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Harris County Aggravated Assault Defense

Houston Aggravated Assault Attorney for over 25 years

Aggravated assault or assault with a deadly weapon is a serious felony offense in Houston. A conviction for aggravated assault can result in severe penalties, including lengthy prison time and a large fine. Such a conviction can also badly impact your future, such as by losing educational, employment, housing and public assistance opportunities. A conviction will also prevent you from ever owning or possessing a firearm.

It is important to hire an experienced Houston aggravated assault lawyer. Criminal charges for aggravated assault do not have to result in a conviction and the resulting lifelong consequences. In order to convict you, the state prosecutor must prove to a jury that you committed every element of the felony offense beyond a reasonable doubt. With an experienced trial lawyer defending you, this is a very difficult burden to meet, and any reasonable doubt in the mind of any of the members of the jury can result in a not guilty verdict or a hung jury. Therefore, it is vital to contact an experienced criminal attorney in Houston who will fight for you.

If you have been charged with the criminal offense of aggravated assault in Harris county or any of the surrounding counties in southeast Texas, contact James G. Sullivan and Associates for a free consultation at 281-546-6428. Attorney James Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

Aggravated Assault in Houston

According to section 22.02 of the Texas Penal Code, an individual can be charged with aggravated assault if they cause serious bodily injury to another or use or exhibit a deadly weapon during the commission of an assault offense.

According to section 22.01 of the Texas Penal Code, an individual can commit assault in Texas if they intentionally or knowingly cause or threaten to cause bodily injury to another person, or cause offensive physical contact to another person.

What is Bodily Injury and Serious Bodily Injury in Texas?

According to section 1.07(a)(8) of the Texas Penal Code, “bodily injury” means physical pain, illness, or any impairment of physical condition.

According to section 1.07(a)(46) of the Texas Penal Code, “serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What is a Deadly Weapon in Texas?

According to case law, three things can qualify as deadly weapon:

  1. firearms;
  2. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
  3. anything else that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Examples of Deadly Weapons

There are not many deadly weapons listed as such per se. According to Section 46.01 of the Texas Penal Code, deadly weapons commonly used during the commission of aggravated assault offenses can include any of the following:

  • Clubs
  • Explosive weapons,
  • Firearm,
  • Handgun,
  • Illegal Knife (such as a knife with a blade over five and one-half inches; a hand instrument designed to cut or stab another by being thrown; a dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear.)
  • Knife,
  • Knuckles,
  • Machine gun,
  • Short-barrel firearm,
  • Switchblade knife
  • Chemical dispensing device, and
  • Zip gun.

Deadly by Manner and Means of Use

Furthermore, according to case law, there is an extensive list of things that can be proven to be deadly by the way the accused used them during the commission of the aggravated assault offense, including:

  • HIV
  • Hammer
  • Pipe
  • Fire
  • Hand
  • Foot
  • Coke bottle
  • Leg of a bar stool
  • Ax handle
  • Motor vehicle
  • Shank
  • Screwdriver
  • BB gun
  • Wooden stick
  • Dustpan
  • Gasoline
  • Dumpster in which a baby is discarded

Punishment for Aggravated Assault in Houston

Chapter 12 of the Texas Penal Code lists the felony punishment for aggravated assault in Houston.

Aggravated assault is usually charged as a second degree felony. A conviction for such a felony is punishable by a prison sentence ranging from two to 20 years and a fine up to $10,000.

However, aggravated assault can be charged as a first degree felony if the assault was committed against:

  • a family member or significant other and causes that person serious bodily injury;
  • a public servant while the public servant was discharging an official duty
  • a security officer while the officer is performing a duty as a security officer; or
  • in retaliation against a witness, prospective witness, informant, or person who has reported the occurrence of a crime.

A conviction for a first degree felony is punishable by a prison sentence ranging from five to 99 years or life in prison and a fine up to $10,000.

