Posts Tagged ‘Child abuse’


Arrested for Spanking Your Child? Houston Criminal Lawyer James Sullivan Can Defend You

Friday, December 23rd, 2016

Spanking Your Children is Legal in Texas

Spanking as a form of corporal punishment to discipline children has been used since ancient times and continues to be used as an effective method by parents to raise children into healthy, productive adults.

Texas is among the Bible Belt states of the American South, so it is no wonder then that most people continue to live by the well-known saying “spare the rod or spoil the child” based on Proverbs 13:24 – Whoever spares the rod hates his son, but he who loves him is diligent to discipline him.

Corporal punishment is also still legal in Texas schools. In fact, parents must sign forms at the beginning of each school year if they don’t want their kids to be paddled. According to the most recent records available, in 2011-2012, more than 4 out of 10 Texas school districts struck unruly students, often with a wooden paddle.

Texas law even gives the parent the duty of reasonable discipline of their child.  The spanking of children as a form of reasonable discipline is legal, but there are limits.

Punishment for Child Abuse

When corporal punishment crosses the line, CPS considers it to be child abuse. If the child is under the age of 15, the alleged abuser can be charged with Injury to a Child, a Third Degree Felony, which carries a range of punishment from 2 to 10 years in prison and a $10,000 fine.  If the child is 16 or 17, the alleged abuser can be charged with Assault on a Family Member, a Class A Misdemeanor, which carries a range of punishment of up to one year in jail and a $4,000 fine.

When does corporal punishment cross the line? The brief answer is when it causes a physical injury that results in substantial harm but before we address this issue of substantial harm let’s first review the relevant law.

Texas Law on Reasonable Discipline of the Child

The Texas Family Code (TFC) in Section 151 states that a parent has the duty of reasonable discipline of the child.

Furthermore, TFC Section 151.003 states that “a state agency [such as CPS] may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent’s child.”

So, does spanking a child fall under a parent’s duty of “reasonable discipline”? Of course, it does. The law explicitly allows for corporal punishment (such as spanking) and only limits the people who can administer it.

TFC Section 151.001(e) states that corporal punishment for the reasonable discipline of a child may be used but only by a parent or grandparent of the child; a stepparent of the child who has the duty of control and reasonable discipline of the child; and an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

TFC Section 261.001 defines abuse of a child, in part, as physical injury that results in substantial harm to the child, excluding reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm.

The Texas Penal Code may also provide a legal defense if you are charged with Injury to a Child or Assault on a Family Member. Specifically, Section 9.61 states that the use of force, but not deadly force, against a child younger than 18 is justified:

  • if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
  • when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
  • For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

These two codes both address reasonable discipline but in different ways.  The Family Code allows corporal punishment (such as spanking) that does not cause substantial harm.  The Penal Code allows force, but not deadly force.  The meaning of deadly force is obvious, the meaning of force that is not deadly is vague, so what about substantial harm?

According to Texas Administrative Code (TAC) Rule Section 700.455, substantial harm, in part, means real and significant physical injury or damage to a child that includes but is not limited to any of the following:

  • substantial or frequent skin bruising;
  • substantial cuts, welts, lacerations, or pinch marks;
  • skull or other bone fractures;
  • damage to cartilage;
  • brain damage;
  • subdural hematoma;
  • soft tissue swelling;
  • impairment of or injury to any bodily organ or function;
  • any other internal injury otherwise not specified;
  • permanent or temporary disfigurement;
  • burns;
  • scalds;
  • wounds, including puncture wounds;
  • bite marks;
  • poisoning;
  • concussions;
  • dislocations;
  • sprains;
  • or any other cruel act that causes pain or suffering to the child.

The same TAC section defines “reasonable discipline” as:

discipline that is reasonable in manner and moderate in degree; does not constitute cruelty, reckless behavior, or grossly negligent behavior; and is administered for purposes of restraining or correcting the child. It shall not include an act that is likely to cause or causes injury more serious than transient pain or minor temporary marks. The age, size, and condition of the child; the location of the injury; and the frequency or recurrence of injuries shall be considered when determining whether the discipline is reasonable and moderate.

