Assault Family Violence | Montgomery County Texas Criminal Lawyer James Sullivan Fights at Trial


Montgomery County Texas Domestic Assault Defense Lawyers

Misdemeanor Family Violence Cases are Prosecuted Quickly in Montgomery County

Since the fall 2011, the Montgomery County District Attorney’s office prosecutes misdemeanor domestic assault cases on a dedicated domestic violence docket in County Court-at-Law No. 2.  Cases are fast-tracked in this court and initial bonds are set high (e.g. $20,000).  Local attorneys refer to it as the “rocket docket” because cases are moved extremely fast.  Many criminal lawyers avoid taking cases in this court for that very reason.  Accused usually have their first court setting (arraignment) within two weeks of their arrest.  The case is then reset two weeks later for a pretrial hearing.  At that setting, if the case is not worked out in a plea, then it is set for trial two weeks later.  In other words, from the date of arrest to the date of trial is usually only 6 short weeks.  If the case is not resolved at the pretrial setting and is set for trial, then the court no longer accepts a plea bargain.

As a result of the high bonds and limited time to hire an attorney for trial, fewer defendants can afford to retain experienced defense trial attorneys and either represent themselves to their peril or rely on court-appointed counsel.  Prior to the creation of this rocket docket for misdemeanor family violence cases, the county wide conviction rate for these cases was about 50%, but now the conviction rate has grown to 85%.

Attorney James Sullivan defends clients accused of assault family violence in Montgomery and the surrounding counties with a simple philosophy that applies to all criminal cases.  If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then James Sullivan advises his client that they should fight the case at a jury trial.  Unlike many other attorneys, James Sullivan does not try to convince an innocent person to plead guilty.  Instead, James Sullivan fights for his clients’ rights, freedom and future at trial.

The Consequences for Assault Family Violence

Depending on the circumstances, the prosecutors can charge Assault Family Violence either as a:

  • misdemeanor, or
  • felony.

A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or restricted their breathing, then it is also a Felony.  Note: an inexperienced criminal defense attorney may be able to win the case at the grand jury level, but it is important to retain the attorney right away or the opportunity may be lost.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:

  • Community Supervision (Probation)
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling

The Montgomery County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault involving Family Violenc? Call Conroe Criminal Lawyers James Sullivan & Associates at (281) 546-6428

Defending a Montgomery County Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from an experienced criminal defense lawyers.

The Montgomery County Criminal Lawyers at James Sullivan and Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.

Negotiating a plea deal with prosecutors should be the last resort.  A good Montgomery County domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.

Montgomery County Criminal Lawyers Fighting for Your Rights, Freedom and Future

Contact a Conroe Assault Family Violence Lawyer

The best way to resolve the case is by first talking with a Montgomery County Family Violence Lawyer.  Conroe Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.

James Sullivan & Associates | Conroe Texas Domestic Assault Attorney

NTL-top-100-memberJames Sullivan attended 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 initial consultation at (281) 546-6428 about your domestic assault 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.

CRIMINAL OFFENSEACTUAL RESULTS - FAMILY VIOLENCE CASESCT #
AGGRAVATED ASSAULT FAMILY MEMBER in Fort Bend CountyCASE DISMISSED BY GRAND JURY (Client was accused of threatening her mother with a knife)268th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana)248th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head)177th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of intentionally trying to drive into and strike his girlfriend)183rd
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
AGGRAVATED ASSAULT FAMILY MEMBERPSI HEARING: RECEIVED DEFERRED ADJUDICATION PROBATION (Client with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time)174th
AGGRAVATED ASSAULT FAMILY MEMBERCASE REDUCED TO MISDEMEANOR DEADLY CONDUCT with 30 days of actual jail time (Client accused of ramming his car into his girlfriend's car with her in it)230th
AGGRAVATED ASSAULT FAMILY MEMBERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of stabbing her boyfriend with a knife)232nd
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. As a felony habitual, client faced 25 years to Life in prison)174th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED (Client accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)176th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client was accused of abusing his 15 year old daughter even though he used reasonable discipline against her. She was being rebellious and he spanked her with a belt to discipline her)208th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)338th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERREDUCED TO CLASS A MISDEMEANOR ASSAULT with jail time already served (3 days)(Client had 2 previous Assault family violence convictions involving a different complainant. Client accused of injuring his wife's neck)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during an argument)180th
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during a physical altercation in which the client was slapped and scratched)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of suffocating his wife with a pillow)263rd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of choking his immigrant wife, 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 mmigration law and petition to stay in the U.S. after a divorce)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGREDUCED TO MISDEMEANOR ASSAULT with two years of defeferred adjudication probation (Client accused of choking his wife and was facing 2-20 years in prison as a family violence second offender)263rd
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT conviction with jail time already served (two days). Best offer prior to trial was 4 years in prison (Client accused of choking his wife and breaking one of her ribs)178th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT with one year of defeferred adjudication probation (Client accused of choking his wife)179th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGCASE REDUCED TO MISDEMEANOR ASSAULT with jail time already served (6 days) (Client was accused of choking his spouse)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT by reckless conduct with 1 year of deferred adjudication probation at trial setting (Client was accused of choking his spouse)339th
CONTINUOUS ASSAULT FAMILY VIOLENCE in Montgomery CountyREDUCED TO MISDEMEANOR ASSAULT with one year of deferred adjudication probation and no finding of family violence (Client accused of hitting his wife on two different days of the same week)221st
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client slapped his adult daughter after she cursed him to his face)8
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client allegedly committed an assault against her spouse)7
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his girlfriend)6
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his wife in order for her to justify an emergency job transfer back to her hometown)13
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of injuring his girlfriend at the time they had a heated argument and broke up)4
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of his injuring his pregnant wife. Prosecutor agreed to dismiss the case after some marital counseling)6
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of hitting his adult son after his son stole his work truck to buy drugs)5
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked her husband. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked his girlfriend. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Waller CountyCASE DISMISSED (Client was accused of injuring ex-wife after divorce was final. Client insisted he was innocent. State dismissed the case in the interests of justice)County Court
ASSAULT FAMILY MEMBER in Liberty CountyCASE DISMISSED (Client was accused of hitting his spouse)County Court
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT with 4 weekends of work instead of jail time. Client accused of choking his girlfriend. She then went to get her gun and they fought over the weapon until he could remove it from the house. Client served prison time in another state and could have faced 25 years to life in prison.230th

 

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