Assault Causing Bodily Injury | Houston Criminal Lawyer


Houston Assault Defense

If you have been accused of assault causing bodily injury in Houston, it is important to hire an experienced criminal defense lawyer who will actively listen to your side of the story and be willing and able to zealously defend you at a jury trial.  Consulting with and retaining a reputable trial lawyer to defend you should be your first line of defense.  A trial lawyer can analyze the strength of your case and has the experience to get you the best possible result.  This is especially important because the penalty range under state law for an assault conviction is serious and can lead to a criminal record, a steep fine and a lengthy county jail sentence for a misdemeanor or prison term for a felony.

An individual can be falsely accused of assault for many different reasons.  For example, if another person provoked or taunted you and you responded in self-defense because you reasonably believed that the other person was about to hit you, they may claim you assaulted them when they were really the first aggressor.  Or, if you get into a heated argument with another person that leads to a mutual fight, they may claim you assaulted them when it was actually a mutual fight that they lost.

An individual can also be accused of assault for threatening to cause someone bodily injury or even for merely touching another person in an offensive manner.

In order to prevent future violence, law enforcement officers often make hasty arrest decisions in cases involving allegations of assault.  This is especially true when family violence is alleged.  However, as there are always two sides to every story, it is important to hire an experienced Houston criminal defense lawyer who can fight for you at trial and persuasively present your side of the story to the jury.

If you have been charged with the criminal offense of assault in Harris county (Houston), or any of the surrounding counties in Texas, including Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Fort Bend (Richmond), Brazoria (Angleton), Galveston (City of Galveston) or Washington (Brenham), contact James G. Sullivan and Associates at (281) 546-6428 to defend you.  Attorney James (Jim) Sullivan has fought criminal cases at trial since 1994.  Sullivan will fight for your rights, freedom and future.

Assault in Harris County

According to Texas Penal Code Section 22.01, assault charges in Houston can come about in a number of different ways.  For example, an individual can be charged with a Houston assault if

  • the accused caused bodily injury (“pain”) to another person
  • by acting in an intentional, knowing or reckless manner.

An individual can also be charged in Houston with assault if the accused

  • threatens to cause bodily injury (“pain”) to another person
  • in an intentional and knowing manner.

Lastly, assault charges in Houston can come about when an accused

  • intentionally or knowingly
  • makes physical contact with another person
  • which the accused knew or should have known the other person would perceive as offensive.

Houston Assault Punishment

An assault conviction in Houston can lead to serious penalties, including a criminal record, a steep fine and a lengthy county jail sentence for a misdemeanor or prison term for a felony.

In Texas, certain assault offenses are charged as a Class C misdemeanor if

  • the accused intentionally or knowingly threatened another person with imminent bodily injury, or
  • the accused intentionally or knowingly made physical contact with another person which they knew the person would perceive as offensive.

A conviction for a class C misdemeanor assault is punishable by a fine up to $500.

Other assault offenses are charged as a Class A misdemeanor if

  • the accused knowingly, intentionally or recklessly caused bodily injury to another person, and/or
  • intentionally or knowingly made physical contact with an elderly or disabled individual which they knew would be perceived as offensive.

A conviction for a Class A misdemeanor assault is punishable by a county jail sentence up to one year and/or a fine up to $4,000.

A sports related assault offense is charged as a Class B misdemeanor if the non-sports participant accused

·         intentionally threatened another person with bodily injury and/or

  • Intentionally or knowingly made physical contact the accused knew would be perceived as offensive to
    • A sports official performing their professional duty, or
    • In retaliation to a sports official performing their professional duties.

A conviction for a Class B misdemeanor assault is punishable by up to 180 days in the county jail and/or a fine up to $2,000.

If the accused intentionally, knowingly or recklessly causes bodily injury (“pain”) to another person, the accused can be convicted of a third degree felony if the assault is committed against

  • a public servant,
  • a family member or significant other,
  • a government official,
  • a security officer, and/or
  • emergency service personnel.

A conviction for a third degree felony is punishable by a prison sentence from two to ten years and/or a fine up to $10,000.

If the accused intentionally, knowingly or recklessly impedes another person’s breathing by choking them or covering their airways, the accused can also be convicted of a third degree felony with the same punishment range as above.  However, if the accused commits this offense against a family member and the accused has a history of violence against a family member, the accused can be convicted of a second degree felony which carries a prison sentence of two to 20 years and/or a fine up to $10,000.

If the person accused of assault family violence has a criminal history of committing family violence, they can be charged with a felony of the third degree.

Harris County Grand Jury Defense for Felony Assault Charges

If you are accused of a felony assault, you should contact an experienced criminal defense attorney right away because he may be able to win your case at the grand jury.  Once your felony case has been indicted by the grand jury, this option is no longer available.  Attorney James Sullivan has fought and won over 20 felony cases at the grand jury level in just the past few years.  When a case is dismissed (no billed) by the grand jury, the accused has the immediate right to seek an expunction of the felony charge from their record.  Sullivan has been able to do this for many of his clients accused of felony offenses.

James G. Sullivan and Associates | Houston Assault Attorney

James 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 phone consultation at (281) 546-6428 about your 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.

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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