This issue of spanking children, using corporal punishment and the exercising of a parent’s duty of reasonable discipline of the child is controversial among many far left liberals, but is considered part of the cultural norm in Texas.  Unfortunately, CPS is known to make referrals to law enforcement for a minimal injury (such as a slight bruise) that a child may sustain when he or she is spanked or paddled by a loving parent who cares about their character development and future. And, worse, many CPS agents and judges share the opinion that a single bruise anywhere on the child’s body constitutes child abuse. And, because this is an opinion crime in which reasonable minds may disagree, it is important to find an experienced and skilled criminal defense attorney.

James G. Sullivan and Associates | Houston Injury to a Child Defense

James Sullivan graduated from 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 parents accused of Injury to a Child or Assault of a Family Member because they used corporal punishment as a means of reasonable discipline of their children.  Sullivan has worked to get four such cases dismissed by the grand jury.

Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your allegations of child abuse in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), and Chambers County (Anahuac).

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

CRIMINAL OFFENSERESULTCASE #
ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against her 9 year old daughter and was accused of abusing her)1522880
ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)1459744
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)CASE NOT YET FILED
INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTYNO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him. She accidentally slapped him on his side when he was resisting the hand spanking)CASE NOT YET FILED

This is one of Sullivan’s many reviews on AVVO:

Excellent Attorney with proven results

Being arrested for the first time, I wasn’t sure who to turn to for help. Long story short, I did something that I shouldn’t have, spanked me daughter with an umbrella. I was under a lot of stress and it didn’t help that her behavior was drastically changing for the worst. The next day I was questioned by the police. I waived my rights and told the police of the incident. Consequently, I was charged with a felony, Injury to a child.

I was new to Houston and I had no family or close friends. Not knowing any better I first hired the worst attorney in Houston. It was the worst experience EVER. The first meeting went well. He said that he had worked with the prosecutor, he knew the judge personally and that he has dealt with similar cases recently. I paid him the full retainer fee. I felt that I was in good hands until we spoke the next day. His tone, demeanor and attitude had changed. I believe his intentions were to have me indicted then charge me thousands of dollars to attempt to get me probation. He didn’t even consider presenting the case to the Grand Jury. I felt frustrated, hopeless and stuck.

After speaking to my husband we decided to hire another lawyer. After doing hours of research we agreed to speak to attorney Jim Sullivan, and boy we are glad we did! He was very knowledgeable, straightforward and caring. He offers free consultations and his charges are reasonable. Our first 2 conversations lasted about 30-45 mins. I explained everything that happened in detail, he helped me understand the law and spoke about his previous cases. I felt a sense of relief when we ended our conversations. Unlike the previous attorney we had hired, Mr. Sullivan knew what he was doing. Mr. Sullivan told us that we would need to prepare a Grand Jury packet, he explained the process and told me exactly what he needed. Two weeks after submitting the packet to the Grand Jury, my case was dismissed!!!!!!!

There are MANY things that I liked about Mr. Sullivan; he’s the person who picks up when you call (not a receptionist), he is flexible, he accepts payments plans, he is honest, he responds to calls/text within hours, he listens without interrupting, he works outside regular business hours (weekends, after 6p), he treats you like you are his priority and he is very caring. The only thing that I didn’t like about this experience was the fact that I didn’t find him sooner. I would definitely recommend Mr. Sullivan to family and friends.

–Posted by Abbie on December 19, 2016

Injury to a Child | Waller County Child Abuse Defense Lawyers

Sunday, April 10th, 2016

Waller County Child Abuse Defense Law

Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect in the Greater Houston area. Because of reporting requirements in Texas, law enforcement officers usually will investigate almost all reports of discipline or physical abuse, including slapping, hitting, spanking, kicking, beating, broken bones or any welts, bruises or marks on the child.