Criminal charges for aggravated assault can also result in a first degree felony conviction if the accused is:

  • in a motor vehicle,
  • knowingly discharges a firearm at or in the direction of a habitation, building or vehicle,
  • is reckless as to whether the habitation, building or vehicle is occupied,
  • and causes serious bodily injury to any person.

The punishment for this offense is also a prison sentence ranging from five to 99 years or life in prison and a fine up to $10,000.

Defenses to Aggravated Assault in Houston

Occasionally, and in certain circumstances, there may be legal defenses available to aggravated assault. It is important to discuss with an experienced Houston criminal defense attorney the elements of your criminal charges as that attorney can evaluate your case and advise you as to any appropriate defense.

  • Self-Defense. According to Section 9.31 of the Texas Penal Code, a person is permitted to use force, and sometimes deadly force, against the immediate threat of injury or bodily harm.
  • Lack of a Deadly Weapon. If your criminal defense attorney can show that a deadly weapon was not present, used or exhibited during the commission of the assault offense, the state prosecutor may reduce or dismiss the aggravated assault charges against you.
  • Lack of Intent. Intent is a required culpable mental state to all assault offenses. If your criminal defense lawyer can demonstrate that you did not have the requisite intent to commit assault, the state prosecutor may reduce or dismiss the aggravated assault charges against you.

Grand Jury Defense for Aggravated Assault Charges

If you are accused of aggravated 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 many felony cases at the grand jury level throughout his over 25 years of legal practice, including over 55 felony cases in just the past few years. When a case is dismissed (no billed) by the grand jury, the accused may be able 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. One of his many client reviews on AVVO:

Client Reviews for Aggravated Assault Charges

Highest Recommendation

I issue my highest recommendation to Attorney Jim Sullivan, who proved to be an honest, hard-working professional that thoroughly defended my ex-husband and friend, Johnny, when he found himself in bleak circumstances. Johnny was charged with aggravated assault nine days after he shot a man in self-defense when the man broke into his home. 
On March 16, 2016, Johnny visited me, and told me that he was very concerned that a former friend and neighbor he had allowed to stay at his house for a few days was acting erratic and hostile, and that household items were missing. He said he only allowed Kyle to stay at his house to keep him from being arrested following a family argument. Due to his concerns, Johnny said that morning he repeatedly asked Kyle to leave, then told him to leave by 5:00 pm, but Kyle was still there when Johnny went home after work. I suggested he tell the man to leave one more time, and then to call the police if he refused to go. 
Around 10:00 p.m. that night Johnny dialed the police after Kyle verbally threatened him and again refused to leave. Once the police were called, Kyle did exit the house, and Johnny locked all the doors. Witnesses outside the house verified that Kyle returned minutes later, beat on the front door, yelled threats, and then entered the house through the garage and then doggie door. Kyle had apparently disabled the garage door lock. Johnny, 53, was disabled from a duty-related accident that left one leg slightly crooked and held together with titanium rods. In addition, a motorcycle accident the previous year left him unable to form a complete fist on his writing hand and he had a titanium elbow. The bottom line was that Johnny could not run and he could not defend himself. Therefore, in self-defense, he shot Kyle in the upper chest when he got within a foot of him, fists up and yelling. Police came, Kyle was taken for treatment, and initially Kyle told the police that he was at fault and did not want to press charges. 
However, nine days later Kyle pressed charges and my friend, who was a former Air Force K-9 Security Officer and a member of the Patriot Guard, was arrested. After Johnny posted a bond, he missed his first court date because he wasn’t notified of it. He then contacted Mr. Sullivan, who took his case even though he could not pay him right away and managed to get his bond re-instated. Sadly, the day before the new court date Johnny was on his way to get a loan on his motorcycle to pay the attorney when he was involved in another motorcycle accident. Mr. Sullivan kept working on Johnny’s case even though Johnny was hospitalized for 23 days and consequently lost his job. 
Johnny remarked on how much time and effort Mr. Sullivan took to gather witness statements and to write a persuasive defense packet for the grand jury. He visited Johnny multiple times at the hospital and at his home, and took photographs of the house to give the grand jury a clear idea of how events unfolded. He gave Johnny hope that things would get better. As a direct result of Mr. Sullivan’s efforts, Johnny’s aggravated assault case was no billed. 
Although his health worsened and Johnny passed away a few weeks ago, he was vindicated in defending himself in his own home. Johnny died at home in his own bed, a free man. 
I fully recommend Mr. Sullivan as a fair, thorough attorney for anyone who finds themselves in a difficult situation, and needs help and hope. Thank you Jim for helping my friend. 

