Posts Tagged ‘Murder’


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.

 

America the risk of violent crime is really a fear that all of us have to live with.

Monday, August 29th, 2011

013With regard to families and individuals surviving in America the risk of violent crime is really a fear that all of us have to reside with.
Just get your local newspaper or switch on your T. Sixth is v. and see the actual headlines of homicide, rape and attacks reported from coastline to coast. There’s an answer towards the realization that you might be a victim of the violent crime, and that’s to be prepared to protect yourself should you are in a
scenario that warrants this.

A crime associated with violence or violent crime is really a crime where the attacker or culprit uses or threatens to make use of violence or violent force from the victim. These consist of crimes in which the chaotic act is the goal of the attack, this kind of
as murder, together with crimes in which violence may be the means to a finish, such as thievery. Males are the main victims of offenses of violence, except for rape which
makes up about 6 percent of violent crimes.

There are 4 offenses that are regarded as violent crimes; they’re murder and non-negligent manslaughter, forcible rape, thievery, and aggravated attack. These
violent crimes could also involve using force or the actual threat of pressure.

In 2004, there have been an estimated 1,367, 009 chaotic crimes reported in the USA. Of these, irritated assaults comprised over 62 percent of reported crimes, thievery
over 29 %, forcible rape or even sexual assault more than 6 percent, and murder comprises just a little over 1 percent of reported violent offenses.

Here are several alarming statistics regarding Violent Crime within the U. Utes.

1. Over 94, 000 forcible rapes had been reported in 2004 a good increase of four. 9 percent because the year 2000. Around 6 out of 100 females in the USA will be the victim of forcible rape.

2. Over 16, 000 murders had been reported in 2004 a rise of 3. 5 % since 2000, but showed a decline within the number of murders documented in 2003.

3. There have been over 850, 000 irritated assaults reported within the United Says in 2004. This crime usually has got the highest percentage associated with incidents reported every year. But research indicates a steady reduction in aggravated assault
occurrences going back 11 years.

4. In 2004 there have been over 400, 000 robberies reported in the united states,
robbery is defined through the Uniform Crime Confirming Program (UCR)
since the taking or trying to take anything of value in the care, custody, or control of the person or individuals by force or even threat of pressure or violence as well as by putting the actual victim in concern.

For families and individuals surviving in America the risk of violent crime is really a fear that all of us have to reside with. Just get your local newspaper or switch on your T. Sixth is v. and see the actual headlines of homicide, rape and attacks reported from
coastline to coast. There’s an answer towards the realization that you might be a victim of the violent crime, and that’s to be prepared to protect yourself should you are in a scenario that warrants this.

A crime associated with violence or violent crime is really a crime where the attacker or culprit uses or threatens to make use of violence or violent force from the victim. These consist of crimes in which the chaotic act is the goal of the attack, this kind of
as murder, together with crimes in which violence may be the means to a finish, such as thievery. Males are the main victims of offenses of violence, except for rape which
makes up about 6 percent of violent crimes.

There are 4 offenses that are regarded as violent crimes; they’re murder and non-negligent manslaughter, forcible rape, thievery, and aggravated attack. These
violent crimes could also involve using force or the actual threat of pressure.

In 2004, there have been an estimated 1,367, 009 chaotic crimes reported in the USA. Of these, irritated assaults comprised over 62 percent of reported crimes, thievery
over 29 %, forcible rape or even sexual assault more than 6 percent, and murder comprises just a little over 1 percent of reported violent offenses.

Here are several alarming statistics regarding Violent Crime within the U. Utes.

1. Over 94, 000 forcible rapes had been reported in 2004 a good increase of four. 9 percent because the year 2000. Around 6 out of 100 females in the USA will be the victim of forcible rape.

two. Over 16, 000 murders had been reported in 2004 a rise of 3.5 % since 2000, but showed a decline within the number of murders documented in 2003.

3. There have been over 850, 000 irritated assaults reported within the United Says in 2004. This crime usually has got the highest percentage associated with incidents reported every year. But research indicates a steady reduction in aggravated assault
occurrences going back 11 years.

four. In 2004 there have been over 400, 000 robberies reported in the united states,
robbery is defined through the Uniform Crime Confirming Program (UCR) since the taking or trying to take anything of value in the care, custody, or control of the person or individuals by force or even threat of pressure or violence as well as by putting the actual victim in concern.

