Posts Tagged ‘Fort Bend County Texas’


Fort Bend County Felony Defense Lawyer | Richmond Texas Criminal Attorney James Sullivan

Sunday, June 8th, 2014

Fort Bend County Felony Lawyers

If you have been charged with a felony, such as possession of a controlled substance, aggravated assault, murder, sexual assault, aggravated robbery or assault by impeding breathing, it is important that you have an experienced Fort Bend County criminal lawyer to represent you. James G. Sullivan and Associates have significant jury trial experience as felony defense attorneys.

James G. Sullivan and Associates are experienced defense attorneys and can effectively represent you at all pre-trial hearings, jury trials and (if necessary) sentencing hearings. The attorneys have successfully represented clients charged with felony offenses throughout Texas. If you are facing an aggravated assault or other felony offense, then you need an experienced Richmond, Texas criminal trial lawyer to defend you.

Fort Bend County Criminal Lawyers Fighting for Your Rights, Freedom and Future

Choosing a criminal defense lawyer to defend you may be the most important decision you will make in your case. Whether you have been charged with a crime or are under investigation by law enforcement, your rights, your freedom and your future are at risk. It is critical to have the counsel of an experienced criminal attorney as early as possible.

Because a conviction results in a criminal record and could also result in incarceration in prison, a felony charge must be taken seriously. Unless the charge is expunged or non-disclosed (sealed), a felony will show up on a background check. Once you are convicted, it will stay on your record forever.

Being convicted or accused of a felony can have devastating consequences. Hiring an experienced criminal attorney can make the difference between being found guilty or not guilty.

To discuss your felony case involving aggravated assault, burglary of a habitation, child abuse, drug possession, drug delivery, aggravated robbery or any other felony defense matter with an experienced criminal attorney, call James G. Sullivan and Associates for a free confidential consultation at (281) 546-6428.

Richmond, Texas Felony Charge Defense Attorneys

Levels of Felony Offenses in Texas

In Texas, there are five levels of felonies: Capital, First Degree, Second Degree, Third Degree and State Jail.

  • Capital felonies are punishable by life imprisonment without parole or by death in capital cases in which the State seeks the death penalty.
  • First Degree felonies are punishable by 5 to 99 years or Life in prison and up to a $10,000 fine.
  • Second Degree felonies are punishable by 2 to 20 years in prison and up to a $10,000 fine.
  • Third Degree felonies are punishable by 2 to 10 years in prison and up to a $10,000 fine.
  • State Jail felonies are punishable by 180 days to 2 years in a state jail and up to a $10,000 fine.

James G. Sullivan and Associates have extensive trial experience defending against felony charges. They have successfully defended people in criminal and juvenile court on felony charges, including the following:

  • Aggravated Assault
  • Aggravated Kidnapping
  • Aggravated Robbery
  • Assault by Impeding Breathing (choking)
  • Assault against a Public Servant
  • Auto Theft
  • Burglary of a Habitation or Building
  • Child Abuse
  • Child Porn Possession
  • Drug Defense, including Drug Possession and Drug Trafficking
  • DWI Defense
  • Evading by Motor Vehicle
  • Failure to Register as a Sex Offender
  • Intoxication Manslaughter
  • Manslaughter
  • Murder
  • Negligent Homicide
  • Online Solicitation of a Minor
  • Sexual Assault of a Child, including Indecency with a Child
  • White Collar Crime, including Credit Card Abuse, Embezzlement, Insurance Fraud and Identity Theft

Fort Bend County Criminal Attorneys Fighting for Your Rights, Freedom and Future

Do not be intimidated and do not give up hope.You may have been arrested and charged, but that does not mean that the police followed proper procedure or that the prosecutor has sufficient evidence to prove you guilty beyond a reasonable doubt. James G. Sullivan and Associates have succeeded in getting hundreds of criminal cases dismissed, no billed (dismissed) by the grand jury and in obtaining not guilty verdicts from juries. Talk to an experienced criminal trial lawyer before you even consider giving up and entering a plea of guilty.

NTL-top-100-memberThe defense attorneys at James G. Sullivan and Associates work as a team and will fight to get you justice. They will answer all of your questions so that you will know what to expect in a criminal case and help you and your family to make informed decisions. They will use their 45 years of combined experience and extensive legal knowledge to zealously defend you against serious felony charges.

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 G. Sullivan and Associates

James G. Sullivan and Associates use their extensive trial experience and knowledge of the law to defend their clients. If you are facing a felony or misdemeanor charge and need an experienced Houston criminal trial lawyer, they can help.

To discuss your case in confidence with an experienced Harris County criminal law attorney, call James G. Sullivan for a free consultation at (281) 546-6428.

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 Texas family crimes lawyer who will work hard to get you the best result for your particular situation.

Fort Bend County Child Abuse Lawyer | Richmond Texas Criminal Lawyer James Sullivan

Sunday, June 8th, 2014

Fort Bend 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.

Under Investigation? Call Richmond, Texas 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. 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.

Richmond, Texas Child Abuse Lawyer

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

What is Child Abuse in Fort Bend 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 Fort Bend 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.

Fort Bend County 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).

Fort Bend County 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 | Fort Bend County Child Neglect Attorney

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan & Associates for a free 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 Texas family crimes lawyer who will work hard to get you the best result for your particular situation.

Theft Crimes – Fort Bend County Criminal Lawyer | Richmond Texas Theft Attorney James Sullivan

Tuesday, May 13th, 2014

Fort Bend County Theft Crime Attorneys

Richmond, Texas Theft Crime Lawyers James Sullivan and Associates represents clients on misdemeanor and felony theft offenses in Fort Bend and the surrounding counties.  Theft of any amount is a very serious crime.  It is a crime of moral turpitude (dishonesty) and a conviction for theft can adversely affect you for the rest of your life.  You really cannot afford a conviction for theft on your record.  Each year, hundreds of people contact James Sullivan in order to get their theft convictions expunged from their record because they cannot get a job but unfortunately a theft conviction cannot be expunged or sealed (non-disclosed).  Young adults especially may not know about or consider the far-reaching effects of having a theft conviction on their record.  James Sullivan can discuss with you the possible options in order to later get your theft case record sealed or expunged.

