Assault with a Deadly Weapon
Assault with a deadly weapon in Dallas is a serious felony offense that can result in very severe penalties, including jail or prison time and a hefty fine. A conviction for assault with a deadly weapon can also have a negative impact on your future, such as eliminating many employment, housing, public assistance and educational opportunities.
It is important to remember that criminal charges for assault with a deadly weapon do not have to result in a conviction and the additional lasting repercussions. The state prosecutor must prove you committed every element to the assault offense beyond a reasonable doubt.
This is a very difficult burden to meet, and any doubt in the jury’s or judge’s mind can result in a dismissal or reduction of the charges against you. Therefore, it is essential to contact an experienced criminal defense lawyer in Dallas who will make every effort to craft the most effective legal strategy for your situation.
Dallas Assault with a Deadly Weapon Lawyer
If you have been charged with an assault with a deadly weapon offense in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.
Attorney Richard McConathy will make every effort to identify mitigating factors or defenses that are applicable to your particular situation. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your deadly weapon assault allegations.
Assault with a Deadly Weapon in Dallas
According to section 22.021 of the Texas Penal Code, an individual can be charged with assault with a deadly weapon if they use a deadly weapon during the commission of an assault offense. This offense is also commonly known as an aggravated assault in Texas.
As defined in Tex. Penal Code § 22.01, an individual can commit assault in Texas if they intentionally or knowingly cause or threaten to cause bodily injury to another person, or cause offensive physical contact to another person.
Deadly Weapon Examples in Dallas
According to Tex. Penal Code § 46.01, weapons, guns and firearms that are considered deadly weapons can include any of the following:
- Explosive Weapons,
- Machine Guns,
- Short-Barrel Firearms,
- Firearm Silencers,
- Switchblade Knives,
- Armor-Piercing Ammunition,
- Chemical Dispensing Devices,
- Zip Guns,
- Bowie Knives,
- Spears, and/or
- Illegal Knives.
Dallas Penalties for Assault with a Deadly Weapon
The penalties for assault with a deadly weapon in the Dallas / Fort Worth metroplex are defined in Chapter 12 of the Texas Penal Code, which are listed below.
Criminal charges for assault with a deadly weapon can usually result in a felony of the second degree conviction, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
However, criminal charges for assault with a deadly weapon can result in a felony of the first degree conviction if the offense was committed against:
- A family member or significant other;
- A security officer,
- A public servant, or
- In retaliation against a witness in a criminal case.
This degree of offense can result in a prison sentence ranging from five to 99 years or life in prison and/or a fine up to $10,000.
Criminal charges for assault with a deadly weapon can also result in felony of the first degree conviction if the alleged offender operates a firearm from a motor vehicle in the direction of another vehicle or building and causes serious bodily injury to another person. This degree of offense is punishable by a prison sentence ranging from five to 99 years or life in prison and/or a fine up to $10,000.
Defenses to Assault with a Deadly Weapon in Dallas
Occasionally, defenses may be applicable to charges for assault with a deadly weapon in certain situation. These defenses do not apply to every case, so it is important to discuss the elements of your criminal charges to a Dallas criminal defense attorney who can help you identify if a defense is appropriate to your particular circumstances.
- Lack of Intent – Intent is a required element to all assault offenses. If your attorney is able to show you did not have the required intent to commit assault, the assault with a deadly weapon charges against you may be reduced or even dismissed.
- Self Defense – In Texas, individuals are permitted to use force, and occasionally deadly force, against the immediate threat of injury or bodily harm.
- Lack of a Deadly Weapon – You criminal defense lawyer may be able to demonstrate a deadly weapon was not present or used during the commission of the assault offense. This can result in a reduction of the assault charges you are facing, or even a complete dismissal.
Law Offices of Richard C. McConathy | Fort Worth Assault with a Deadly Weapon Attorney
Contact Law Offices of Richard C. McConathy today for a consultation about your alleged assault with a deadly weapon offense throughout Dallas County in Texas. Richard McConathy is an aggressive Dallas violent crimes lawyer who will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation.
Contact Law Offices of Richard C. McConathy at (972) 233-5700 for a free, confidential consultation about your alleged assault with a deadly weapon charges throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.