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Why Assault Charges Require Immediate Action
Time is your enemy. Evidence disappears, witnesses forget, and opportunities for dismissal vanish with each passing day. In Dallas County, assault cases move quickly through the system, and prosecutors begin building their strategy immediately after your arrest.
The stakes are too high to wait:
- Professional licenses at risk
- Employment termination possible
- Security clearances in jeopardy
- Firearm rights restrictions
- Immigration consequences
- Family custody issues
Understanding Assault Charges in Texas
Texas assault laws are broader than most people realize. You can face assault charges without ever touching another person. Even verbal threats of bodily harm qualify as Class C misdemeanor assault under Texas Penal Code Section 22.01.
Simple Assault Classifications
Class C Misdemeanor Assault:
- Threats of imminent bodily injury
- Offensive or provocative physical contact
- Penalties: Up to $500 fine
Class A Misdemeanor Assault:
- Intentional, knowing, or reckless bodily injury
- Penalties: Up to 1 year in jail + $4,000 fine
Third Degree Felony Enhancement:
- Assault against a public servant, an elderly person, or in a domestic/family violence assault impeding breath
- Penalties: 2 to 10 years in prison + $10,000 fine
Aggravated Assault Charges
Second Degree Felony:
- Serious bodily injury OR use/display of deadly weapon
- Penalties: 2 to 20 years in prison + $10,000 fine
First Degree Felony:
- Aggravated assault against specific protected victims (peace officers, witnesses, judges)
- Penalties: 5 years to life + $10,000 fine
The difference between misdemeanor and felony charges can be a single moment’s decision. Don’t leave your future to chance.
The Dallas County Criminal Process
Step 1: Arrest & Booking (0-24 hours)
- Transport to Lew Sterrett Justice Center
- Fingerprints, photos, and personal property inventory
- We can: Advise on police questioning, begin an immediate investigation, and prepare for a bond hearing
Step 2: Initial Appearance (24-48 hours)
- Magistrate reads charges and rights
- Bond amount set based on charge severity and criminal history
- We can: Argue for reduced bond or personal recognizance release
Step 3: Formal Charges (2-16 weeks)
- Misdemeanor: Information filed by the prosecutor
- Felony: Grand jury indictment required
- We can: Present evidence for a grand jury “no bill,” negotiate before charges are filed
Step 4: Pretrial Motions (2-6 months)
- Discovery review, witness interviews
- Motion hearings on evidence and legal issues
- We can: Challenge prosecution evidence, negotiate dismissal, or reduction
Step 5: Trial or Resolution
- Jury trial, bench trial, or plea agreement
- We can: Present your defense, cross-examine witnesses, and argue reasonable doubt
At every stage, there are opportunities to dismiss or reduce the charges. The earlier we get involved, the more options we have to protect you.
Our Dallas Assault Defense Approach
Immediate Investigation
- Preserve surveillance footage before deletion
- Interview witnesses that the police never contacted
- Document your injuries (if any)
- Analyze 911 calls and police reports for inconsistencies
- Secure alibi evidence and character witnesses
Proven Defense Strategies
Self-Defense: Texas law allows reasonable force when you believe it’s immediately necessary to protect yourself from unlawful force.
Defense of Others: Protection of third parties from harm is a valid defense under Texas Penal Code Section 9.33.
False Accusations: Many assault charges stem from relationship disputes, child custody battles, or revenge motivations.
Lack of Intent: Accidents without intentional, knowing, or reckless conduct don’t constitute assault.
Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed every element of the offense.
Mistaken Identity: Witness misidentification is common, especially in chaotic situations.
Resolution Options Beyond Trial
Case Dismissal: When evidence is insufficient or witnesses become unavailable, we push for complete dismissal.
Grand Jury No-Bill: For felony charges, we present exculpatory evidence to prevent indictment.
Charge Reduction: Negotiating felony charges down to misdemeanors or Class A down to Class C citations.
Pretrial Diversion: Alternative programs that result in dismissal upon completion.
Deferred Adjudication: No conviction enters your record if probation is completed successfully.
The Hidden Costs of an Assault Conviction
Professional Consequences
- Medical, legal, teaching, and nursing license suspension
- Security clearance denial or revocation
- Military discharge or demotion
- Background check failures can block employment
- Professional reputation damage
Personal Rights Impact
- Firearm possession prohibition (especially domestic violence)
- Voting rights are restricted during incarceration
- Jury service exclusion
- Child custody and visitation limitations
- Immigration deportation risk for non-citizens
Financial Burden
- Court fines: $500 to $10,000+
- Victim restitution payments
- Lost income during incarceration
- Increased insurance premiums
- Civil lawsuit liability
- Career advancement limitations
These consequences last for years beyond any jail time. Fighting charges now protects your entire future.