What is Theft?

A person commits theft if he unlawfully takes another person’s property without their consent and with the intent to deprive the owner of the property [Texas Penal Code Sec. 31.03].  Obviously, if he did not intend to take the other person’s property, then it is not theft.  For example, in an alleged shoplifting case, if you place a case of beer on the rack under your shopping cart, forget about it and then walk out of the grocery store without paying for it, you should not be held responsible.  Or, if your child puts an item in your shopping bag without your knowledge and you leave the store without paying for it, you should not be convicted of theft.

What Could Happen if I Get Caught Stealing?

If you have been charged with shoplifting or any other theft related crime, you need a Richmond theft crime attorney to represent you.  You may face serious consequences if you have been arrested for theft in the Greater Houston area.  Your penalties will vary depending on the value of what you allegedly stole and other factors.  Theft crimes include shoplifting, hot checks, fraud, embezzlement and identity theft.  Theft crime can range from class C misdemeanor (such as a traffic violation level offense) to a first degree felony.  Burglary of a motor vehicle is a class A misdemeanor.  Auto theft is usually charged as a felony offense unless the value of the motor vehicle stolen is less than $1,500.  Other felony theft related crimes include credit card abuse (state jail felony), burglary of a building (state jail felony) and burglary of a habitation (2nd degree felony).

Fort Bend County Criminal Trial Lawyers

Richmond, Texas theft crime lawyer James Sullivan will discuss with you the seriousness of your charge and the various effective defense strategies that are best suited for your particular case.  Before you make your plea in court, it is important that you consult a theft crimes defense lawyer.   A Richmond criminal trial lawyer may be able to win your case at trial or persuade the prosecutor to dismiss the charges.   Another possible outcome is deferred adjudication.

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 theft charges in Fort Bend County (Richmond), Harris County (Houston), Montgomery County (Conroe), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

CRIMINAL OFFENSEACTUAL RESULTSCT #
TheftCASE DISMISSED (Client allegedly stole from her employer), Case # 19149956
Theft (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT (Client was accused of stealing over $170,000 in property from his employer. Thorough investigation by defense counsel revealed serious discrepancies in company inventory records), Case # 1369319262nd
TheftCASE DISMISSED WITHOUT A TRIAL SETTING (Client was accused of stealing an I-Pad from a restaurant), Case # 18612387
Auto TheftCASE DISMISSED (Client was accused of stealing an acquaintance’s car)314
Theft (State Jail Felony) in Jefferson County (Beaumont)CASE REDUCED TO MISDEMEANOR THEFT with no restitution (Client was accused of stealing over $10,000 from his employer and allegedly signed a voluntary confession. Thorough investigation by defense counsel cast serious doubt on the State’s ability to prove their case at trial), Case # 08-02655District Court
TheftCASE DISMISSED (Client accused of shoplifting), Case # 17652594
TheftCASE DISMISSED (Client accused of stealing a cell phone at a party), Case # 18121304
Motion to Adjudicate Guilt (Theft)( State Jail Felony)PROBATION REVOKED AND SENTENCED TO TIME SERVED (100 days HCJ under §12.44a)(Client had a reasonable due diligence argument regarding failure of the police to arrest the defendant soon after the violation of probation), Case # 926980337th
Theft (State Jail Felony)CASE REDUCED TO MISDEMEANOR THEFT and client received a deferred adjudication probation, Case # 1261476338th
Motion to Adjudicate Guilt (Theft)MADJ DISMISSED. Probation terminated without a conviction, Case # 12310973
Theft (State Jail Felony)REDUCED TO MISDEMEANOR THEFT, Case # 1238796262nd
TheftCASE DISMISSED, Case # 155825013
Theft (State Jail Felony)REDUCED TO MISDEMEANOR THEFT and client received deferred adjudication probation, Case # 1201179339th
Theft (State Jail Felony)CASE DISMISSED, Case # 1197048351st
Theft (State Jail Felony)REDUCED TO MISDEMEANOR THEFT and client received deferred adjudication probation, Case # 1202504178th
TheftCASE DISMISSED, Case # 149153814
TheftCASE DISMISSED, Case # 99133488
TheftCASE DISMISSED315th

Shoplifting – Fort Bend County Theft Lawyer | Richmond Texas Criminal Attorney James Sullivan

Monday, May 12th, 2014

Fort Bend County Shoplifting Attorneys

Fort Bend County Theft Crime Defense Lawyer

Richmond, Texas Theft Crime Lawyers James Sullivan and Associates represents clients on misdemeanor and felony theft offenses in Fort Bend and the surrounding counties.  Theft of any amount is a very serious crime.  It is a crime of moral turpitude (dishonesty) and a conviction for theft can negatively affect you for the rest of your life.  You really cannot afford a conviction for theft on your record.  Each year, hundreds of people contact Attorney James Sullivan in order to get their theft convictions expunged from their record because they cannot get a job but unfortunately a theft conviction cannot be expunged or sealed (non-disclosed).  Young people especially may not know about or consider the far-reaching effects of having a theft conviction on their record.  James Sullivan can discuss with you the possible options in order to later get your theft case record sealed or expunged.

Need a Richmond, Texas Shoplifting Lawyer? Contact James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

What is Theft?

A person commits theft if he unlawfully takes another person’s property without their consent and with the intent to deprive the owner of the property [Texas Penal Code Sec. 31.03].  Obviously, if he did not intend to take the other person’s property, then it is not theft.  For example, in an alleged shoplifting case, if you place a case of beer on the rack under your shopping cart, forget about it and then walk out of the grocery store without paying for it, you should not be held responsible.  Or, if your child puts an item in your shopping bag without your knowledge and you leave the store without paying for it, you should not be convicted of theft.

If you have been charged with shoplifting or any other theft related crime, you need a Fort Bend County theft crime attorney to represent you.  You may face serious consequences if you have been arrested for theft in Richmond or the surrounding area.  Your penalties will vary depending on the value of what you allegedly stole and other factors.  Theft crimes include shoplifting, hot checks, fraud, embezzlement and identity theft.  Theft crime can range from class C misdemeanor (such as a traffic violation level offense) to 1st degree felony.  Burglary of a motor vehicle is a class A misdemeanor.  Auto theft is usually charged as a felony offense unless the value of the motor vehicle stolen is less than $1,500.  Other felony theft related crimes include credit card abuse (state jail felony), burglary of a building (state jail felony) and burglary of a habitation (2nd degree felony).