Although bruises and marks alone are insufficient evidence for a child abuse conviction, allegations of child neglect or abuse can result in serious consequences if the alleged abuser is convicted or placed on probation, including jail time, fines, irreparable harm to reputation, humiliation, loss of parental rights and/or a permanent criminal record.

Contact James Sullivan & Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect.

Charges or accusations of child neglect or abuse do not have to result in a criminal conviction. To do so, each and every element of the offense has to be proved beyond a reasonable doubt by the state prosecutor.   This burden of proof is very high and the State often has difficult in meeting it. If the jury has a reasonable doubt you committed every element of the offense, you will be found not guilty. If the State does not believe they can prove their case at trial, the State may offer to reduce the charges to a misdemeanor or even dismiss the charges outright. Therefore, it is extremely important that you contact an experienced criminal trial lawyer in the Greater Houston area who will investigate your case and suggest the best legal strategy to defend you.

Hempstead, Texas Child Abuse Lawyer

Contact James Sullivan & Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect.

What is Child Abuse in Waller County?

Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:

Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

Allowing a child to be in a situation where the child receives mental or emotional injury;

Physical injury or threat of substantial harm to the child;

Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;

Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);

Failure to make a reasonable effort to prevent sexual conduct harmful to a child;

Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;

Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;

Causing, allowing or encouraging a child to use a controlled substance; and/or

Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).

What is Child Neglect in Waller County?

Neglect is defined by TFC §261.001(4) as:

Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;

Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;

The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or

The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.

Hempstead Child Abuse Crimes

According to TPC § 22.04, an individual can be charged with child abuse, injury to a child or child neglect if they intentionally, knowingly, recklessly or with criminal negligence cause a child:

Serious bodily injury,

Serious mental deficiency, impairment or injury, or

Bodily injury.

An individual can also be charged with child abuse if they fail to act on behalf of or care for a child the alleged offender had a legal or statutory duty to act on behalf of or if they have assumed care for the child, such as parent or an owner of or an employee of a child day care.

Texas law defines as a child as anyone 14 years of age or younger, according to TPC § 22.04(c)(1).

Bodily injury is defined as any physical pain, illness or impairment of any physical condition, according to TPC § 1.07(a)(8) . Serious bodily injury is defined as any bodily injury that causes permanent impairment or loss of any body part or organ, substantial risk of death, or serious permanent disfigurement, according to TPC § 1.07(a)(46).

Hempstead Child Abuse Punishment

The possible punishments and penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal Code. The degree of conviction and punishment varies depending on the alleged offender’s mental state and the degree of injury caused to the child as a result of the abuse or neglect.

An individual charged with a child abuse offense involving criminal negligence by the alleged offender can be convicted of a state jail felony. A state jail felony is punishable by 180 days to two years in jail and/or a fine up to $10,000.

An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in bodily injury can be convicted of state jail felony. A state jail felony is punishable by a fine up to $10,000 and/or a jail sentence ranging from 180 days to two years.

An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in bodily injury can be convicted of a felony of the third degree.  A felony of the third degree is punishable by two to ten years in prison and/or a fine up to $10,000.

An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in serious bodily injury or serious mental injury can be convicted of a felony of the second degree. A felony of the second degree is punishable by two to 20 years in prison and/or a fine up to $10,000.

An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in serious mental injury or serious bodily injury can be convicted of a felony of the first degree. A felony of the first degree is punishable by a prison sentence ranging from five to 99 years and/or a fine not more than $10,000.

What are the Duty to Report Child Abuse Laws in Texas?

According to TFC §261.101, anyone who has reason to believe a child’s mental or physical health or welfare has been adversely affected by abuse or neglect is required to make a report with the Texas Department of Family and Protective Services.

Additionally, anyone who is considered a child care professional is required to make the report within 48 hours. A professional in Texas is anyone who is licensed or certified by the state or is an employee of a facility licensed or certified by the state and has direct contact with children in the normal course of their job. Child care professionals can include nurses, doctors, mental health practitioners, attorneys, members of the clergy, teachers, reproductive service clinic or facility employees, juvenile probation officers, juvenile detention or correctional officers, and/or day-care employees.