–Avvo review posted by Melody on October 3, 2016

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An AMAZING lawyer

I must say Mr Sullivan is a man of his word. I have a pretty long record so when I had got arrested for Aggravated assault on a family member for my 3rd time, I seriously believed that there was NO hope, but I was wrong. Mr sullivan made sure to make my case a top priority and reassured me that everything would be just fine when I had my doubts, due to my past convictions. My ex girlfriend tried to assault me with a broken wine bottle when i kept telling her i no longer wanted to be with her but when I kept attempting to keep the glass from cutting either one if us, she accidently got hurt in the process. I helped her clean her wound but I asked her to leave as I felt that night had already brought too much drama, and she was highly intoxicated and persistent about gettin aggressive if I didn’t take her back. A month later a warrant was issued for my arrest and I got picked up by the police at my home one morning. I’m forever grateful that I found out about the warrant right before I got arrested because I read about Mr. Sullivan on Google and I decided that he was the man that I wanted to handle my case. My punishment ranges from 2-20 years and I knew for sure with my long record and the seriousness of that crime that the d.a wouldn’t offer me the minimum. Mr sullivan was very down to earth and really cared about gettin this case dismissed for me so that I could get back in school and continue my life as a productive member of society. Several weeks passed because the prosecutor kept delaying the process, and I started to get a bit discouraged but Mr. Sullivan’s confidence and reassurance about my case and all of the evidence he gathered for me helped me so much. Sure enough everything he told me that he would do, he did. He got my case dismissed and I’m back in school just like he said to me. Thank you so much Mr. Sullivan, youre truly a blessing and I don’t know what I would’ve done without you 🙂

–Avvo review posted by Andrea on November 8, 2015

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Thanks Mr. Sullivan for Getting Our Lives Back

My husband Richard Longtine was involved in an unfortunate and violent altercation in the home while our four year old daughter was nearby. Richard’s brother is a drug addict, was high on synthetic drugs, flipped out over something petty, pulled out a knife and then lunged towards Richard’s face. Richard threw his arms up to block the thrust and got stabbed in his right arm. My husband then scrambled to his bedroom to get his gun. His brother followed quickly after him with the knife in his hand. When his brother kept advancing on him and refused to drop the knife, my husband had to shoot him to survive. His brother was released from the hospital the same day, but the lack of a proper police investigation and the lies told by a witness caused my husband to be charged immediately after the shooting with “Aggravated Assault on a Family Member“! My husband was arrested and taken downtown to jail, he had never had any trouble with the law prior to this situation. I called around to several attorneys who seemed very “gung ho” on getting paid and some even charged just to talk. I found Jim Sullivan on the Avvo website where he has superb reviews. Speaking on the phone with Jim I was instantly ready for a face to face, we headed to his office the same day. Jim is very knowledgeable in this field and comforting. He breaks down what legal terminology you do not understand and explains it in layman’s terms. This situation would be scary for anyone, especially people who have never dealt with anything like this before, and some of the attorneys I spoke with were very crude (one even immediately called our judge a foul word and said we were screwed ) and hard to understand when it came to explaining our situation. Jim explained that he believed that he could get the case no billed (dismissed) by the grand jury so that my husband could get the charges expunged from his record. Within a few weeks of meeting him, Jim put together a compelling defense packet for the grand jury. My husband was arrested on September 27, 2014 and his case was NO BILLED by the grand jury on December 5, 2014. Thanks Jim for all of your help and kindness. It really helped the best it could in a situation like this!