Fort Bend County theft crime lawyer James Sullivan will discuss with you the seriousness of your charge and the various effective defense strategies that are best suited for your particular case.  Before you make your plea in court, it is important that you consult a theft crimes defense lawyer in Richmond, Texas.

Attorney James Sullivan

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.  Sullivan is also certified in Juvenile Law by the Texas Board of Legal Specialization.

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

 

Burglary of a Habitation – Fort Bend County Burglary Lawyer | Richmond Texas Criminal Attorney James Sullivan

Monday, May 12th, 2014

Fort Bend County Burglary Attorney

If you have been charged with burglary of a habitation, take immediate action and call an attorney.  Even if you are being investigated by the police and charges have not yet been filed, you should not wait.  An experienced Fort Bend County criminal attorney may be able to fight and win your case at the grand jury level.  If that happens, you would have the immediate right to get the criminal records expunged.

If you wait until you are arrested, this option may no longer be available.  Also, burglary cases are complex and punishment is severe.  The court could impose huge fines.  You could lose your freedom.  You need the counseling, guidance and defense of an experienced Fort Bend County criminal trial lawyer to fight for the best result.

Richmond, Texas Attorney for Burglary of a Habitation

At the Law Office of James Sullivan & Associates, we know what is at stake when our clients face serious felony charges.   Our job is to fight for your rights, freedom and future.  We have experience fighting burglary cases at the grand jury level and at jury trial.

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your burglary charges.

What is Burglary of a Habitation?

Texas law defines burglary under Texas Penal Code §30.02 as unlawful entry into (or remaining concealed within) a home, business or any type of enclosed structure with the intent to commit a felony, theft or an assault.  Although most burglary cases involve theft, the act itself is not limited to theft.  For example, if a person breaks into an apartment in order to attack someone, that person would be charged with burglary of a habitation.

Burglary of a habitation is a second degree felony.  You could be sentenced to 2 to 20 years in prison. The burglary is enhanced to a first degree felony with imprisonment up to 99 years or life if you entered the habitation with the intent to commit or actual commission of a felony other than felony theft (for example, aggravated assault or sexual assault).  In addition, you could be fined $10,000.

Richmond, Texas Criminal Attorney James Sullivan has been fighting the State on felony criminal cases since 1994 and gets proven results.  With an available team of experienced investigators and experts, Sullivan prepares a strong defense and fights to get you the best result.  Depending on the facts and circumstances of your case, that could include reduced charges, dismissal or acquittal at trial.

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.

James Sullivan & Associates | Fort Bend County Burglary Defense Lawyer

Contact James Sullivan and Associates at 281-546-6428 for a free consultation about your burglary crime charges. James Sullivan is an experienced Houston criminal attorney with a proven record of defending fellow Texans accused of burglary offenses in criminal and juvenile courts throughout Harris County Texas and the surrounding counties of Montgomery County, Fort Bend County, Waller County, Brazoria County, Galveston County and Liberty County.

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

CRIMINAL OFFENSEACTUAL RESULTSCT#
Burglary of a Habitation (2° Felony)JURY TRIAL: NOT GUILTY (Client accused of breaking into a home with 6 other juveniles and stealing over $25,000 in cash from a safe)313th
Burglary of a Habitation with intent to commit aggravated assault (1° Felony)CASE REDUCED TO BURGLARY OF HABITATION WITH INTENT TO COMMIT MISDEMEANOR ASSAULT (2° Felony) when Sullivan was setting the case for trial (Client was accused of breaking into a neighbor’s downstairs apartment through the air vent and then threatening a 17 year old girl who was home alone. Client was originally offered 12 years on the aggravated felony through his court-appointed attorney) , Case # 1370138228th
Burglary of a Habitation (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary), Case # 1321679184th
Burglary of a Habitation (2° Felony)CASE REDUCED TO BURGLARY OF A BUILDING (State Jail Felony), Case # 1245594232nd
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS, Case # 1298554232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED (Client was accused of being the lookout on a burglary of a habitation)315th
Attempted Burglary of a Habitation (3° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS OF A HABITATION (Client was accused of trying to break into an apartment. The tenant was inside and observed window screens being removed from the side of the apartment) , Case # 1289876232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED , Case # 1268926339th
Burglary of a Habitation (2° Felony)CASE DISMISSED, Case # 1277540232nd
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS and client received deferred prosecution313th
Burglary of a Habitation (2° Felony)CASE DISMISSED315th
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS TO HABITATION prior to jury trial setting, Case # 1200321337th
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT, Case # 1185149232nd
Burglary of a Habitation with Intent to Commit Assault (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused of breaking into house after a drug deal went bad) , Case # 1182231179th

Aggravated Robbery – Fort Bend County Criminal Lawyer | Richmond Texas Criminal Attorney James Sullivan

Monday, May 12th, 2014

Fort Bend County Aggravated Robbery Lawyer

Richmond, Texas Robbery Defense Attorney

Robbery itself is a serious felony that occurs when you injure someone or threaten to injure or kill someone while in the course of committing theft (Texas Penal Code §29.02). If convicted of robbery, you face 2 to 20 years in prison and a fine up to $10,000.

Aggravated robbery is more serious and the penalties more severe. If convicted of aggravated robbery, you face 5 to 99 years or life in prison and a fine up to $10,000 (Texas Penal Code §29.03).

Robbery cases are complex and the penalties are severe. It is important to retain a Fort Bend County criminal lawyer with the experience in defending these cases. Attorney James Sullivan has fought aggravated robbery cases at trial and has also been successful in persuading prosecutors to dismiss robbery cases. Sullivan also has experience in getting several such cases no billed (dismissed) by the grand jury. Of course, each case is different and the results depend on the unique facts and circumstances of each case.