Failure to make a report of child abuse or neglect as provided by Texas law can result in being charged with a misdemeanor or state jail felony offense.

James Sullivan & Associates | Hempstead Child Neglect Attorney

James Sullivan graduated from 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 consultation at (281) 546-6428 about your allegations of child abuse or child neglect in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac) and Jefferson County (Beaumont). James Sullivan is an experienced Houston family crimes lawyer who will work hard to get you the best result for your particular situation.

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

CRIMINAL OFFENSERESULTCASE #
ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against her 9 year old daughter and was accused of abusing her)1522880
ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)1459744
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew)1446872
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)CASE NOT YET FILED
INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTYNO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him. She accidentally slapped him on his side when he was resisting the hand spanking)CASE NOT YET FILED
INJURY TO A CHILD (1° Felony)NO BILLED BY GRAND JURY (Client accused of breaking his infant son’s leg and 3 ribs. The hospital ER physician did not consider other medical disorders as a cause)1340646

Child Abuse Defense in Montgomery County Texas

Monday, September 23rd, 2013

 

Montgomery County Texas Texas Injury to a Child Defense

Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect.  Because of reporting requirements in Texas, law enforcement officers usually will investigate almost all reports of discipline or physical abuse, including slapping, hitting, spanking, kicking, beating, broken bones or any welts, bruises or marks on the child.

Although bruises and marks alone are insufficient evidence for a child abuse conviction, allegations of child neglect or abuse can result in serious consequences if the alleged abuser is convicted or placed on probation, including jail time, fines, irreparable harm to reputation, humiliation, loss of parental rights and/or  a permanent criminal record.

Under Investigation? Call Montgomery County Criminal Lawyer James Sullivan at (281) 546-6428 to discuss your case.

Charges or accusations of child neglect or abuse do not have to result in a criminal conviction.  It may be possible for your defense attorney to investigate and present a winning defense at the grand jury level.  If successful, this is usually the best way to win a felony case because if the grand jury votes to no bill the case, then the accused has the immediate right to seek an expunction of the charge from his record.  Time is of the essence to take this approach because prosecutors either seek an indictment from the grand jury before an arrest warrant is issued or between the first and second court settings.  If an experienced defense attorney is not retained early on, then the accused may not have an opportunity to do this.  Montgomery County Criminal Attorney James Sullivan has a very successful record at winning felony cases at the grand jury level.

Even if you are indicted by the grand jury, to become convicted, the state prosecutor has to prove each and every element of the offense beyond a reasonable doubt.   This burden of proof is very high and the State often has difficulty in meeting it.  If the jury has a reasonable doubt you committed every element of the offense, you will be found not guilty.  If the State does not believe they can prove their case at trial, the State may offer to reduce the charges to a misdemeanor or even dismiss the charges outright.  Therefore, it is extremely important that you contact an experienced criminal trial lawyer in the Greater Houston area who will investigate your case and suggest the best legal strategy to defend you. 

Conroe Texas Child Abuse Lawyer

Contact James Sullivan and Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect.

What is Child Abuse in Montgomery County?

Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:

  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;
  • Allowing a child to be in a situation where the child receives mental or emotional injury;
  • Physical injury or threat of substantial harm to the child;
  • Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;
  • Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
  • Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;
  • Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;
  • Causing, allowing or encouraging a child to use a controlled substance; and/or
  • Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).

What is Child Neglect in Montgomery County?

Neglect is defined by TFC §261.001(4) as:

  • Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
  • Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;
  • The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or
  • The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.

Conroe Texas Child Abuse Crimes

According to TPC § 22.04, an individual can be charged with child abuse, injury to a child or child neglect if they intentionally, knowingly, recklessly or with criminal negligence cause a child:

  • Serious bodily injury,
  • Serious mental deficiency, impairment or injury, or
  • Bodily injury.

An individual can also be charged with child abuse if they fail to act on behalf of or care for a child the alleged offender had a legal or statutory duty to act on behalf of or if they have assumed care for the child, such as parent or an owner of or an employee of a child day care.