–Avvo review posted by Destiny on January 9, 2015

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Not Guilty

Jim Sullivan is a lawyer that cares. He is willing to put himself and his career on the line for justice and he works hard for what is right. Last year, he represented me in a case in which I was wrongly charged with Aggravated Assault with a Deadly Weapon (a very serious felony).

Jim Sullivan was able to prove in trial to a jury that I acted in self-defense. Jim spent several months and countless hours on my case. Most lawyers never go to trial. Even though the State offered me deferred adjudication probation, Mr. Sullivan advised me not to take it and to insist on a jury trial.

During trial, the State was clearly frustrated by Mr. Sullivan’s skillful ability in cross-examining the State’s witnesses and portraying what the case was really about–that I had the right to use a gun to defend myself against what I reasonably believed to be two men trying to rob me in a dark parking lot outside a club.

By the close of evidence, the State felt so bad about their case that they strongly argued that the jury should have the right to find me guilty of a misdemeanor assault, but it didn’t matter. The jury reached the right verdict and found me not guilty.

The false accusations were then expunged and my record was once again clean. My family and I were very fortunate and blessed to have such a good attorney on our side and we now consider him a good friend. I served in the military for 10 years, including a combat tour in Iraq. To fellow Veterans: Mr. Sullivan is a true patriot and definitely the attorney you want serving beside you.

–Google review posted by Army Vet in July 2018

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Excellent Criminal defense Lawyer

I am so glad that I met Attorney Jim Sullivan. He was very helpful and he calmed my nerves when I first met him.He spent over three hours talking to me and my father about ways to get my case resolved.He didn’t have to go this late but he took his time and explained everything thoroughly to me and explained step-by-step what needed to be done. Miss Nancy Botts, another lawyer that works with Jim, was also amazing and talked to me and my family about my case. She went out of her way to come and meet me because I was not allowed to stay with my family during the case. So she met with me and went over everything that happened and also met with my family and also wrote down what happened and took evidence of everything that went on. I was very nervous because I was facing a 1st degree felony of aggravated assault with a deadly weapon family violence. And that could’ve meant five years to life in prison. Never in my wildest dreams did I every imagine I would be in such a situation but fortunately Jim and Nancy saw the good in me and wanted to help me out.Because of their exhaustive and meticulous work my case was no billed by the grand jury in Fort Bend County. I appreciate everything Jim and Nancy have done and I will recommend them to anybody who inquires about criminal defense attorneys. Because of them I have my freedom and I will be able to continue to pursue my life’s goal in grad school.

–Avvo review posted by client on November 27, 2017

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Thanks Mr. Sullivan for getting my son’s aggravated assault charge dismissed by the grand jury in Montgomery County