The Fort Bend County criminal trial lawyers at the Law Office of James G. Sullivan and Associates have over 45 combined years of defending felony and misdemeanor cases at trial. They are dedicated to obtaining the best result for their clients either through litigation or negotiation.

Richmond Aggravated Robbery Lawyer

Fighting for Your Rights, Freedom and Future

A robbery becomes aggravated robbery when a knife, gun or other deadly weapon is used, or when you cause serious bodily injury to another. Other factors that can increase the robbery to an aggravated robbery involve the age or disability of the alleged victim.

NTL-top-100-memberAt the Law Office of James Sullivan & Associates, we know what is at risk when our clients face aggravated robbery charges.  Our job is to fight for your rights, freedom and future.  Attorney James Sullivan has been fighting felony and misdemeanor charges at trial since 1994, and we will use our extensive experience to get you the best possible result.  James Sullivan attended the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization.

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

CASEFACTSRESULT
Aggravated Robbery (2 separate cases)Sullivan represented a 25 year old man accused of 2 separate armed robberies, including a home invasion across the street from the South Houston Police Department. The chief of police and another police officer testified in trial that they positively identified Sullivan's client as one of the three armed robbers who fled on foot from the scene. The police initially suspected Sullivan's client because his vehicle was left behind at the scene. After the jury returned a not guilty verdict in the first case, the prosecutor dismissed a second prior aggravated robbery charge. If convicted of either robbery case, the accused faced 25 years to life in prison. Sullivan then represented his client at a parole revocation hearing and his client was kept on parole.Not guilty
Aggravated RobberyClient accused of being the driver in an aggravated robbery.No billed
Aggravated RobberyClient accused of trying to rob a man in his apartment complex.No billed
Aggravated RobberyClient accused of using a firearm to rob several restaurant patrons of their cell phones after firing a round into the ceiling.No billed
Aggravated RobberyClient accused of robbing a restaurant with a handgun.No billed
Aggravated RobberyClient accused of robbing another man in the street. State reduced case to misdemeanor theft and granted deferred adjudication.Reduced to misdemeanor Theft
Aggravated RobberyREDUCED TO ROBBERY with 7 years TDC (Client was charged with 2 aggravated robberies and allegedly committed 12 separate robberies of drug stores in a 2 month period)177th
Aggravated RobberyREDUCED TO AGGRAVATED ASSAULT AT PRE-TRIAL CONFERENCE SETTING (Client allegedly struck a teenager in the face with a rifle and stole his cell phone)209th
Aggravated Robbery5 YEARS OF DEFERRED ADJUDICATION (19 year old carjacked a Lexus from a woman using a tire iron)339th
Aggravated Robbery (2 Cases)3 YEARS OF DETERMINATE PROBATION AT HOME (16 year old client drove 2 guys on a crime spree--robbing several people at knifepoint in a short period of time. One guy got away and the other who was 17 received 3 years at TDC on a reduced aggravated assault charge)315th
RobberyREDUCED TO MISDEMEANOR ASSAULT ON JURY TRIAL SETTING (Client accused of stealing cell phone after attacking his girlfriend)(State only offered 4 years in prison before trial) Case # 1306891339th
Theft from a PersonREDUCED TO MISDEMEANOR THEFT and granted 2 years DADJ337th
RobberyREDUCED TO MISDEMEANOR ASSAULT313th
RobberyCASE DISMISSED232nd
RobberyREDUCED TO THEFT FROM A PERSON (State Jail Felony)232nd
Robbery (4 separate cases) (Felony Habitual enhanced)SENTENCED TO 10 YEARS TDC ON JURY TRIAL SETTING (Client was facing 25 years to Life in prison. Client was accused of committing 4 separate robberies within 24 hours of being released from prison. Client still had 10 years left on his parole, so for him a 10 year concurrent sentence was an extraordinary result)179th
Aggravated Robbery (2 cases) (1 case dismissed)CASE REDUCED TO AGGRAVATED ASSAULT and client received deferred adjudication probation177th
RobberyCASE REDUCED TO MISDEMEANOR THEFT179th

Aggravated Assault – Fort Bend County Criminal Lawyer | Richmond Texas Defense Attorney James Sullivan

Monday, May 12th, 2014

Aggravated Assault

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

It is important to hire an experienced Fort Bend County criminal defense lawyer because 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.

Attorney James Sullivan

If you have been charged with the criminal offense of aggravated assault in Fort Bend (Richmond), or any of the surrounding counties in Texas, including Harris county (Houston), Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Brazoria (Angleton), Galveston (City of Galveston) or Washington (Brenham), contact James G. Sullivan and Associates for a free consultation at (281) 546-6428.  Attorney Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

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.

Aggravated Assault in Fort Bend County

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 Fort Bend County

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

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 Fort Bend County

Occasionally, and in certain circumstances, there may be legal defenses available to aggravated assault. It is important to discuss with an experienced Richmond 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.

IMG_2922BGrand 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 almost 20 years of legal practice, including over 20 felony cases in just the past few years.  When a case is dismissed (no billed) by the grand jury, the accused has the immediate right to seek an expunction of the felony charge from their record.  Sullivan has been able to do this for many of his clients accused of felony offenses.

James G. Sullivan and Associates | Richmond, Texas Aggravated Assault Attorney

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your robbery charges in Fort Bend County (Richmond), Harris County (Houston), Montgomery County (Conroe), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