Aggravated Crimes

Monday, August 29th, 2011

Houston criminal attorney                                       Image via WikipediaMany people have heard associated with assault and battery when it comes to criminal charges. Many more, particularly those who’ve watched Law & Order or any of a number of crime shows upon TV, have also heard about aggravated crimes, such as aggravated assault or even aggravated battery. The question is just what “aggravates” a criminal offense?

An aggravated crime is really a crime that is available when certain circumstances and conditions utilize during and or following a criminal offense. There are too many ways in that a crime could be “aggravated” to name all of them here. In common, the process is among conversion when a crime is converted from the general crime for an aggravated crime. In most case, the situation which will change a criminal offense from general to aggravated depends upon the crime that’s being committed.

There are a multitude of factors that may influence whether the crime is irritated or not. A few of the factors that play a role in this dedication include:

– Had been there a harmful weapon involved?

– Was physical injury caused due to the criminal behave?

– Was presently there a threat useful of a harmful weapon made?

– Was the dangerous weapon used following the or without the threat?

– Do the criminal or even accused possess explosives or even other dangrous weaponry while allegedly carrying out the crime?

These are just some of the many factors that may convert a criminal offense from regular in order to aggravated.

Like attack or battery, an individual can aggravate murder too. Unfortunately, the circumstances which will make a murder aggravated will vary from making additional, less heinous offenses aggravated. The above queries if answered within the affirmative may utilize, but the location and also the situation surrounding the murder would be the key ingredients towards creating a murder charge irritated.

As an instance, if a person is within prison and commits homicide, the murder from the other inmate or even other individual is recognized as aggravated due to the location. Here, the inmate probably doesn’t get access to explosives or additional dangerous weapons and thus location is virtually all there is to put into practice.

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.

The minute one is accused of homicide, society is prone to assume the person is guilty

Sunday, July 17th, 2011

TexasprisonsunsetHomicide Defense

The minute one is accused of homicide, society is prone to assume the person is guilty, regardless of the 5th, 6th, and 14th amendments in our constitution which accord an individual the presumption of innocence. However, a jury’s view of the case may end up being distorted through the maliciousness of the actual crime. Therefore a powerful defense important to show innocence or to secure a lesser charge.

According to Sec. 19.01 of the Texas Penal Code, there are 4 types of criminal homicide. A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

Those charged with homicide face, at minimum, 5 years in prison. Life in prison with or without the possibility of parole is a common sentence with murder charges.

Defense Methods

Because of the serious sentences for the crime, it is essential for anyone charged with murder to acquire experienced legal defense representation. Every day those falsely accused with murder need to be defended successfully. If innocent of the crime, it is necessary to gather evidence that disproves the accusations. There might not be enough evidence to prove the person guilty of the crime beyond a reasonable doubt. DNA evidence is a useful tool in order to question the guilt of the accused. If the killing was as a result of self defense, it may lead to a case being dismissed, or a reduced sentence.

 

Accused of Murder in Harris County?

Monday, July 4th, 2011

9mm-black-handsCrimes of Violence

Houston Criminal Lawyer James Sullivan represents people charged with all kinds of criminal offenses, including murder.

Sullivan has tried five separate murder cases to a jury trial. In Harris County, the government usually makes a standard offer of 45 years on all of the cases despite the evidence or circumstances of the case. In 2013, Sullivan assisted his associate Nancy Botts in a murder case she was defending. The government made the usual offer that most people would refuse. The client had a decent self defense argument, however he and his girlfriend lied about the circumstances of the killing to the police. Ultimately, the jury did find him guilty, and the client received 16 years in prison.

Several years back, Sullivan defended a client who shot his best friend in the back after losing a fight with him. His client’s friend was running down the sidewalk away from him when he fired at his buttocks. Unfortunately, the bullet struck his friend in the lower back and severed an artery. The client called 911 on himself and waited at the scene until the police and ambulance arrived, however his friend bled to death on the sidewalk. The client thought he had a legitimate self defense claim, however he clearly knew nothing about the law. The government again made the standard offer of 45 years. Sullivan argued to the jury that his client acted in the heat of passion which would have reduced the punishment range from 5 years to life to 2 to 20 years in prison. The jury ultimately sentenced the client to 20 years in prison.

If you are accused of a crime of violence, 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.

 

Texas Penal Code, Section 19.02 – Murder

CHAPTER 19. CRIMINAL HOMICIDE
§ 19.02.  MURDER.  (a)  In this section:
(1)  “Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2)  “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b)  A person commits an offense if he:
(1)  intentionally or knowingly causes the death of an individual;
(2)  intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3)  commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c)  Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d)  At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.