Finding out that you or a family member has been charged with a violent crime in Dallas is terrifying. The criminal justice system moves quickly, the consequences are severe, and it can feel impossible to know where to turn. This guide is designed to walk you through what to expect — step by step — so you can make informed decisions from the very first moment.
What Counts as a Violent Crime in Texas?
Under Texas law, violent crimes generally involve the use of force or the threat of force against another person. Common charges include:
- Assault and Aggravated Assault — ranging from threats of bodily harm to attacks involving a deadly weapon
- Robbery and Aggravated Robbery — theft involving force, threats, or a weapon
- Sexual Assault — any non-consensual sexual contact
- Murder and Manslaughter — charges that vary significantly depending on intent and circumstances
- Family Violence — assault charges involving a household or family member
The penalties for violent crimes in Texas are serious. Depending on the charge, you could be facing anywhere from a Class A misdemeanor to a first-degree felony, which carries a sentence of 5 to 99 years in prison.
Step 1: The Arrest
If you have been arrested for a violent crime in Dallas, the first thing to understand is this: do not speak to law enforcement without an attorney present. You have the right to remain silent, and anything you say will be used against you. Politely but clearly invoke that right and ask for a lawyer immediately.
After an arrest, you will be booked into the Dallas County Jail. This process involves fingerprinting, photographs, and a review of any outstanding warrants.
Step 2: The Bail Hearing
Within 24 to 48 hours of your arrest, you will appear before a magistrate for a bail hearing. The judge will decide whether to release you before trial and, if so, set the conditions of that release.
For violent crime charges, bail can be set very high — or denied altogether if the judge determines you are a flight risk or a danger to the community. Having an attorney present at this stage to argue for reasonable bail conditions can make a significant difference in whether you go home or remain in custody while your case proceeds.
Step 3: The Indictment or Information
For felony charges in Texas, the case is typically presented to a grand jury, which decides whether there is enough evidence to formally indict you. If indicted, you will be formally charged and your case will move forward in district court.
For misdemeanor violent crimes, the prosecutor files a document called an “information” rather than seeking a grand jury indictment.
This stage is where having an experienced defense attorney is critical. Your attorney can review the evidence the prosecution intends to use, identify weaknesses in their case, and begin building your defense strategy.
Step 4: Arraignment
At your arraignment, you will appear in court and enter a formal plea — guilty, not guilty, or no contest. In almost every case, the right move at this stage is to plead not guilty, regardless of the circumstances. Entering a not guilty plea preserves your options and gives your attorney time to fully investigate the case before any decisions are made.
Step 5: Pre-Trial Motions and Negotiations
This is often where cases are won or lost. Your attorney will file pre-trial motions to challenge the evidence against you. Common motions include:
- Motion to Suppress Evidence — arguing that evidence was obtained through an unlawful search or seizure
- Motion to Dismiss — arguing that the charges lack legal merit
- Motion for Discovery — compelling the prosecution to turn over all evidence in their possession
At the same time, your attorney will be in negotiations with the prosecutor. Depending on the strength of the evidence, a plea agreement may be in your best interest — or it may not. This is a decision that should only be made after a thorough review of all the facts with your attorney.
Step 6: Trial
If your case goes to trial, you have the right to be judged by a jury of your peers. The prosecution bears the burden of proving every element of the charge beyond a reasonable doubt. Your attorney’s job is to challenge their evidence, cross-examine their witnesses, and present a compelling case for your defense.
Texas juries take violent crime cases seriously. The quality of your legal representation at trial can be the single most important factor in the outcome of your case.
Step 7: Sentencing
If you are convicted — whether at trial or through a plea agreement — the judge will impose a sentence. In Texas, sentencing for violent crimes can include prison time, probation, fines, restitution to victims, and mandatory counseling or treatment programs. Your attorney can advocate for the most favorable sentence possible based on the specific facts of your case and your personal history.
Do Not Wait to Get Help
The most important thing you can do after a violent crime charge in Dallas is act quickly. Evidence can disappear, witnesses’ memories fade, and procedural deadlines can close doors permanently. The sooner you have an experienced attorney working on your case, the better positioned you are.
At Lewis & Ashworth, we represent clients facing serious violent crime charges throughout the Dallas-Fort Worth area. We understand the fear and uncertainty you are facing right now, and we are here to give you honest guidance and aggressive representation from day one.
Call our Dallas office today to schedule a consultation. Your future is worth fighting for.