CRIMINAL OFFENSEACTUAL RESULTSCT #
Aggravated Assault in Fort Bend CountyCASE DISMISSED BY GRAND JURY (Client allegedly threatened her mother with a knife)268th
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client, a disabled vet, shot and seriously wounded a former friend who was high on drugs, broke in his house right after being ordered to leave the premises and attempted to attack him)351st
Aggravated Assault in Montgomery CountyCASE DISMISSED BY GRAND JURY (Client shot and seriously wounded a violent felon who was trying to steal his car at nighttime)359th
Aggravated AssaultNOT GUILTY VERDICT BY JURY (Client believed he was about to be robbed by 2 men outside a bar; client claimed self-defense)232nd
Aggravated Assault in Montgomery CountyREDUCED TO MISDEMEANOR UNLAWFUL RESTRAINT WITH DEFERRED ADJUDICATION AFTER IT WAS SET FOR A JURY TRIAL (Client allegedly pistol whipped an adult teen after he and his 3 friends endangered him and his family by egging the front windshield of his car early in the morning and causing him to run off the road, causing over $4,000 in damages to his car)359th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
Aggravated Assault Family Violence (Felony Habitual)CASE DISMISSED BY GRAND JURY AFTER FACING 25 YEARS TO LIFE IN PRISON (Client accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle)180th
Aggravated AssaultJURY TRIAL SETTING: DISMISSED BY STATE (Juvenile client allegedly attacked an older boy with a handmade weapon after the older came over to his house to kill him)315th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened)180th
Aggravated AssaultREDUCED TO MISDEMEANOR DEADLY CONDUCT WITH TIME SERVED AFTER IT WAS SET FOR A JURY TRIAL (Client was accused of threatening a woman with a firearm in Galveston County)405th
Aggravated Assault Family ViolenceCASE REDUCED TO MISDEMEANOR DEADLY CONDUCT with 30 days of actual jail time (Client accused of ramming into his girlfriend's car with her in it with his car)230th
Aggravated Assault in Brazoria CountyPUNISHMENT reduced to 9 months regular probation at home (At age 16, Juvenile client got into a fight with an 18 year old drug dealer that resulted in the dealer requiring brain surgery. The State only offered 5 years determinate probation or to certify him as an adult with deferred adjudication. Sullivan insisted on a jury trial or a regular probation that could be sealed at age 19. The State backed down and agreed)CCL 4
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana)248th
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client accused of shooting another guy's motorcycle twice while the guy was on it after the guy had broken the client's custom table)
Aggravated AssaultCASE DISMISSED (Juvenile client ran over drug dealer to save friend's life. The complainant suffered a broken hip. The case was re-filed as a Failure to Stop and Render Aid and then the new case was also later dismissed)315th
Aggravated Assault Family ViolenceCASE DISMISSED (Juvenile client was accused of threatening her mother with a steak knife)315th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client was accused of intentionally trying to drive into and strike his girlfriend)183rd
Aggravated AssaultCASE DISMISSED (Juvenile client was accused of threatening to stab classmate in the neck with a pair of sharp scissors)314th
Aggravated Assault Family ViolenceCLIENT RECEIVED DEFERRED ADJUDICATION PROBATION AFTER SENTENCING HEARING (Client with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time)174th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client accused of intentionally driving into and hitting the new girlfriend of her ex-boyfriend)232nd
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar; client claimed self-defense)232nd
Aggravated Assault Against a Public ServantCASE DISMISSED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him) - Case # 1291937263rd
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client accused of hitting other woman in head with metal pole) - Case # 1281977174th
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client allegedly brandished a knift and threatened another guy who had stolen his property) - Case # 1270564176th

 

Fort Bend County Juvenile Lawyer | Richmond Texas Juvenile Law Attorney James Sullivan

Sunday, May 11th, 2014

Fort Bend County Juvenile Lawyer

NTL-top-100-memberRichmond, Texas Juvenile Attorney James (Jim) Sullivan is a recognized expert in juvenile law and fights to defend children accused of delinquency offenses.  Since 1994, James Sullivan has fought to defend thousands of children accused of delinquency.  He has defended children in juvenile court on virtually every kind of delinquency case, ranging from misdemeanor possession of marihuana to felony murder.  He provides a strong legal defense.

James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization.  He is a recognized expert in the highly specialized area of juvenile law.  In Texas, there are only 38 lawyers such certified lawyers in private practice.  Sullivan also attended the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization.

Juvenile Law Is Not Criminal Law

Juvenile Law is different than criminal law.  Many criminal defense lawyers advertise that they are also juvenile defense lawyers, yet they may never have tried a juvenile case to a jury.  In order to hold oneself out as a true expert in Juvenile Law, a lawyer has to be Board Certified in juvenile law.  To become Board Certified, an attorney must:

  • have been licensed to practice law for at least five years,
  • devoted a required percentage of practice to a specialty area for at least three years,
  • handled a wide variety of matters in the area to demonstrate experience and involvement (including at least 3 jury trials, 5 non-jury trials and 3 certification hearings),
  • attended continuing education seminars regularly to keep legal training up to date,
  • been evaluated by fellow lawyers and judges, and
  • passed a 6-hour written examination.

The parents of children caught up in the juvenile justice system are very concerned about how their child’s misdemeanor or felony delinquency case could impact their future.  This is a very valid concern.  Colleges and universities have access to juvenile records.  Clearly, a juvenile delinquent is less likely to receive a highly coveted admission to a top school.  Also, law enforcement has access to juvenile records.  When juveniles are stopped by the police, they may be treated differently when the police know that they have a record.  There are several other ways that a juvenile record could impact your child.

Contact James Sullivan & Associates for a free initial consultation at 281-546-6428 about your child’s juvenile 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.

 

Fort Bend County Juvenile Sex Crimes Defense Lawyer James Sullivan

Saturday, May 10th, 2014

Richmond, Texas Board Certified Juvenile Defense Attorney

As parents, we know that children are naturally curious about their sexuality. In these modern times, children are reaching the onset of puberty at a younger and younger age (girls as young as nine and boys as young as ten). Their curiosity leads to natural experimentation. Unfortunately, such experimentation sometimes conflicts with state laws, and children as young as ten can be arrested and charged with serious felony offenses such as aggravated sexual assault of a child, sexual assault or indecency with a child.

Juvenile sex offenses, of course, can stem from other reasons. Children can be influenced to act out when they have been exposed to pornography or live sex. They will mimic the sexual behavior they have seen. And, of course, children who have been sexually abused will act out on those behaviors–sometimes years later. In such cases, it is very common that the child was abused at a young age by an older cousin, a babysitter, a coach or other such person close to the child. This prior abuse does not excuse the child’s actions, but it is definitely mitigating. Without counseling and intervention, the child is likely to re-offend. If the child later re-offends as an adult, he could be facing a life sentence.

If your child was arrested, contact Fort Bend County Juvenile Sex Crimes Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

DIGNITY, EMPATHY AND COMPASSION

Fort Bend County Juvenile Sex Offense Lawyer James Sullivan is Board Certified in Juvenile Law.  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 and in private practice in the state of Texas.