Texas law defines as a child as anyone 14 years of age or younger, according to TPC § 22.04(c)(1).  Bodily injury is defined as any physical pain, illness or impairment of any physical condition, according to TPC § 1.07(a)(8) .  Serious bodily injury is defined as any bodily injury that causes permanent impairment or loss of any body part or organ, substantial risk of death, or serious permanent disfigurement, according to TPC § 1.07(a)(46).

Conroe Texas Child Abuse Punishment

The possible punishments and penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal Code.  The degree of conviction and punishment varies depending on the alleged offender’s mental state and the degree of injury caused to the child as a result of the abuse or neglect.

An individual charged with a child abuse offense involving criminal negligence by the alleged offender can be convicted of a state jail felony.  A state jail felony is punishable by 180 days to two years in jail and/or a fine up to $10,000.

An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in bodily injury can be convicted of state jail felony.  A state jail felony is punishable by a fine up to $10,000 and/or a jail sentence ranging from 180 days to two years.

An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in bodily injury can be convicted of a felony of the third degree. A felony of the third degree is punishable by two to ten years in prison and/or a fine up to $10,000.

An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in serious bodily injury or serious mental injury can be convicted of a felony of the second degree. A felony of the second degree is punishable by two to 20 years in prison and/or a fine up to $10,000.

An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in serious mental injury or serious bodily injury can be convicted of a felony of the first degree. A felony of the first degree is punishable by a prison sentence ranging from five to 99 years and/or a fine not more than $10,000.

What are the Duty to Report Child Abuse Laws in Texas?

According to TFC §261.101, anyone who has reason to believe a child’s mental or physical health or welfare has been adversely affected by abuse or neglect is required to make a report with the Texas Department of Family and Protective Services.

Additionally, anyone who is considered a child care professional is required to make the report within 48 hours.  A professional in Texas is anyone who is licensed or certified by the state or is an employee of a facility licensed or certified by the state and has direct contact with children in the normal course of their job.

Child care professionals can include:

  • nurses,
  • doctors,
  • mental health practitioners,
  • attorneys,
  • members of the clergy,
  • teachers,
  • reproductive service clinic or facility employees,
  • juvenile probation officers,
  • juvenile detention or correctional officers, and/or
  • day-care employees.

Failure to make a report of child abuse or neglect as provided by Texas law can result in being charged with a misdemeanor or state jail felony offense.

Contact a Conroe Texas Child Abuse Lawyer

James Sullivan & Associates | Conroe Texas Child Neglect 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 child abuse 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.

 

Harris County Child Abuse Lawyer | Houston Injury to a Child Defense Attorney James Sullivan Fights for his Clients

Monday, August 26th, 2013

Houston Child Abuse Defense Law

Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect in the Greater Houston area.  Because of reporting requirements in Texas, law enforcement officers usually will investigate almost all reports of discipline or physical abuse, including slapping, hitting, spanking, kicking, beating, broken bones or any welts, bruises or marks on the child.

Although bruises and marks alone are insufficient evidence for a child abuse conviction, allegations of child neglect or abuse can result in serious consequences if the alleged abuser is convicted or placed on probation, including jail time, fines, irreparable harm to reputation, humiliation, loss of parental rights and/or  a permanent criminal record.

Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your allegations of child abuse or child neglect.

Charges or accusations of child neglect or abuse do not have to result in a criminal conviction.  To do so, each and every element of the offense has to be proved beyond a reasonable doubt by the state prosecutor.   This burden of proof is very high and the State often has difficult in meeting it.  If the jury has a reasonable doubt you committed every element of the offense, you will be found not guilty.  If the State does not believe they can prove their case at trial, the State may offer to reduce the charges to a misdemeanor or even dismiss the charges outright.  Therefore, it is extremely important that you contact an experienced criminal trial lawyer in the Greater Houston area who will investigate your case and suggest the best legal strategy to defend you.

