Posts Tagged ‘Criminal Defense Attorney’


Kidnapping | Houston Criminal Lawyer James Sullivan Fights for his Clients

Tuesday, November 21st, 2017

Houston Kidnapping Defense

Kidnapping is a serious felony offense and occurs when a person intentionally or knowingly abducts another person—usually a child. Kidnapping of children most commonly occurs when a couple is separating or divorcing. The people involved are often parents, relatives, or guardians of the victim and the circumstances are both legally complicated and emotionally charged.

It is important to hire an experienced Houston criminal defense lawyer because criminal charges for kidnapping or a related offense do not have to result in a conviction and the resulting lifelong consequences. You may have been acting fully within your rights and could be eligible for a reduction or dismissal of your charges under the Texas Penal Code. 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 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.

Harris County Kidnapping Defense Attorney

If you have been charged with kidnapping in Harris County, Fort Bend County, Montgomery County, or any of the surrounding counties, contact James G. Sullivan and Associates for a free phone consultation at 281-546-6428. Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

Restrain vs. Abduct under Texas Law

In Texas criminal law, these two terms are very important. The difference in meaning between these terms as applied to the facts of your case could affect the seriousness of the charges against you, how your case is handled and whether or not your case has the potential to be dismissed by the grand jury or prosecutor.

According to section 20.01(1) of the Texas Penal Code, “Restrain” means to restrict a person’s movements without consent by moving the person from one place to another or by confining the person. Restraint is “without consent” if it is accomplished by:

  1. force, intimidation, or deception, or
  2. any means, including acquiescence of the victim, if:
    1. the victim is under 14 years of age and the parent or guardian have not acquiesced; or
    2. the victim is between 14 to 17 years of age and is taken outside of the state and outside of a 120-mile radius from the victim’s residence and the parent or guardian have not acquiesced in the movement.

According to section 20.01(2) of the Texas Penal Code, “Abduct” means to restrain a person without consent with intent to prevent his rescue by holding the individual in a place where he is not likely to be found or by threatening violence.

Kidnapping related charges

The purpose of defining restraint and abduction in the code is to provide guidance on how the three different kidnapping related offenses should be charged. These three related offenses are unlawful restraint, kidnapping and aggravated kidnapping.

Unlawful Restraint

According to section 20.04 of the Texas Penal Code, a person can be charged with unlawful restraint if he restrains another person. It is an affirmative defense to prosecution under this section that the person restrained was younger than 14 years of age; the actor was a relative of the child; and the actor’s sole intent was to assume lawful control of the child.

Unlawful Restraint is a Class A Misdemeanor, except the offense is a:

  1. State Jail Felony if the person restrained is under 17 years of age; or
  2. Third Degree Felony if the actor recklessly endangers the victim; or the actor restrains a public servant.

Kidnapping

According to section 20.03 of the Texas Penal Code, a person can be charged with kidnapping if he abducts another person. It is an affirmative defense to prosecution under this section that the abduction did not involve threats of violence; the actor was a relative of the person abducted; and the actor’s sole intent was to assume lawful control of the victim.

Kidnapping is a Third Degree Felony.

Aggravated Kidnapping

According to section 20.04 of the Texas Penal Code, a person can be charged with kidnapping if he abducts another person with the intent to:

  1. hold him for ransom;
  2. use him as a shield or hostage;
  3. facilitate the commission of a felony or the flight after the attempt or commission of a felony;
  4. inflict bodily injury on him or violate or abuse him sexually;
  5. terrorize him or a third person;
  6. interfere with the performance of any governmental or political function.

A person commits an offense if the person abducts another person and uses or exhibits a deadly weapon during the commission of the offense.

Kidnapping is a First Degree Felony, except a Second Degree Felony is possible if the defendant voluntarily releases the victim in a safe place.

The penalties for these offenses are severe and can significantly impact your future, such as by losing many educational, employment and housing opportunities. A conviction for kidnapping will also prevent you from ever owning or possessing a firearm. An experienced Harris County kidnapping defense lawyer will be able to review your case and fight to get your charges dismissed or reduced.