James Sullivan can help you and your child get through this difficult ordeal with dignity, empathy and compassion. He is sensitive to the emotional and psychological needs of children. He has represented a number of juvenile boys and girls who themselves had been victimized at a young age and had not reported it to their parents or to the authorities. In fact, it was only through his sensitive, patient and thought-provoking conversation with the child that he was able to draw out the prior abuse.

James Sullivan will work hard to persuade the State to non-suit (dismiss) your child’s case, to obtain an acquittal (not guilty) at trial or as a last result to negotiate a reasonable plea bargain.  From the outset, he will work hard to keep your child out of the detention center or to have your child released from the detention center and then work toward keeping him or her at home and from having to register as a sex offender.  In fact, not one of his juvenile clients has had to register as a sex offender. Such registration can be devastating to a child’s development and to his or her future.

James Sullivan is an expert in the field of juvenile law and has successfully represented juveniles charged with sex offenses and other felony and misdemeanor offenses in Houston and throughout southeast Texas. He has a proven track record in juvenile sex offense representation and is truly concerned about the many juveniles who do not have competent legal representation.

CASE RESULTS – JUVENILE SEX OFFENSES

The case histories below represent a few of the many juveniles charged with sex offenses that Jim Sullivan has represented. All cases were in Harris County (Houston), except where noted. Past results are not a guarantee of a similar result in any future case.

CaseFactsResults
Aggravated Sexual Assault of a ChildJames Sullivan persuaded a jury in the 314th District Court of Harris County to find his 15 year old male client not guilty of molesting his niece. The client was accused of inserting his finger into the sexual organ of his 2½ year old niece and his 4 year old nephew was an alleged eyewitness. The niece did have injuries documented in a medical examination, but a thorough defense investigation uncovered severe credibility issues with the children and their mother, the outcry witness, and other reasonable explanations for the injuries were not investigated by law enforcement.Not Guilty
Aggravated Sexual Assault of a Child15 year old boy was accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room.Dismissed on day of trial
Aggravated Sexual Assault of a Child in Montgomery County16 year old boy with autism was accused of raping his 14 year old male cousin during a sleepover. Law enforcement failed to interview the accused's parents, failed to visit the alleged crime scene and failed to investigate the complainant's father, a registered sex offender with a lengthy history of abusing children, as a possible perpetrator. Before Sullivan could set the case on the trial docket, the State did the right thing and dismissed the case.Dismissed
Aggravated Sexual Assault of a Child13 year old boy accused of touching his younger step-brothers. Sullivan persuaded the prosecutor to dismiss the case upon completion of juvenile sex offender counseling.Dismissed
Aggravated Sexual Assault of a Child in Montgomery County12 year old boy was accused of fondling a 2 year old girl at his home.Dismissed
Aggravated Sexual Assault of a Child in Brazoria County13 year old boy was accused of fondling his 6 year old stepsister. When the boy was 7, he was sexually abused by an older brother but never received any counseling. Unfortunately, six years later, he impulsively acted out on the behaviors he learned at a young age.Reduced to enticing a child
Aggravated Sexual Assault of a Child in Fort Bend County16 year old boy was accused of fondling with digital penetration his 14 year old sister against her will when he was 14 and she was 12 years old.Reduced to misdemeanor assault
Aggravated Sexual Assault of a Child in Montgomery County13 year old boy accused of having sex with and impregnating his 11 year old sister. Sullivan persuaded the prosecutor to reduce the case if client completed juvenile sex offender counseling.Reduced to public lewdness
Aggravated Sexual Assault of a Child16 year old boy was accused of sexually abusing his 6 year old half-sister.Reduced to misdemeanor assault on day of trial
Aggravated Sexual Assault of a Child in Liberty County16 year old special needs boy was caught in the act of fondling a 5 year old boy in the neighborhood. During a lengthy interview by Sullivan with the child at the detention center, the boy divulged that he had been molested at age six by a 14 year old cousin. Sullivan persuaded the State and the court to allow his client to live with an older sister in Harris county.Probation
Aggravated Sexual Assault of a Child in Orange County15 year old boy was accused of performing oral sex on a 12 year old boy. Sullivan persuaded the state to reduce the case to indecency with a child.Probation
Aggravated Sexual Assault of a Child in Jackson County15 year old boy was accused of sexually abusing a younger brother over a one year period of time. Like so many juvenile sex offenders, the accused was exposed to explicit sex videos online via unsupervised Internet access at a young age and began acting out with a sibling. The probation department originally recommended placement at TJJD, however Sullivan persuaded the prosecutor to place him with his grandparents following a 9 to 12 months of sex offender counseling at a private placement at Pegasus School in Lockhart)Probation
Aggravated Sexual Assault of a Child in Montgomery County12 year old boy was caught in the act of fondling a 5 year old boy in the neighborhood. Sullivan initially persuaded the court to allow his client to stay at home with his parents and younger siblings, however his client later admitted to probation to fondling a younger half-brother in his home. Sullivan then persuaded the court to place his client with his grandmother in Chicago and to receive out-patient counseling even though the probation department sought placement at a residential treatment center.Probation
Aggravated Sexual Assault of a Child12 year old boy was caught in the act of sexually abusing his 6 year old cousin. During a series of interviews with Sullivan, the boy divulged that he had been raped by an 18 year old acquaintance that had lived in the neighborhood. Sullivan persuaded the prosecutor to allow his client to receive probation and to live at home with his father.Probation
Continuous Sexual Abuse of a Child in Montgomery CountyCASE DISMISSED AFTER FIRST COURT SETTING (11 year old boy was accused of sexual assault against his older sister over a lengthy period of time. Investigation by Sullivan and the children's parents determined that the boy was actually the victim. The sister herself was a victim at a young age and was acting out with her younger brother)CCL 1
Indecency with a Child by Contact in Montgomery County13 year old boy accused of touching his 5 year old niece in his bedroom. Thorough investigation by Sullivan within days of being hired was enough to persuade the prosecutor to do the right thing without client even having to go through juvenile processing, an exceptionally rare result.Dismissed prior to first court setting
Indecency with a Child by Contact in Montgomery County16 year old boy accused of touching a female student at his high school.Dismissed
Indecency with a Child in Montgomery County15 year old boy was accused of holding a 15 year old girl down on the floor during class and fondling her through her clothing against her will.Dismissed
Indecency with a Child in Montgomery County11 year old boy was accused of fondling two other students against their will while on the school bus.Dismissed
Indecency with a Child13 year old boy was accused of fondling a 12 year old girl against her will at school.Dismissed
Indecency with a Child14 year old boy was accused along with two other boys of fondling a 13 year old girl at school against her will. Case was reduced on day of trial.Reduced to misdemeanor indecent exposure
Indecency with a Child15 year old boy was accused of fondling a 6 year old girl who was visiting him at home. Case was reduced on day of trial.Reduced to misdemeanor assault
Indecency with a Child14 year old boy was accused of fondling a 7 year old boy outside in their apartment complex. Case was reduced on day of trial.Reduced to misdemeanor public lewdness
Indecency with a Child in Galveston County13 year old boy allegedly touched a girl inappropriately while riding home on the school bus. Sullivan persuaded the prosecutor to grant a deferred prosecution with counseling.Dismissed
Indecency with a Child14 year old boy accused of touching a 10 year old girl.Dismissed
Indecency with a Child15 year old boy accused of touching a 12 year old girl.Reduced to misdemeanor assault
Motion to De-Register as a Sex OffenderGRANTED (A registered juvenile sex offender was allowed to de-register. Now 17, the client wanted to de-register before he applied to attend college)314th
Motion to Revoke Probation (Indecency with a Child) in Fort Bend CountyMotion to revoke dismissed and juvenile client was re-instated on probation.Dismissed
Possession of Child Pornography15 year old boy accused of downloading child pornography images and videos from the internet to his school-issued tablet. James Sullivan persuaded the judge to grant deferred prosecution after he first arranged for his client to take and complete juvenile sex offender counseling.Dismissed after deferred prosecution
Possession of Child PornographyCase was first filed in Criminal District Court as an adult case, later dismissed and re-filed in Juvenile Court one week before client's 18th birthday, an exceptionally rare event. Government knew about child pornography when Client was 16 but did not execute search warrant until one week after his 17th birthday. Client does not have to register as a sex offender)5 years determinate probation
Promotion of Child Pornography in Montgomery County15 year old boy accused of forwarding a pic of himself engaging in a lewd sex act with another child. Sullivan persuaded the prosecutor not to file charges if client completed a counseling program.Case closed without charges filed
Sexual Assault16 year old boy accused of forcibly raping a 17 year old girl at her home.Dismissed on day of trial
Sexual Assault of a Child in Fort Bend County16 year old boy allegedly forced his girlfriend to have sex with him against her will. Sullivan persuaded prosecutor to not file case and for client to participate in first offenders program.Case closed without charges filed
Sexual Assault in Brazoria County16 year old boy was accused of sexual assault against an 18 year old girl during a teen drinking party.Case closed without charges filed