On March 4, 2016, my son was arrested and charged with aggravated assault in Montgomery County. Around 1am that night 5 men came to my son’s apartment in 2 different vehicles, one stolen along with guns, ski masks and gloves. My son heard them outside and looked from the balcony and saw one of them attempting to steal his car. Afraid and uncertain he grabbed his gun and yelled “get the hell away from my car!” The other 4 guys were heading to his apartment so my son fired 3-4 warning shots with the intention to scare them away. Unfortunately he struck one of them in the chest and they took off. 
Not realizing at the time that one of them was hit he went back into the apartment. A couple hours later my son’s apartment was surrounded by state police and detectives. After receiving a phone call from the officers telling him what he had done he was left to surrender, but before he surrendered and afraid to go outside he dismembered the gun because he didn’t want the officers to think he was armed and dangerous. 
Four days later we hired criminal defense lawyer James Sullivan to defend my son. That same day James visited my son in the jail and began to investigate his case. My son’s bond was $100,000 and he was a first time offender with a good history and awesome background, however he had gotten into a situation and we needed the best lawyer with a lot of experience and knowledge regarding criminal matters. 
James Sullivan asked the prosecutor to hold the case from the grand jury so he could prepare a defense and also fought to get his bond lowered. After 3 court and bond hearings, James got the bond lowered from $100,000 all the way down to $15,000 and then we got him out. James then worked meticulously with my son, prepared and turned in a defense packet. A month later the grand jury dismissed my son’s aggravated assault, however the prosecutor pushed for and got an indictment for tampering with evidence. The next day James went to court and fought to get a low bond on the new case of only $1,500 so that my son would not go back to jail. 
We were thrilled to get the aggravated assault charge dismissed because it was the most serious but fully expected him to have to plead to the new charge. However at the next court hearing James Sullivan refused to settle and persuaded the prosecutor to do the right thing and dismiss the tampering charge as well. James knew that my son was not only a first time offender but also a hard working young man that was afraid for his life and simply defended himself and his property at nighttime. After an almost 6 month ordeal, my son got his life back. I have never personally met Mr. Sullivan. I live several states away, but he handled these cases as if I was a resident in Texas. I am so pleased with his good work that not only would I highly recommend him to others but I will definitely keep him around. Hopefully we will never need his services again but if we do James Sullivan is definitely the man that you can count on to help you and defend you properly.

–Avvo review posted by client’s mother on August 25, 2016

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From start to finish it was an amazing experience with Jim Sullivan. He took care of me and my family like we were his own. He was always prompt with any action needed in my case. I was wrongfully accused of aggravated assault of a family member and Jim worked hard to get my case dismissed.

My wife suffers from anxiety and the meds she took made her susceptible to negative influence. After hurricane Harvey we made the mistake of letting one of her sisters and her children stay with us. If I had known she was a homewrecker and had already destroyed several other marriages, I never would have allowed it. Like they say, no good deed goes unpunished.

I learned later that my wife and her siblings were all traumatized as children when their drunken father threatened to shoot them if they called the police after he had abused their mother. All of the kids grew up with nightmares of that event. It affected them differently and each one dealt with or didn’t deal with it differently. My wife had recently begun having recurring nightmares of it.

It wasn’t long after my wife’s sister moved in that she began to cause problems in my own marriage. I asked her to leave, but my wife wouldn’t allow it for the sake of her kids, so I briefly left the house. Before I got back, my wife texted me not to return, and so I stayed away. What I didn’t know was that soon after that my wife had shared the nightmare with her sister, and her sister took advantage of her weak state and convinced her that the nightmare was real and that it was I that I had threatened her with a gun, not her father. Her sister had the police called out and they told this false story.

I didn’t know this until I found out there was a warrant out for my arrest several days later. I also found out that my wife had taken over my cell phone account and had my phone shut off, and so I didn’t know that the police were trying to reach me to get my side of the story. I was forced to borrow money to hire a lawyer and then pay for a bond. Because of the false charges, my business almost went under and I was in dire straits for a long time.

Jim Sullivan spent many months fighting my case. He was always in court on time with all the documentation needed during the case. He became more like a friend then an attorney because he had my back. Early on, my wife’s ex-husband and her sister even lied to the DA to try to get my bond revoked, but because of Jim’s great relationship with the court he kept that from happening. The judges trust him. He’s a good man and a great attorney. I feel very blessed to of had him in my corner. If it wasn’t for him I don’t think this case would’ve been dismissed. I really appreciate everything he’s done for me and my family and he will be my attorney for as long as he is practicing law. Thank you for everything you’ve done for us Jim, I don’t know where I’d be without you brother.

–Google review posted by Jeremy Bryan in July 2018

James G. Sullivan and Associates | Harris County Aggravated Assault Attorney

James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America. 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 consultation at 281-546-6428 about your aggravated assault charges in Harris County, Montgomery County, and Fort Bend County, Texas.

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

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