Battery Attorney in Irving, TX

Personal Battery Defense in Irving. Direct Access to Your Attorney.

Texas doesn’t have a separate battery statute. What most people call battery, harmful or offensive physical contact with another person, is charged under Texas Penal Code Section 22.01 as assault. If you’ve been charged or believe charges are coming, I’m Erin Kelley, and I defend clients facing these charges in Irving and throughout the Dallas-Fort Worth area. I handle every case personally, from your first call through resolution, and I offer a free initial consultation to walk through the charge and your options.

Early attorney involvement matters. How a charge is framed, what evidence gets preserved, and how the prosecution builds its case can all be shaped by when you get counsel involved. I offer affordable payment plans, so cost isn’t a reason to wait.

Facing a battery charge in Irving? Call me now at (469) 564-3420 to schedule your free consultation.

How Texas Classifies Assault & Battery Charges

Because Texas folds battery into its assault statute, the charge level depends on what happened, who was involved, and your prior record. The range runs from a Class C misdemeanor to a first-degree felony, and the difference in consequences is significant.

• Class C Misdemeanor: Simple assault involving threats or offensive contact with no physical injury. Punishable by a fine up to $500 with no jail time.
• Class A Misdemeanor: Assault causing bodily injury to another person. Up to one year in jail and fines up to $4,000.
• Third-Degree Felony (2 to 10 years, up to $10,000 fine): Assault against a public servant, a government worker at a correctional or treatment facility, a security officer, or emergency services personnel.
• Second-Degree Felony (2 to 20 years): Assault against a peace officer or judge in the performance of their duties; also applies to aggravated assault with a deadly weapon.
• First-Degree Felony (5 to 99 years): Aggravated assault committed against a public servant, aggravated assault with a deadly weapon that causes serious bodily injury to a family or household member or someone in a dating relationship, or other qualifying enhancements under Texas Penal Code Section 22.02.

Courts may also impose restitution covering the alleged victim’s medical costs, counseling, and property damage. Felony charges arising from Irving are prosecuted in Dallas County at the Frank Crowley Courts Building in Dallas.

Why Irving Clients Choose Me as Their Battery Defense Attorney

I deliberately keep a smaller caseload than most attorneys. That’s not a marketing line. It’s how I practice. When you call or email Kelley Legal, you reach me, not a paralegal or a junior associate. I know the details of your case because I’m the one working it.

For Spanish-speaking clients, I provide bilingual representation in English and Spanish directly. There’s no third-party interpreter. You can ask questions, review documents, and discuss strategy in the language you’re most comfortable with, and nothing gets filtered through a middleman.

My office is co-located with two immigration attorneys. A conviction, even a misdemeanor, can affect visa status, permanent residency, or trigger removal proceedings depending on the facts and your immigration situation. I coordinate directly with those attorneys before any plea decision is made, so you understand the full picture before you agree to anything. That kind of cross-disciplinary review typically happens after a plea, if it happens at all. Here, it happens before.

Affordable payment plans are available to make quality representation accessible without forcing a financial decision at the worst possible moment.

Defense Strategies in Texas Battery Cases

Every case is different, and the right defense depends on the specific facts. I evaluate each situation carefully before deciding whether to pursue trial, negotiate charges, or seek alternatives like deferred adjudication. Here are the main avenues I examine:

Self-Defense and Defense of Others
Texas law permits the use of force when a person reasonably believes it’s immediately necessary to protect themselves from unlawful force, under Texas Penal Code Section 9.31. Defense of another person follows the same framework under Section 9.33. You may be justified in using force to protect a third party if you reasonably believe your intervention is immediately necessary. If the conduct was defensive, that’s a direct challenge to the prosecution’s theory.

Lack of Intent
Texas Penal Code Section 22.01 requires the prosecution to prove the defendant acted intentionally, knowingly, or recklessly. Contact or injury that was genuinely accidental doesn’t meet that standard. Evidence of how the incident unfolded can undermine the prosecution’s required proof on intent.

Mistaken Identity & Witness Credibility
Eyewitness accounts are frequently unreliable in high-stress situations. Alibi evidence, surveillance footage, and careful cross-examination can challenge a charge built on identification that isn’t solid.

Suppression of Unlawfully Obtained Evidence
Evidence collected through an unlawful search or seizure may be suppressed. Removing key evidence before trial can significantly weaken the prosecution’s case or affect plea discussions.

Reasonable Doubt
The prosecution carries the burden of proving every element beyond a reasonable doubt. Gaps in physical evidence, inconsistencies in testimony, or limited victim cooperation can all create reasonable doubt.

Deferred Adjudication
For eligible first-time offenders, deferred adjudication is a form of community supervision that keeps a formal conviction off the record if completed successfully. Eligibility depends on the charge level, the facts, and the prosecutor’s position. I’ll tell you honestly whether it’s worth pursuing.

Start Your Battery Defense Consultation Today

I offer a free consultation to review the charge, discuss what defenses apply to your situation, and explain what the process looks like from here. You can reach me at (469) 564-3420 or through the contact form on the site. Bilingual consultations in English and Spanish are available directly with me, no interpreter, no delay.

If immigration status is a concern, say so when you call. That’s exactly the kind of situation where early coordination matters, and I’m set up to address it. For Spanish-speaking clients, our página en español sobre agresión también está disponible. You can also read more about how I handle assault charges in Irving on the assault page.

Don’t wait to get counsel involved. Call (469) 564-3420 or use the contact form to schedule your free consultation today.