up to $500. However, if the assault involved more physical contact, such as during a heated argument or an altercation during a sports event, it could be charged as a Class B misdemeanor. This might involve a fine of up to $2,000 and possibly up to 180 days in jail. When physical contact causes pain or minor injury, the charge could rise to a Class A misdemeanor, with fines up to $4,000 and jail time of up to one year.

What You Should Know About Aggravated Assault

Aggravated assault is treated much more seriously by the courts in Dallas County, TX. If the assault results in serious bodily injury or involves the use of a deadly weapon, the consequences are severe. This type of charge is typically classified as a felony, which means that the potential penalties are much harsher. Depending on the specifics of the case, this charge can be either a second-degree or a first-degree felony.

In cases of aggravated assault, you could face anywhere from 2 to 20 years in prison, along with fines that can reach up to $10,000. If the assault involved a public servant, a family member, or occurred in a domestic situation, it could be considered a first-degree felony. This level of charge carries a possible sentence of 5 to 99 years or even life in prison. The impact of a conviction like this can be devastating, not only for you but for your family as well. Having the right Dallas County assault lawyer can help ensure that your rights are protected, and you receive the best defense possible.

Assault with Deadly Conduct in Dallas County, TX

Another serious charge that individuals in Dallas County may face is assault with deadly conduct. This occurs when someone acts recklessly in a way that endangers others, particularly if a firearm or another deadly weapon is involved. For example, discharging a gun in the direction of another person or vehicle could lead to this charge. Depending on the specifics of the situation, assault with deadly conduct can either be charged as a misdemeanor or as a felony.

If it’s a Class A misdemeanor, this could result in up to one year in jail and a fine of up to $4,000. However, if the conduct involves the discharge of a firearm, the charge is usually elevated to a third-degree felony. In this case, the penalties could include between 2 and 10 years in prison and a fine of up to $10,000. The legal implications are serious, and understanding what you’re facing can help you prepare for your defense.

Choosing the Right Dallas County Assault Lawyers

If you’ve been arrested for assault and battery in Dallas County, TX, you are likely feeling overwhelmed and worried about the future. Assault convictions carry significant consequences. You could face hefty fines, time in jail, and a criminal record that may affect your ability to get a job or housing. That’s why choosing the right legal defense is crucial. At McCarty-Larson, PLLC, we believe your defense needs to be handled with skill, dedication, and an understanding of the system from both sides of the courtroom.

Our team of Dallas County assault lawyers have over 50 years of combined experience in criminal defense. We know that your freedom and future are at stake, which is why we leverage every bit of our extensive knowledge to fight for you. Our firm is led by a former law enforcement officer and prosecutor. This unique experience gives us an insider’s perspective on how the prosecution thinks and operates, enabling us to build stronger cases for our clients. We’ve helped hundreds of clients in similar situations, and our 270+ Google 5-star reviews speak to our commitment to providing excellent service and achieving favorable results.

Defending Assault Charges in Dallas County, TX

When it comes to defending an assault charge, having a strong legal team on your side is vital. Every case is different, and at McCarty-Larson, PLLC, we work diligently to explore every defense option available to you. From self-defense to procedural errors, our experienced Dallas County assault lawyers will guide you through the complicated legal process and help you determine your best chance for a successful outcome.

Self-Defense

One of the most common defenses in an assault case is self-defense. Under the Dallas County Castle Doctrine, you have the right to protect yourself if you believe you are in imminent danger. Our firm will work to show that your actions were justified because you had a reasonable belief that your life or safety was at risk. This defense can often be very effective in cases where you were acting to defend yourself or someone else.

Lack of Intent

Another possible defense is proving a lack of intent. Assault cases often hinge on whether or not the prosecution can prove that you intended to cause harm. If we can create reasonable doubt around your intent, we may be able to get the charges reduced to a lesser offense. By showing that you never meant to hurt anyone, we can undermine the prosecution’s case and increase your chances of a better outcome.

Insufficient Evidence

In many assault cases, the prosecution may not have enough solid evidence to convict you. As your defense team, we will carefully examine the evidence brought against you, looking for inconsistencies and weaknesses. If we can show that the evidence is insufficient to prove your guilt beyond a reasonable doubt, we may be able to get the charges dismissed or reduced.

Fourth Amendment Violations

Your rights are protected under the Constitution, and any evidence obtained through illegal searches or seizures can be thrown out. We will investigate whether your arrest or the gathering of evidence violated your Fourth Amendment rights. If we find that the police overstepped their bounds, we will push for the court to exclude that evidence from your case, which could lead to the dismissal of the charges against you.

Procedural Errors

Assault cases can be complicated, and mistakes made by law enforcement during the arrest or evidence collection process can significantly impact your case. We will scrutinize the procedures followed in your case to identify any errors that could work in your favor. Even small mistakes can make a big difference in the outcome of your case, and our experienced team knows exactly what to look for.