Contact Our Dallas Criminal Defense Lawyers Today
or Call Us Now
+1 469-564-3635Why Choose Gallian Firm
Why Choose Gallian Firm
for Criminal Defense in Dallas?
Former Prosecutor Advantage
“I prosecuted assault cases for Dallas County before defending them. I know how the DA’s office thinks, which evidence they rely on, and what creates reasonable doubt. This insider knowledge gives my clients strategic advantages other attorneys can’t provide.” - Gregg Gallian
24/7 Availability
When you call (214) 432-8860, your case receives urgent attention. Our lines are open 24/7, and our attorneys are immediately notified. We can meet you at the police station, advise during questioning, and begin your defense immediately.
Proven Dallas County Results
85% of our assault clients avoid conviction through dismissals, grand jury no-bills, or reductions to non-assault charges. We’ve handled 200+ assault cases in Dallas County with outcomes that protect our clients’ records and futures.
Aggressive Defense Preparation
We don’t just review police reports — we conduct independent investigations. Our team interviews witnesses police ignored, obtains surveillance footage, and builds comprehensive defense files. Every case is prepared for trial.
Transparent Pricing with Payment Plans
We provide honest fee quotes with no hidden costs. Payment plans are available to make quality defense accessible. Free consultations help you understand options before committing.
What Our Clients Say
“Gallian Firm helped me win my case against all odds.”
Jen B.
“Gallian Firm got me the best outcome I could’ve asked for “
Max L.
“Highly recommend if you are in need of a lawyer.”
Matt C.
GALLIAN FIRM
Meet The
Team
Best, Experienced,
Highly Qualified
Legal Minds
Gregg Gallian
PARTNER
Jaclyn Gallian
PARTNER
Jay Hickey
CRIMINAL DEFENSE ATTORNEY
Carly McCracken
LITIGATION PARALEGAL
Brayden Meadows
CIVIL LITIGATION ATTORNEY
Tam Brewer
OPERATIONS MANAGER
Claire Koke
EXECUTIVE ASSISTANT
Shelia Hawkins
SR. PARALEGAL
Jon Bailey
SENIOR ASSOCIATE
Jessica Gallas
LOCAL ASSISTANT
Annah Miller
CLIENT INTAKE ASSISTANT
Frequently Asked Questions –
DALLAS COUNTY
Can I be charged with assault if I didn’t hit anyone?
Yes. Texas defines assault to include threats of imminent bodily injury or offensive contact. Even verbal threats can result in Class C misdemeanor charges, with fines of up to $500.
What’s the difference between assault and aggravated assault?
Simple assault involves threats, bodily injury, or offensive contact. Aggravated assault involves serious bodily injury OR use/display of a deadly weapon. This distinction determines whether you face misdemeanor (up to 1 year) or felony (2 to 20 years or life) penalties.
Can assault charges be dismissed in Dallas County?
Yes. We’ve obtained dismissals when prosecutors lack sufficient evidence, alleged victims don’t cooperate, video evidence contradicts the complaints, or witness credibility is in question. Our job is to identify and exploit weaknesses in the state’s case.
What if the alleged victim doesn’t want to press charges?
In Texas, prosecutors make charging decisions, not the alleged victims. However, uncooperative victims significantly weaken the state’s case. We’ve seen many dismissals when alleged victims refuse to participate in prosecution.
How does domestic violence affect my assault case?
Assault family violence carries special consequences: mandatory arrest without warrant, temporary protective orders within 24 hours, federal firearm restrictions, automatic felony enhancement for second offenses, and limitations on record sealing.
What should I do immediately after an arrest?
Exercise your right to remain silent – don’t discuss the incident with police without attorney representation. Don’t contact the alleged victim. Photograph any injuries you sustained. Preserve evidence: texts, videos, witness information. Call us immediately at (214) 432-8860 – we answer 24/7.
Will an assault conviction stay on my record permanently?
Class C assault can be expunged after 2 years if no other convictions occur. Deferred adjudication can be sealed through non-disclosure orders. Convictions resulting from regular probation are difficult to remove, but not impossible, with proper legal assistance.
How much does assault defense cost in Dallas?
Fees vary by case severity: misdemeanor assault typically $3,500-$7,500, felony cases $7,500-$25,000+. We offer payment plans and free consultations. The cost of conviction – lost employment, licensing, custody rights – far exceeds attorney fees.
Can I defend myself if I were protecting my family?
Yes. Texas law allows reasonable force when you believe it’s immediately necessary to protect yourself or others from unlawful force. Defense of third persons is an affirmative defense that results in acquittal if proven successful.
What makes former prosecutors better assault defense attorneys?
We spent years prosecuting these cases before switching sides. We know how Dallas County prosecutors build their evidence, which judges respond to certain arguments, and what creates reasonable doubt. This insider knowledge provides strategic advantages other defense attorneys lack.
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