Harris County Child Abuse Lawyer

Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your allegations of child abuse or child neglect. These are two of his many reviews on AVVO:

Mr. Sullivan got my Injury to a Child charged dismissed and saved my career

Being falsely accused of a crime is a very dramatic experience. In my case, a family member accused me of assaulting a minor and they pushed very hard to get me charged. When they finally got a DA to take felony charges 10 months after the alleged crime, I did some research and hired James Sullivan. He met with me a day after calling him and began to meticulously outline my defense. He interviewed the witnesses, then put together a very strong defense packet for the Grand Jury which included detailed statements from witnesses that stated there was no contact with the minor and witnesses that heard my family member coaching the child on how to lie to the police and DA. The Grand Jury no-billed my case and the case was removed from my record. Going through a criminal case is a very scary and stressful experience. I can say that any fears or questions I had were just a phone call or an email away from being answered by Mr. Sullivan. He was always available to discuss my case and explain the criminal process, and let me know step by step how we were going to win my case. I would highly recommend James Sullivan with any of your criminal defense needs.

–Posted by a client on April 9, 2015

Excellent attorney with proven results

Being arrested for the first time, I wasn’t sure who to turn to for help. Long story short, I did something that I shouldn’t have, spanked me daughter with an umbrella. I was under a lot of stress and it didn’t help that her behavior was drastically changing for the worst. The next day I was questioned by the police. I waived my rights and told the police of the incident. Consequently, I was charged with a felony, Injury to a child.

I was new to Houston and I had no family or close friends. Not knowing any better I first hired the worst attorney in Houston. It was the worst experience EVER. The first meeting went well. He said that he had worked with the prosecutor, he knew the judge personally and that he has dealt with similar cases recently. I paid him the full retainer fee. I felt that I was in good hands until we spoke the next day. His tone, demeanor and attitude had changed. I believe his intentions were to have me indicted then charge me thousands of dollars to attempt to get me probation. He didn’t even consider presenting the case to the Grand Jury. I felt frustrated, hopeless and stuck.

After speaking to my husband we decided to hire another lawyer. After doing hours of research we agreed to speak to attorney Jim Sullivan, and boy we are glad we did! He was very knowledgeable, straightforward and caring. He offers free consultations and his charges are reasonable. Our first 2 conversations lasted about 30-45 mins. I explained everything that happened in detail, he helped me understand the law and spoke about his previous cases. I felt a sense of relief when we ended our conversations. Unlike the previous attorney we had hired, Mr. Sullivan knew what he was doing. Mr. Sullivan told us that we would need to prepare a Grand Jury packet, he explained the process and told me exactly what he needed. Two weeks after submitting the packet to the Grand Jury, my case was dismissed!!!!!!!

There are MANY things that I liked about Mr. Sullivan; he’s the person who picks up when you call (not a receptionist), he is flexible, he accepts payments plans, he is honest, he responds to calls/text within hours, he listens without interrupting, he works outside regular business hours (weekends, after 6p), he treats you like you are his priority and he is very caring. The only thing that I didn’t like about this experience was the fact that I didn’t find him sooner. I would definitely recommend Mr. Sullivan to family and friends.

–Posted by a client on December 19, 2016

What is Child Abuse in Houston?

Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:

    Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

    Allowing a child to be in a situation where the child receives mental or emotional injury;

    Physical injury or threat of substantial harm to the child;

    Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;

    Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);

    Failure to make a reasonable effort to prevent sexual conduct harmful to a child;

    Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;

    Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;

    Causing, allowing or encouraging a child to use a controlled substance; and/or

    Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).

What is Child Neglect in Houston?

Neglect is defined by TFC §261.001(4) as:

    Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;

    Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;

    The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or

    The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.

Houston Child Abuse Crimes

According to TPC § 22.04, an individual can be charged with child abuse, injury to a child or child neglect if they intentionally, knowingly, recklessly or with criminal negligence cause a child:

    Serious bodily injury,

    Serious mental deficiency, impairment or injury, or

    Bodily injury.

An individual can also be charged with child abuse if they fail to act on behalf of or care for a child the alleged offender had a legal or statutory duty to act on behalf of or if they have assumed care for the child, such as parent or an owner of or an employee of a child day care.

