Aggravated Assault Defense Attorney in Irving

Direct Representation, Bilingual Access, & Immigration-Aware Defense

An aggravated assault charge is a felony in Texas. The consequences reach far beyond the courtroom, and the decisions made in the first days after an arrest can shape everything that follows. I’m Erin Kelley, and I handle every aggravated assault case personally. You won’t be passed to an associate or handed off to rotating staff. I keep a deliberately smaller caseload so each client gets the attention their case actually requires.

I work with clients in both English and Spanish, so Spanish-speaking clients can communicate directly with their attorney from the first conversation through resolution. My office is conveniently located near the Irving Municipal Court and major DFW thoroughfares, and I practice in the Dallas County criminal courts where Irving felony charges are heard. For non-citizen clients, I share an office with two immigration attorneys to address the deportation and status risks that a felony conviction can trigger. Affordable payment plans are available, with a payment portal accessible on the firm website.

If you’re facing an aggravated assault charge in Irving, call me at (469) 564-3420 to discuss your case directly with the attorney who can handle it.

What Texas Law Says About Aggravated Assault

Under Texas Penal Code Section 22.02, aggravated assault occurs when a person intentionally, knowingly, or recklessly causes serious bodily injury to another, or uses or exhibits a deadly weapon during an assault. Those two factors, serious bodily injury and deadly weapon use, are what elevate a simple assault into a felony charge.

Serious bodily injury means injuries that create a substantial risk of death, cause serious permanent disfigurement, or result in protracted loss or impairment of a bodily organ or function. A deadly weapon isn’t limited to firearms or knives. Texas courts have found vehicles, bats, rocks, and other improvised objects to qualify when used in a manner capable of causing death or serious bodily injury.

Felony classifications and sentencing ranges:

• Second-Degree Felony: The standard classification for aggravated assault, carrying 2 to 20 years in prison and a fine of up to $10,000.
• First-Degree Felony: Certain circumstances elevate the charge. When the actor uses a deadly weapon and causes serious bodily injury to a family or household member, the offense becomes a first-degree felony. Assaults committed against a public servant, security officer, or in retaliation against a witness are also elevated regardless of whether a deadly weapon was used. The sentencing range is 5 to 99 years or life in prison, with a fine of up to $10,000.

A conviction also carries collateral consequences that persist long after any sentence is served: loss of the right to own or possess firearms, barriers to employment and professional licensing, housing discrimination, and for non-citizen clients, serious immigration consequences including deportation risk. One more fact worth knowing early: a victim can’t unilaterally drop an aggravated assault charge. The Dallas County District Attorney’s Office controls the charging decision and can proceed without the victim’s cooperation.

How Irving Aggravated Assault Cases Move Through the Court System

Where your case is heard matters. Irving felony charges, including aggravated assault, aren’t handled by the Irving Municipal Court. That court has jurisdiction over Class C misdemeanor matters only. Felony charges route to the Frank Crowley Courts Building in Dallas, where they are indicted and prosecuted by the Dallas County District Attorney’s Office.

My practice is focused on Dallas County criminal courts, including the courts that handle Irving felony cases. That familiarity extends to specific prosecutors, judge tendencies, and the DA’s office approach to violent crime charges. Knowing how individual prosecutors approach plea negotiations, which pre-trial motions tend to gain traction before particular judges, and how local court dynamics play out in practice isn’t incidental to defense strategy. It is part of it, and it shapes how I position a case from the first appearance forward.

How I Build a Defense for Aggravated Assault Charges

Every defense begins with a thorough review of what actually happened. I examine the arrest circumstances, scrutinize witness statements and police reports for inconsistencies, and assess whether any constitutional violations occurred during the investigation or arrest. An unlawful stop, an improper search, or a Miranda violation can provide grounds for suppressing evidence before a case ever reaches trial.

Defense Strategies I Examine

Common defenses in Texas aggravated assault cases include self-defense under Texas Penal Code Section 9.32, defense of others under Section 9.33, lack of intent, mistaken identity, insufficient evidence, and constitutional challenges to how evidence was obtained. Where the facts support it, I negotiate for charge reductions, explore deferred adjudication, which can allow eligible defendants to avoid a formal conviction, or pursue alternative sentencing. Deferred adjudication may be available in some cases, particularly for first-time offenders or where no aggravating factors are present.

Immigration Consequences & Coordinated Defense

For non-citizen clients, the stakes of any resolution go beyond the criminal sentence. A felony conviction for aggravated assault can trigger deportation, affect visa status, or jeopardize a path to legal residency. Because I have prior experience in immigration proceedings and share an office with two immigration attorneys, that risk becomes part of my defense analysis from the beginning, not an afterthought addressed after a plea deal is already done.

Discuss Your Case with an Irving Aggravated Assault Defense Lawyer

The defense strategy you build in the early stages of an aggravated assault case matters. Acting quickly allows me to preserve evidence, identify constitutional issues in the arrest, and begin building a defense before key facts become harder to establish.

When you contact me, you speak directly with the attorney who can handle your case. I offer consultations in English and Spanish and can walk you through what you’re facing and what options may be available. Reach me at (469) 564-3420 or through the contact form on this site.

Don’t wait to get answers. Call (469) 564-3420 now and speak directly with me about your case.