Domestic Assault

The crime of assault is often a misdemeanor offense, but such alleged acts can result in felony charges when the alleged victims are fellow family or household members. In such cases, traditional assault crimes are considered domestic assault.

Domestic assault charges can be especially common following police responses to any alleged incident of family violence. People may be accused of this crime despite a clear lack of evidence to support the allegations, and convictions can result in a multitude of serious consequences for alleged offenders.

Attorney for Domestic Assault Arrests in Denton, TX

If you were recently arrested for an alleged domestic assault anywhere in the greater Denton County area, it will be in your best interest to exercise your right to remain silent until you have legal representation. Law Offices of Richard C. McConathy aggressively defends clients accused of all kinds of domestic violence offenses in Little Elm, The Colony, Argyle, Flower Mound, Highland Village, Lewisville, and many surrounding areas of Denton County.

Richard McConathy and Brian Bolton are experienced criminal defense lawyers in Denton who will work tirelessly to help you achieve the most favorable resolution to your case, including possibly having the criminal charges reduced or dismissed. They can provide a complete evaluation of your case as soon as you call 940-222-8004 to schedule a free, confidential consultation.

Overview of Domestic Assault in Denton County

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Domestic Assault Charges in Texas

An alleged assault in which the alleged offender intentionally or knowingly threatens another person with imminent bodily injury, including the alleged offender’s spouse, or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative is normally a Class C misdemeanor under Texas Penal Code § 22.01(c). The offense can become a Class A misdemeanor under Texas Penal Code § 22.01(c)(1), however, if the alleged victim was an elderly individual or disabled individual.

Intentionally, knowingly, or recklessly causing bodily injury to another person, including the alleged offender’s spouse, is normally classified as a Class A misdemeanor, but such an offense can become a third-degree felony under Texas Penal Code § 22.01(b)(2) if the alleged offense was committed against a person whose relationship with the alleged offender constitutes a dating relationship or being a family or household member and either:

  • the alleged offender has been previously convicted of an assault offense or criminal homicide offense under Chapter 19 of the Penal Code, kidnapping, aggravated kidnapping, indecency with a child, or continuous violence against the family against a dating partner or family or household member; or
  • the alleged offense was committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the alleged victim by applying pressure to the alleged victim’s throat or neck or by blocking the alleged victim’s nose or mouth.

If an alleged domestic assault involves all of those elements (alleged victim being dating partner or family or household member, the alleged offender having a prior enumerated conviction, and alleged strangulation), the crime is classified as a second-degree felony. If an alleged domestic assault results in serious bodily injury to the alleged victim or involved the use of a deadly weapon, the alleged offender could face first-degree felony charges for aggravated domestic assault.

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Domestic Assault Penalties in Denton County

Convictions for domestic assault can result in one of the following sentences, depending on the classification of the alleged offense:

  • Class C Misdemeanor — Fine of up to $500;
  • Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000;
  • Third Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000; or
  • Second Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000.

In addition to possible incarceration and fines, Texas Penal Code § 46.04(b) also prohibits people convicted of domestic assault offenses from possessing firearms until five years after their release from confinement or community supervision. Domestic assault convictions cannot be sealed or expunged from an individual’s criminal record.

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Texas Resources for Domestic Assault

Town of Little Elm, TX | Domestic Violence Prevention — Visit this section of the Little Elm website to learn more about domestic violence. You can find information relating to whether you might be at risk, preventing or stopping domestic abuse, and what to do if you are a victim. You can also learn more about the rights of crime victims and find links to various resources.

Town of Little Elm
100 W. Eldorado Pkwy.
Little Elm, TX 75068
(214) 975-0406

First Step Denton County Outreach Program — First Step Denton County Outreach Program, LLC provides clients in the county area with counseling services and programs administered by a professional staff. On this website, you can find more information about the program’s services relating to domestic violence, anger management, and parenting skills. You can aslo access various forms and read about the program’s policies.

First Step Denton FSOP, LLC
1406 N. Corinth St.
Suite 401
Corinth, TX 76208
(940) 497-5576

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Law Offices of Richard C. McConathy | Denton Domestic Assault Defense Lawyer

Were you arrested anywhere in Denton County for allegedly committing a domestic assault? Regardless of how confident you are in your innocence, do not say anything to authorities without legal counsel. Contact Law Offices of Richard C. McConathy as soon as possible.

Denton criminal defense attorneys Richard McConathy and Brian Bolton represent individuals in communities throughout Denton County, including Highland Village, Flower Mound, Argyle, The Colony, Little Elm, Lewisville, and many others. Call 940-222-8004 or fill out an online contact form to have our lawyers review your case and help you understand all of your legal options during a free initial consultation.

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A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

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