Posts Tagged ‘Manslaughter’


Houston Murder / Manslaughter Charge Defense

Saturday, March 7th, 2015

Homicide Defense Lawyer in Harris County Texas

Murder | Manslaughter | Negligent Homicide

James (Jim) Sullivan is an experienced Harris County criminal lawyer. For over 20 years, Sullivan has successfully fought the government in jury trials on behalf of clients in criminal and juvenile courts.

James Sullivan graduated 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.

Located in northwest Houston, and serving the counties of southeast Texas, James G. Sullivan and Associates provides those accused of murder, manslaughter and negligent homicide with an aggressive, experienced defense. Since 1994, Sullivan has defended at trial several clients accused of murder and homicide related charges.

In his most recent murder case in February 2015, Sullivan forced the State to agree to 15 years in prison on the second jury trial setting. Prior to trial, the State only offered 45 years. Sullivan’s client carried a gun to a college age party held in a family’s backyard. To scare off several hostile men that wanted to fight him, the client fired a warning shot over them and accidentally struck and killed an innocent bystander.

In 2014, Sullivan assisted his associate Nancy Botts in a murder trial in which the accused initially lied to the investigating officer and even tried to hide the firearm and cover up the physical evidence. Their client claimed self defense in killing a drug addict with a shotgun at close range, however his credibility was destroyed by the lies he initially told to investigators. Even though the jury did find their client guilty, Botts was able to secure a 16 year prison sentence. Prior to trial, the State again only offered 45 years.

In 1995, Sullivan successfully defended a 21 year old man in a negligent homicide trial. His client was accused of killing a young man in a head-on car accident on Eldridge Parkway in northwest Houston. The accused allegedly had traces of cocaine in his system, was driving over the speed limit in the rain, on the wrong side of the road, and with “bald” tires. The force of the impact caused the engine from one of the cars to be ejected and thrown about 50 feet from the car. Unfortunately, the sports car the decedent was driving did not have air bags, and the driver was killed instantly when his head hit the steering wheel. The prosecutor and even other defense attorneys predicted his client would be convicted and receive 10 years in prison. Sullivan argued that his client hydroplaned across lanes and that it was just an accident. The jury agreed and found his client not guilty.

Homicide charges, ranging from manslaughter and negligent homicide to capital murder, are very serious and carry serious consequences if convicted.

When facing murder charges, it is essential to have an experienced criminal defense attorney at your side to get the best possible outcome.

The different homicide charges carry the following penalties:

  • Capital Murder: Life imprisonment or the death penalty
  • Murder: 5 years to Life in prison
  • Manslaughter: 2 to 20 years in prison
  • Negligent Homicide: 180 days to 2 years in a state jail. However, if a deadly weapon is found to have been used, the range is 2 to 10 years in prison.

Contact a Skilled Houston Murder Defense Lawyer

The outcome of your case is significantly affected by the experience of the criminal defense lawyer you hire. It is important to hire a reputable attorney with extensive trial experience, especially murder trial experience. James Sullivan will help you understand the charges against you and discuss your options.

To consult in confidence with an experienced Houston criminal defense lawyer, contact Attorney James Sullivan at 281-546-6428.

 

HARRIS-FT BEND COUNTY: I DIDN’T MEAN TO KILL HIM, HONEST!

Sunday, August 14th, 2011

                            Image via Wikipedia

Manslaughter is really a lawful phrase for that eliminating of the human being within method that’s regarded as much less culpable compared to homicide. Mens rea, or even frame of mind, may be the adjustable what the law states utilizes to tell apart in between various amounts of intensity once the passing away associated with someone else happens. In comparison along with manslaughter, homicide demands malice aforethought or even malice, each which include deep breathing about the passing away associated with an additional. Having a homicide situation which just entails malice aforethought, there isn’t any purpose in order to destroy however the willful overlook for a lifetime is available. In comparison, manslaughter demands which nor of those preconditions had been existing. It’s split in to 2 types of non-reflex as well as involuntary.

Non-reflex manslaughter entails circumstances when a individual might have experienced purpose in order to destroy however their own common sense had been clouded through mitigating elements, such as their own frame of mind. A typical instance associated with this kind of cost is within warmth associated with enthusiasm killings, the place where a individual finds out their own enthusiast is actually disloyal or perhaps a mother or father views the youngster becoming assaulted. Protection with regard to this kind of eliminating consist of provocation, warmth associated with enthusiasm, imperfect self-defense, as well as reduced obligation. Within provocation as well as warmth from the second, the majority of sensible individuals might react within an upset method, perhaps slaughtering the actual culprit without having representation. Within imperfect self-defense, the actual monster behaved by having an truthful however uncommon indisputable fact that personal safety validated the actual passing away. Reduced obligation is actually an additional declare that may reduce costs through homicide in order to manslaughter. Nevertheless, the majority of says vitally study the actual killer’s frame of mind to be able to consider in the event that any kind of harmful intention been around. In several says, this particular protection is actually hard in order to show, in the event that actually a good admissible, method to reduce the actual cost.
Involuntary manslaughter consists of circumstances without any lethal purpose however recklessness or even felony carelessness leading to passing away. Recklessness is understood to be overlook for that recognized hazards of the specific scenario. Vehicle manslaughter occurs whenever a individual violates security guidelines, such as generating whilst underneath the impact. Misdemeanor manslaughter explains the much less severe edition associated with criminal offense homicide, when a individual eliminates an additional whilst carrying out the misdemeanor. When the dishonored misdemeanor included the regulation made to safeguard the existence, the actual cost might instantly end up being improved to some murder criminal offense. Furthermore, a few says additionally think about aided committing suicide because a kind of punishable criminal offense.
The actual passing away associated with an additional individual is really a severe disaster upon not only a person degree but additionally impacting the household as well as family members from the right now departed.