 

POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:

DISCRETIONARY TRANSFER TO CRIMINAL COURT

An Aggravated Sexual Assault of a Child offense is a first degree felony. If the juvenile is 14 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from five years to life in prison.

Indecency with a Child can be either a second or third degree felony. If the juvenile is 15 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from 2 years to 10 or 20 years in prison.

DETERMINATE SENTENCE

Instead of a transfer to criminal court, the State can also seek a Determinate Sentence for a juvenile aged 10 years or older for a juvenile felony sex offense. If this were to happen, a juvenile could never seal his juvenile record. He could be placed on probation for up to 10 years with automatic transfer to adult probation at age 18. He could also be sent to the Texas Juvenile Justice Department (former known as Texas Youth Commission) for up to 40 years for a first degree felony, up to 20 years for a second degree felony and up to 10 years for a third degree felony. If sent to TJJD and to be eligible for parole, he first has to stay a minimum of 3 calendar years for a first degree felony, 2 calendar years for a second degree felony and 1 calendar year for a third degree felony. If the juvenile does not parole out by age 19, then he is automatically transferred to adult prison, although depending on his behavior he could be transferred as early as age 16.

INDETERMINATE SENTENCE

Instead of the severe consequences of a transfer to adult court or determinate sentence, the State can proceed with an Indeterminate Sentence. In such a case, the juvenile could petition the court to seal his record at age 19 as long as he is not required to register as a sex offender. Also, the juvenile could receive probation until age 18. As a condition of probation, he could be placed outside his home for sex offender counseling and treatment. He could also be sent to TJJD where he could be held until age 19. In most of his negotiated cases, James Sullivan has been able to reach an agreement with the State for his client to receive Indeterminate Sentence probation at home for two years, the minimum statutory required length of probation for a felony sex offense.

SEX OFFENDER REGISTRATION

The Judge can also order the juvenile to register as a sex offender until age 28. The defense attorney may be able to persuade the State to agree to defer registration, i.e. the Judge will make the decision regarding sex offender registration after the juvenile completes his or her sex offender counseling. James Sullivan has been successful in his cases to either defer the registration decision or to not require the juvenile to register at all.

DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION

James Sullivan has also been successful in persuading juvenile courts to allow juveniles to be excused from further sex offender registration that would otherwise be required by Chapter 62 of the Texas Code of Criminal Procedure. A juvenile ordered to register as a sex offender only has two chances to request de-registration as a sex offender. Therefore, it is important to retain an attorney experienced in the process. Ideally, it is better to request de-registration prior to the juvenile’s 18th birthday when he would otherwise have to begin registering as an adult until age 28. However, the juvenile can still request de-registration even after having reached age 18 or older.  If you or your child were ordered to register as a sex offender by a juvenile court and want to be excused from further registration or if your child is charged with a sex offense, then contact James Sullivan at (281) 546-6428.

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’s juvenile sex crime 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.