Punishment for Kidnapping related offenses in Texas

Chapter 12 of the Texas Penal Code lists the punishment for kidnapping related offenses in Texas.

A Class A Misdemeanor is punishable by up to a $4,000 fine; confinement in jail for up to 1 year; or both.

A State Jail Felony is punishable by between 180 days to 2 years in a state jail; and by up to a $10,000 fine.

A Third Degree Felony is punishable by between 2 to 10 years in prison; and up to a $10,000 fine.

A Second Degree Felony is punishable by between 2 to 20 years in prison; and up to a $10,000 fine.

A First Degree Felony is punishable by between 5 to 99 years or life in prison; and up to a $10,000 fine.

Depending on the facts of the case, there may be mitigating circumstances that reduce the severity of the charges. These circumstances include the age difference between the victim and the defendant, the relationship between the victim and the defendant, whether violence was used against the victim and other ulterior motives of the defendant. It is important to contact an experienced Houston kidnapping lawyer to learn if any of these mitigating circumstances might apply in order to get your case reduced or dismissed.

James G. Sullivan & Associates | Houston Kidnapping Defense Attorneys

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 southeast Texas.

Contact James Sullivan & Associates for a free phone consultation at 281-546-6428 about your kidnapping charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond) or Brazoria County (Angleton).

Arrested in Fort Bend County? Juliff Texas Criminal Defense Lawyer James Sullivan Can Defend You

Friday, February 24th, 2012

Fort Bend County Criminal Defense

IMG_2923bJULIFF, Texas Criminal Defense Attorneys Sullivan and Associates have handled over 5000 cases and have more than 40 collective years of experience defending adults and  juveniles in criminal, juvenile, and family courts  in Fort Bend County and throughout the State of Texas.

FORT BEND County Lawyer Jim Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization.  Juvenile Law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

FORT BEND County Criminal Lawyer Jim Sullivan cares about his clients and gets proven results.  He frequently counsels with clients at his office for hours at a time.  He listens to their concerns, answers all of their questions and discusses legal strategies.  He also explains how a criminal conviction could affect them, how to avoid having a conviction on their record, and how to get on the right path for a successful life.  Because Jim Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

FORT BEND County Criminal Defense Lawyers Jim Sullivan and Associates represent clients charged with  crimes in State courts in Houston, Galveston, Richmond,  Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead, and all counties in Texas.  The law firm of Jim Sullivan and Associates is located near FM 1960 in northwest Houston, Texas; however, Attorney Jim Sullivan appears in all criminal, juvenile, and family courts in Texas.

FORT BEND County Criminal Trial Lawyer Jim Sullivan seeks real solutions to his clients’ legal problems.  In every criminal case, in order to be found guilty, the State has the burden to prove guilt beyond a reasonable doubt.  Jim Sullivan fights for their clients with the primary goal to get the case dismissed or won at trial.  When that is not possible or probable, his secondary goal is to prevent his client from receiving a conviction or incarceration, such as with deferred adjudication, regular probation or pretrial diversion.

FORT BEND Criminal Attorneys Jim Sullivan and Associates treat every person they represent as if they were a friend and neighbor.   When you call, likely Jim Sullivan or an associate will answer your call themselves.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If we can be of any assistance, or you just want to talk about your situation, please call  Ft. Bend County Criminal Defense Attorneys Jim Sullivan and Associates at 281-546-6428.

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Court at Law 1
Mailing Address:
301 Jackson, Room 101
Richmond, TX. 77469
Street Address:
117 Legion Dr.
Richmond, TX. 77469
Phone: (281) 633-7415
Court at Law 1
Judge
Honorable David S. Hunter, Judge
117 Legion Dr.
Richmond, TX. 77469
County Court at Law No.1
301 Jackson, Room 101
Richmond, TX. 77469
(281) 633-7415
Staff
Terrance Shelton, Bailiff
Telephone: (281) 633-7411
Regina Green, Court Coordinator
Telephone: (281) 633-7415
Stephanie A. Webb, Court Reporter
Telephone: (281) 633-7416
Lynelle Eixmann, Probate Auditor
Telephone: (281) 633-7413
Court at Law 2
Judge
Honorable Walter S. McMeans,

