Houston Assault Family Member by Impeding Breathing Attorney James Sullivan Fights for his Clients


Houston Domestic Assault Lawyer James Sullivan Defends Felony Cases

Houston criminal lawyer James (Jim) Sullivan has successfully represented a number of men falsely accused of the serious felony of assault of a family or household member by impeding breathing (strangulation).  By way of detailed defense packets, James Sullivan has persuaded the grand jury to no bill (dismiss) such charges.  James Sullivan has also prepared and set such cases for jury trial which the prosecutor then either chose to dismiss on the trial setting or offered to reduce the case from a felony to a misdemeanor.

One wonders if police officers may sometimes suggest to an alleged victim that she was choked in order to make a felony arrest.  An alleged victim who is already mad at her boyfriend or husband may go along with the suggestion, not realizing the seriousness of such an allegation.  It does seem odd that in some cases the only so-called objective evidence in the police offense report suggesting that such an assault occurred is the officer’s purported observation of “redness” on the person’s neck, yet no photos were taken of this redness and the victim refused medical treatment.

According to a recent Houston Chronicle blog post by reporter Erin Mulvaney entitled “Harris County prosecutors see increase in choking charges” (see below), the number of felony cases filed for Assault Family Member by Impeding Breathing (strangulation) has increased by 40 percent in the first 6 months of 2012 over the same time period as last year.

Harris County prosecutors have seen an uptick in recent weeks in the number of  felony charges against those who choke victims during an attacks, several years after state lawmakers passed a law to stiffen penalties for the offense…

In September of 2009, penalties for assaulting a family member by choking or impeding breathing became more severe, raising the offense level to a third degree felony. In the first six months of this year, there have been approximately 40 percent more cases filed under this statute than in the same time period last year, said Donna Hawkins a spokeswoman for the Harris County District Attorney’s office.

“As people become more aware of the dangers of cutting off a person’s air supply, it is more likely that victims will report this offense, police will arrest defendants, and prosecutors will file these charges,” Hawkins said…

In 2009, a bill sponsored by Rep. Pete Gallego, D-Alpine, became law.  It made a choking an assault a third-degree felony if it included strangulation or suffocation against someone the suspect had been dating or someone in the suspect’s family and a second-degree felony for a second offense.

Proponents of the bill argued that strangling in domestic violence cases was not taken being taken seriously or punished harshly enough. The offense previously was charged as a form of assault, which can be a Class A misdemeanor and does not require a minimum jail time.

Contact a Harris County Criminal Lawyer

Attorney James Sullivan is an experienced Harris County Criminal Defense Attorney serving Greater Houston and Texas since 1994. James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization.
James Sullivan graduated the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your assault by impeding breathing charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

CaseFactsFacts
Assault Family Member by Impeding BreathingClient accused of choking his immigrant wife from an arranged marriage, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under immigration law and petition to stay in the U.S. after a divorce.No billed
Assault Family Member by Impeding BreathingClient accused of choking his wife during an argument.No billed
Assault Family Member by Impeding BreathingClient was accused of choking his wife during a physical altercation in which the client was slapped and scratched.No billed
Assault Family Member by Impeding BreathingClient accused of choking his wife during an argument.Dismissed on trial date
Assault Family Member by Impeding BreathingClient accused of choking his girlfriend during an argument.No billed
Assault Family Member by Impeding BreathingClient accused of choking his wife.No billed
Assault Family Member by Impeding Breathing in Montgomery CountyClient accused of choking his wife during an argument with his 12 year old daughter as a witness. Rather than present defense packet to grand jury, prosecutor dismissed the felony and filed case as a misdemeanor assault. After case was set for trial, prosecutor agreed to deferred adjudication on a lesser misdemeanor of illegal restraint.Dismissed
Assault Family Member by Impeding BreathingClient accused of choking his wife and attacking her, breaking two of her ribs. Reduced from felony to misdemeanor assault with time already (2 days in jail) and no court costs on trial date. Best offer prior to trial was 4 years in prison.Reduced to misdemeanor assault on trial date
Assault Family Member by Impeding BreathingClient accused of choking his wife. State agreed to reduce from felony to misdemeanor assault with deferred adjudication on trial date.Reduced to misdemeanor assault on trial date
Assault Family Member by Impeding BreathingClient accused of choking his spouse. State agreed to reduce from felony to misdemeanor assault with deferred adjudication.Reduced to misdemeanor assault
Assault Family Member by Impeding BreathingClient accused of choking his wife. State agreed to reduce from felony to misdemeanor assault with time served (3 days in jail).Reduced to misdemeanor assault

 

Tags: , , ,

Comments are closed.