WARNING TO PARENTS ABOUT SMART PHONES

Attorney Sullivan regularly warns parents of the dangers of unsupervised internet access for children, especially via a smart phone (e.g., I-Phone), but can also be by other mobile devices (e.g., I-Pad), computers or gaming systems (e.g., Play Station or Xbox). The danger is that children and young adults can easily access websites that offer free high speed, hard core pornography. These websites offer videos displaying every sexual deviancy imaginable and can easily warp the minds of children and young adults.

Since 1994, Sullivan has defended hundreds of juveniles and adults accused of felony sex offenses, including juveniles as young as 10. Over the last few years, about 80 percent of his juvenile cases stemmed from juveniles acting out with other children after having viewed hard core pornography on their or a friend’s smart phone, computer or gaming station. Obviously, cell phone service, gaming system and other internet related providers need to better warn parents of the dangers of these devices. By researching online or reading over the owner’s manual, you can learn how to block access to porn on your child’s smart phones although these filters are not 100% effective.

CASE EXAMPLES

The stories of Sullivan’s juvenile clients that stemmed from exposure to online pornography are heart wrenching, yet almost completely avoidable. Case examples include: a 13 year old boy impregnating his 11 year old sister, a 10 year old boy paying a 6 year old girl who lived next door for oral sex, a 14 year old boy engaging in sex acts with his 12 year old brother over a one year period, a 15 year old boy frequently having sex with his 12 year old adopted sister over a one year period and many more.

It is important for juveniles to receive professional counseling. In one memorable case, the children did not receive the counseling they needed and were later charged with serious felony sex offenses.  In that case, Sullivan was hired to represent a 14 year old boy who had fondled his 7 year old stepsister. The boy had two older brothers who were 15 and 16 years of age. The 15 year old was also accused of fondling the stepsister, and the 16 year old was accused of molesting children in a neighboring county.  Sullivan’s associate Nancy Botts was hired to represent the 15 year old. The 14 and 15 year old brothers received probation. The 16 year old was certified to stand trial as an adult. He was represented by a different law firm.

Seven years earlier when the older brother was 9 years old he began acting out sexually with his younger brothers, then ages 7 and 8. At that time, the older brother had received a smartphone as a Christmas present, used it to look at pornography online, shown the videos to his younger brothers and then began acting out with them in their bedroom. When they were caught in the act, the three brothers were separated and placed with different relatives. Unfortunately, none of the three children received any counseling.  Fast forward seven years and the three brothers are arrested and charged separately with serious felony sex offenses.

 

Fort Bend County Criminal Lawyers

Saturday, May 10th, 2014

Fort Bend County Criminal Defense

IMG_2934BRichmond, Texas Attorney James (Jim) Sullivan is an experienced criminal trial lawyer. James Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America, and was invited to join The National Trial Lawyers organization, a professional organization composed of reputable trial lawyers from across the country.

Need a Richmond, Texas Criminal Defense Lawyer? Contact James Sullivan and Associates at 281-546-6428 for a confidential free consultation.

Fighting for the People, Getting Cases Dismissed

James Sullivan chose to become a criminal lawyer. It was not by accident. Fighting the government and defending people come natural to him—he was born into a diverse, dynamic family of conservative Baptists and liberal social activists. Unlike many colleagues who practice criminal law, James Sullivan has never prosecuted anyone and never will. That is not him. His entire career is devoted to defending people accused of crimes and delinquencies.

Reputation

James Sullivan has a good reputation in the legal community. James Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf. Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you. Anyone can call James Sullivan to represent them.

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 […]

MLU

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 […]

L.O.

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 […]

Melody

Mr. Jim Sullivan is a great lawyer. There are many reasons to say he is good at what he does. Mr. Sullivan not only helps you get the best result in your case but he also cares for you and your future. He will help you with your case and even so when the case […]

Katherine

After some strong arming by the fire marshall’s office for my son’s felony arson case, I was so nervous and looked up Jim Sullivan. I hired him based on his results, and I could not be happier that I did! He got my son’s case on the next docket, after an attempt at delay from […]

Evelyn S.

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 […]

Andreda C.
The law practice of James Sullivan is devoted solely to criminal and juvenile defense. James Sullivan has tried many cases in the criminal and juvenile courthouses. Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Results Matter

James Sullivan gets proven results. Over the past 23 years, James Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy. If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then James Sullivan advises his client that they should fight the case at a jury trial. Unlike many other attorneys, James Sullivan does not try to convince an innocent person to plead guilty. Instead, James Sullivan fights for his clients’ rights, freedom and future at trial.

Legal Services for a Reasonable Fee

James Sullivan offers a full range of legal services in his criminal and juvenile defense law practice. Unlike many other attorneys, James Sullivan charges separate fees on trial and non-trial cases.

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future. He frequently counsels with clients at his office for at least an hour. He invests the necessary time to get to know them and their legal problem, and not just the facts but also the emotions underneath. Ultimately, a good trial lawyer knows that emotion persuades a jury far better than logic. After all, people make decisions at gut level and then use their head to support it. The attorneys trained at the Trial Lawyers College get this. Even if a client is not fighting his case at trial, it is important to understand the client’s story fully in order to get the best result.

Because Sullivan understands that people need to honor work and family commitments, he offers afternoon, early evening and same day appointments along with free parking.

Contact Attorney James Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Fort Bend County Criminal Defense Attorney James Sullivan to discuss your case.
James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428 right now.

Grand Jury Defense

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting. If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged. Many of James Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Fort Bend County Juvenile Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

Bilingual

Richmond, Texas Criminal Lawyer James Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 20 years and have two children. They worship at a local Catholic church. James Sullivan is also an Eagle Scout.

Nancy Botts

Fort Bend County Criminal Defense Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases.  She also has a strong commitment to offering each client the best possible representation.

Need experienced Fort Bend County Criminal Defense Lawyers? Call James Sullivan and Associates at 281-546-6428 for a free confidential consultation.

AREAS OF PRACTICEf

Arson, Aggravated Assault, Aggravated Robbery, Assault, Assault Family Violence, Auto Theft, Burglary of a Habitation, Child Abuse, Computer Crime, Cruelty to Animals, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Grand Jury, Indecency with a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, StalkingTerroristic ThreatTheft, Unlawful Restraint, White Collar Crime, and all Juvenile Crime, Juvenile Certification and Juvenile Sex Crimes.