William Travis Bldg.
309 South Fourth Street, 3rd Floor
Richmond, TX. 77469

Mailing Address
301 Jackson, Room 101
Richmond, TX. 77469
(281) 341-4446
Staff
Ed Thornton, Bailiff
Telephone: (281) 341-4448
Virginia Rosas, Court Coordinator
Telephone: 281-341-4446
Patricia Dillender, Court Reporter
Telephone: 281-341-4447
Court at Law 3
Judge
Honorable Susan G. Lowery,

William Travis Bldg.
309 South Fourth Street, 4th Floor
Richmond, TX. 77469

Mailing Address
County Court at Law No.3
301 Jackson, Room 101
Richmond, TX. 77469
(281) 341-4430
Staff
Roger Thomson, Bailiff
Telephone: 281-344-3924
Annie Rebecca Elliott, Court Coordinator
Telephone: (281) 341-4430
Yvonne Compean, Court Reporter
Telephone: (281) 344-3915
Sandy Hickman, Probate Auditor
Telephone: (281) 344-3912
Court at Law 4
Judge
Honorable R.H. “Sandy” Bielstein,
County Court at Law No.4
301 Jackson, Room 101
Richmond, TX 77469
(281) 341-4501
Staff
Dale Kelley, Bailiff
Telephone: (281) 238-3278
Esther Ramirez, Court Coordinator
Telephone: (281) 341-4501
Roger Adair, Court Reporter
Telephone: (281) 238-3298
Claude “Buck” Berry, Probate Auditor
Telephone: 281-238-3297
240th Judicial District Court
Judge Thomas R. Culver, III
301 Jackson Richmond, TX 77469
Telephone: 281-341-8600
Office: 401 Jackson, Room 204
Courtroom: 401 Jackson, Room
268th Judicial District Court
Judge Brady G. Elliott
301 Jackson
Richmond, TX 77469
Telephone: 281-341-8610
Office: 309 S 4th St., Suite 430
Courtroom: 309 S 4th St., Suite 408
328th Judicial District Court
Judge Ronald R. Pope
301 Jackson
Richmond, TX 77469
Telephone: 281-341-4406
Office: 401 Jackson, Room 307
Courtroom: 401 Jackson, Room 306
387th Judicial District Court
Judge Robert J. Kern
301 Jackson
Richmond, TX 77469
Telephone: 281-238-3290
Office: 401 Jackson, Room 211
Courtroom: 401 Jackson, Room 210
400th Judicial District Court
Judge Clifford J. Vacek
301 Jackson
Richmond, TX 77469
Telephone: 281-341-4422
Office: 309 S 4th Street, Suite 600
Courtroom: 309 S 4th Street, Suite 605
328th Judicial District Court
Associate Judge James H. Shoemake
301 Jackson
Richmond, TX 77469
Telephone: 281-341-4409
Office: 401 Jackson, Room 307
Courtroom: 401 Jackson, Room 301
387th Judicial District Courts
Associate Judge Brenda G. Mullinix
301 Jackson
Richmond, TX 77469
Telephone: 281-238-3290
Office: 401 Jackson, Room 101-B
Courtroom: 401 Jackson, Room 103
District Attorney
John F. Healey, Jr., District Attorney
301 Jackson Street – Richmond, TX 77469
281-342-3411
Sheriff’s Office
Address: 1410 Ransom Road
Richmond, TX 77469
Office: 281-341-4700
Fax: 281-341-4701

Houston Criminal Lawyer James Sullivan Frequently Finds the Accuser is the Guilty One

Saturday, September 3rd, 2011
On a Pale Horse

Image via Wikipedia

Harris County County Defense Against False Accusers

Houston criminal attorney James Sullivan has over 20 years of criminal defense law experience.  Sullivan has successfully represented over 3,000 clients.  Sullivan represents many people who are falsely accused and the police conducted a minimal investigation, if any investigation at all.