Lack of Cooperation from the Alleged Victim

If the person who accused you of assault no longer wants to press charges or refuses to cooperate with the prosecution, this can greatly weaken the case against you. While the prosecutor may still choose to move forward, lack of cooperation from the alleged victim can be a strong factor in having the charges dropped or reduced.

Mistaken Identity

In some assault cases, the wrong person is identified as the attacker. If you were mistakenly identified, we will work to prove that you were not involved in the incident. Witnesses can sometimes make mistakes, and we will present evidence to show that you are not the person who committed the assault.

Mutual Consent

Sometimes, both parties in an altercation consent to engage in the confrontation. If this was the case, we can argue that the assault was the result of mutual consent, and both parties should share responsibility for what occurred. This defense can sometimes lead to reduced charges or a more favorable outcome.

Affidavit of Non-Prosecution

In some cases, the alleged victim may sign an affidavit of non-prosecution, asking the prosecutor to drop the charges. While this does not guarantee that the charges will be dropped, it can significantly impact the outcome of your case. Our attorneys will work to get the alleged victim to sign this affidavit and present it to the court, which could help in having the charges reduced or dismissed.

Mistakes to Avoid After an Assault and Battery Arrest in Dallas County, TX

Being arrested for assault and battery can be overwhelming. If you find yourself in this situation, there are key mistakes you should avoid to protect your rights and build a strong defense.

Talking Too Much

One major mistake is talking too much to law enforcement or anyone else about your case. It’s important to remember that anything you say can be used against you. Avoid discussing the details of your case until you have legal representation.

Not Seeking Legal Help

Another critical error is not seeking legal advice right away. Without the guidance of a Dallas County assault lawyer, you might make decisions that could negatively impact your case. An attorney can help you understand your rights and the best steps to take.

Ignoring Court Dates

Failing to attend your court dates is another serious mistake. Missing a court date can lead to additional charges and complicate your case. Make sure to keep track of all scheduled court appearances and show up as required.

Not Gathering Evidence

Failing to gather and preserve evidence can hurt your defense. This includes obtaining witness statements, medical records, and any other relevant information. Your lawyer can help you gather and organize this evidence to support your case.

Dallas County Assault Defense Client Story

This client story is for educational purposes only.

Roger felt his world crumble as the handcuffs clicked shut around his wrists. The blaring sirens and flashing lights felt like they were closing in on him, and the weight of the assault charge hanging over him was unbearable. In Dallas County, TX, where he had always felt safe, he now felt trapped in a nightmare. The people who knew him best—his friends and family—were in shock, unable to understand how something like this could happen.

With his future in jeopardy, Roger knew he needed someone who could see beyond the charges and understand his side of the story. That’s when he found Bria Larson from McCarty-Larson, PLLC. Bria wasn’t just a lawyer; she was a beacon of hope in Roger’s darkest hour. From the moment they met, Roger felt a sense of relief. Bria listened with genuine empathy, taking the time to understand the details of his case and his life.

Bria didn’t just see Roger as a client; she saw him as a person who deserved a fair chance. She worked tirelessly, gathering evidence, talking to witnesses, and piecing together the truth. Through her dedication, she uncovered facts that showed Roger was not the aggressor, but rather, he had been defending himself. She skillfully navigated the complex legal system, always keeping Roger informed and at ease.

In the courtroom, Bria’s unwavering confidence and clear, compelling arguments made all the difference. She painted a picture of Roger as the kind, responsible individual he was, not the criminal the prosecution was trying to portray. Her ability to present the facts in a way that was both honest and persuasive turned the tide in Roger’s favor.

When the verdict came in, Roger’s heart raced as he waited for the news. The relief was overwhelming when the judge declared him not guilty. Roger’s tears of joy were matched by the proud smile on Bria’s face. It wasn’t just a legal victory; it was a chance for Roger to rebuild his life and move forward with his head held high.

For anyone in Dallas County facing similar struggles, Roger’s story is a testament to the difference a dedicated lawyer can make. Bria Larson and the team at McCarty-Larson, PLLC, are not just Dallas County assault lawyers—they are allies who fight for justice and understand that everyone deserves a second chance.

Get Help from Dallas County Assault Lawyers

If you’ve been arrested for assault or battery in Dallas County, TX, you don’t have to face this challenging situation alone. McCarty-Larson, PLLC is here to provide you with the legal support you need. Our experienced Dallas County assault lawyers understand how stressful and confusing an arrest can be. We are committed to working diligently on your case to achieve the best possible outcome.

At McCarty-Larson, PLLC, we offer free consultations to discuss your situation and help you understand your legal options. Our goal is to ensure you receive the best possible representation. We will take the time to listen to your side of the story and build a strong defense on your behalf. With our dedicated team by your side, you can feel confident knowing that we are working hard to protect your rights and achieve the best results for your case.

If you have been arrested for assault or battery in Dallas County, don’t wait to get the help you need. Contact McCarty-Larson, PLLC today to schedule your free consultation. We are here to support you through every step of the legal process and to fight for the best possible outcome in your case.