Texas law defines as a child as anyone 14 years of age or younger, according to TPC § 22.04(c)(1).

Bodily injury is defined as any physical pain, illness or impairment of any physical condition, according to TPC § 1.07(a)(8) .  Serious bodily injury is defined as any bodily injury that causes permanent impairment or loss of any body part or organ, substantial risk of death, or serious permanent disfigurement, according to TPC § 1.07(a)(46).

Houston Child Abuse Punishment

The possible punishments and penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal Code.  The degree of conviction and punishment varies depending on the alleged offender’s mental state and the degree of injury caused to the child as a result of the abuse or neglect.

    An individual charged with a child abuse offense involving criminal negligence by the alleged offender can be convicted of a state jail felony.  A state jail felony is punishable by 180 days to two years in jail and/or a fine up to $10,000.

    An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in bodily injury can be convicted of state jail felony.  A state jail felony is punishable by a fine up to $10,000 and/or a jail sentence ranging from 180 days to two years.

    An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in bodily injury can be convicted of a felony of the third degree.  A felony of the third degree is punishable by two to ten years in prison and/or a fine up to $10,000.

    An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in serious bodily injury or serious mental injury can be convicted of a felony of the second degree. A felony of the second degree is punishable by two to 20 years in prison and/or a fine up to $10,000.

    An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in serious mental injury or serious bodily injury can be convicted of a felony of the first degree. A felony of the first degree is punishable by a prison sentence ranging from five to 99 years and/or a fine not more than $10,000.

What are the Duty to Report Child Abuse Laws in Texas?

According to TFC §261.101, anyone who has reason to believe a child’s mental or physical health or welfare has been adversely affected by abuse or neglect is required to make a report with the Texas Department of Family and Protective Services.

Additionally, anyone who is considered a child care professional is required to make the report within 48 hours.  A professional in Texas is anyone who is licensed or certified by the state or is an employee of a facility licensed or certified by the state and has direct contact with children in the normal course of their job.  Child care professionals can include nurses, doctors, mental health practitioners, attorneys, members of the clergy, teachers, reproductive service clinic or facility employees, juvenile probation officers, juvenile detention or correctional officers, and/or day-care employees.

Failure to make a report of child abuse or neglect as provided by Texas law can result in being charged with a misdemeanor or state jail felony offense.

James Sullivan & Associates | Houston Child Neglect Attorney

James Sullivan graduated from 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 allegations of child abuse or child neglect in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).  James Sullivan is an experienced Houston family crimes lawyer who will work hard to get you the best result for your particular situation.

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

CRIMINAL OFFENSERESULTCASE #
ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against her 9 year old daughter and was accused of abusing her)1522880
ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)1459744
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew)1446872
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)CASE NOT YET FILED
INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTYNO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him. She accidentally slapped him on his side when he was resisting the hand spanking)CASE NOT YET FILED
INJURY TO A CHILD (1° Felony)NO BILLED BY GRAND JURY (Client accused of breaking his infant son’s leg and 3 ribs. The hospital ER physician did not consider other medical disorders as a cause)1340646

 

Aggravated Sexual Assault of a Child – Houston Criminal Lawyers get serious felony case in Montgomery County dismissed on Jury Trial setting

Saturday, July 2nd, 2011

NTL-top-100-member3Sexual Assault of a Child in Conroe

Houston Criminal Defense Lawyers James Sullivan and Nancy Botts persuaded the Montgomery County Texas District Attorney’s office to dismiss their client’s two Aggravated Sexual Assault of a Child cases on the Jury Trial setting.  It took two full years to get his cases from initial setting to the second jury trial setting, but their client was extremely grateful for all of the hard work.  He had been accused of molesting one of his young adopted children.  The false charges were filed during divorce proceedings.  The client had already been living with another woman when his soon to be ex-wife filed the false charges.  Unfortunately, in all cases of false charges like this one, the children always suffer.

If you need a Houston criminal trial lawyer, contact James Sullivan (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile sex crime cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association.