It ought to be common sense that the person launching the accusation may in fact be the guilty party, but many times the police take the path of least resistance and just believe the person making the accusation without conducting any investigation such as searching for and talking to witnesses or questioning the motives of the accuser, etc.  Attorney James Sullivan will thoroughly investigate the case and, if the circumstances support it, will take a case to trial where the theory is that the accused is the guilty one.

 When one person makes an accusation, check to be sure he himself is not the guilty one. Sometimes it is those whose case is weak who make the most clamour. ~Piers Anthony, novelist, 20th century

NTLAIf you or a loved one need a Houston criminal lawyer, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan attended Gerry Spence’s Trial Lawyers College and was invited to join The National Trial Lawyers association.

Serving Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Bellville, Clear Lake, Conroe, Pasadena, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, El Paso, El Campo, Austin County, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Austin County, Brazoria County, Chambers County, Colorado County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, Waller County, Walker County and Wharton County.

Criminal Mischief

Sunday, July 3rd, 2011

Houston Criminal Mischief Lawyer

Defense Attorney representation in Harris County, Texas for over 20 years

If you are charged with any type of criminal mischief, you need to know and understand the potential crimes you are facing.

In Houston, criminal mischief offenses are generally defined as intentionally damaging another person’s property. Types of damage are commonly referred to as destruction, alteration and defacement. Minor actions associated with criminal mischief often include vandalism or graffiti, and more serious actions include the destruction of the property.

Criminal Mischief Houston

According to Tex. Penal Code § 28.03, the following conduct can result in being charged with criminal mischief in Harris County:

  • Intentionally or knowingly damaging or destroying another person’s tangible property;
  • Intentionally or knowingly tampering with the tangible property of another person and causing financial loss or substantial inconvenience to him or a third person;
  • Intentionally or knowingly making markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of another person.

Penalties for Criminal Mischief

Depending on the value of the destruction or property damage, you could face misdemeanor or felony offense punishment. Section 12 of the Texas Penal Code defines the applicable penalties you may face with a criminal mischief offense:

  • Class C Misdemeanor – A fine of up to $500 can be charged to you if the financial loss amounts to less than $100, or causes substantial inconvenience to another being.
  • Class B Misdemeanor – A fine of up to $2,000 and/or a jail sentence of up to 180 days can be charged to you if the financial loss amounts to less than $750 but at least $100 or more.
  • Class A Misdemeanor – A fine of up to $4,000 and/or a jail sentence of up to one year can be charged to you if the financial loss amounts to less than $2,500 but at least $750, or your criminal mischief offense causes impairment or disruption of any public water supply.
  • State Jail Felony – A fine of up to $10,000 and/or a jail sentence ranging from 180 days to two years can be charged to you if the financial loss amounts to less than $30,000 but at least $2,500 or more; less than $2,500 if a home was damaged through the use of an explosion weapon or firearm; less than $2,500 if a fence used to hold livestock, game animals, or poultry was destroyed or damaged; or less than $30,000 if your criminal mischief offense caused the impairment or disruption of public communications, gas power supply, transportation or any other public service.
  • Third Degree Felony – A fine of up to $10,000 and/or a jail sentence from two to ten years can be charged to you if the financial loss amounts to less than $150,000 but at least $30,000.
  • Second Degree Felony – A fine of up to $10,000 and/or a jail sentence from two to twenty years can be charged to you if the financial loss amounts to less than $300,000 but at least $150,000 or more.
  • First Degree Felony – A fine of up to $10,000 and/or a jail sentence from five to 99 years or life imprisonment can be charged to you if the financial loss amounts to $300,000 or more.

Criminal Mischief Defense and Representation

Criminal mischief might not seem like a major crime, but the fact that the damages could put peoples’ lives in jeopardy and disrupt public and private property this makes criminal mischief a much more serious offense, especially as the value of damage increases.

Therefore criminal mischief charges should not be taken lightly and it is important to have an experienced and aggressive Houston criminal attorney working with you to build the best possible defense for your case.

Contact Attorney James Sullivan

If you or a loved one is facing a criminal mischief offense, contact Attorney James (Jim) Sullivan today at 281-546-6428 for a free phone consultation.

James Sullivan is an experienced Houston Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

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