Posts Tagged ‘Richmond Texas’


Stalking | Fort Bend County Criminal Attorneys

Saturday, September 9th, 2017

Fort Bend County Stalking Defense

Stalking is a serious felony offense. Stalking allegations in Fort Bend county can arise from different situations, such as from a failed relationship where one partner still wants to maintain contact with the other partner.  And, stalking charges are often filed based solely on the accusations of the alleged victim.

If a law enforcement officer in Texas has probable cause that an accused committed the offense, the officer has authority to immediately arrest that person without a warrant. Even if a proper investigation did not take place, an immediate arrest for stalking could still occur based on the accusations.

Stalking charges can result in serious punishment and consequences, 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. However, if you have been charged with a stalking offense, it is important to know that you do not necessarily have to face a criminal conviction.

It is important to hire an experienced Richmond, Texas criminal defense lawyer because criminal charges for stalking 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 Richmond who will fight for you.

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

Stalking in Fort Bend County

According to section 42.072 of the Texas Penal Code, a person can be charged with stalking if the person, on more than one occasion and in the same course of conduct that is directed specifically at another person, knowingly engages in conduct that:

  • the person knows or reasonably should know will be regarded as threatening bodily injury or death to the alleged victim, a family member or household member of the alleged victim, or another person the alleged victim is dating;
  • the person knows or reasonably should know will be regarded as threatening damage to the alleged victim’s property;
  • causes the alleged victim, a family member or household member, or person they are dating to be fearful of death, serious bodily injury or property damage;
  • would cause a reasonable person to fear bodily injury or death to themselves, a family or household member, or person they are dating; and/or
  • would cause a reasonable person to fear their property will be damaged.

Punishment for Stalking in Fort Bend County

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

A first stalking offense is charged as a third degree felony.  A conviction for such a felony is punishable by a prison sentence ranging from two to 10 years and a fine up to $10,000.

A second stalking offense is 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.

In addition to the punishment described above, a person that has been convicted of a stalking offense may suffer any of the following penalties and consequences:

  • A criminal record;
  • Unable to apply for certain jobs, professions or occupations;
  • Unable to be admitted into certain educational programs;
  • Ineligible to own or possess a gun or firearm;
  • Ineligible to receive certain kinds of governmental assistance;
  • Ineligible to vote or hold public office;
  • Loss of certain professional licenses; and/or
  • Public humiliation and embarrassment.

James G. Sullivan and Associates | Fort Bend County Stalking Lawyer

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

Contact James Sullivan & Associates for a free phone consultation at 281-546-6428 about your stalking 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.

Unlawful Restraint | Fort Bend County Violent Crime Defense Attorneys

Wednesday, September 6th, 2017

Unlawful Restraint

Fort Bend County Violent Crime Lawyers

In the United States, people have the freedom to live and move about freely. Thus it is illegal to interfere with a person’s liberty against his or her will by restricting the person’s movements, by moving the person from one place to another or by confining the person. Because illegal restraint or confinement can leave long lasting psychological trauma on victims, the laws regarding unlawful restraint are strictly enforced by Texas law enforcement and prosecutors frequently seek severe punishment. If you have been charged with unlawful restraint, it is important that you contact an experienced violent crimes defense lawyer.

Fort Bend County Unlawful Restraint Attorneys

If you have been charged with unlawful restraint in the Greater Houston area, including Katy, Cypress, Jersey Village, Bellaire, Spring, Humble, Pasadena, Channelview, Conroe, The Woodlands, Hempstead, Richmond, Sugar Land, Missouri City, Pearland, Angleton, Friendswood and Galveston, you can contact the law offices of James G. Sullivan and Associates at (281) 546-6428 for a free phone consultation and case evaluation. They are experienced criminal trial lawyers who will fight for your rights, freedom and future.

What is Unlawful Restraint in Texas?

According to §20.02 of the Texas Penal Code, a person can be charged with unlawful restraint if he or she intentionally or knowingly restrains another person without consent by using force, intimidation, or deception. However, unlawful restraint can be done by any means, including acquiescence of the victim, if:

  • the victim is a child less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or
  • the victim is a child between 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim’s residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.

In addition, there are affirmative defenses which might be used by the defense to get the charges dismissed.

Punishment for Unlawful Restraint in Fort Bend County

Unlawful restraint is charged as a Class A misdemeanor, however it can be enhanced to a State Jail Felony if the victim was a child less than 17 years of age.

It can also be enhanced to a Third Degree felony if the offender recklessly exposes the victim to a substantial risk of serious bodily injury, the offender knowingly restrains an on duty public servant, or the offender while in custody restrains any other person.

According to Chapter 12 of the Texas Penal Code, a person charged with unlawful restraint can receive any of the following punishment and consequences if they are convicted of the offense:

  • A person convicted of a Class A misdemeanor can be sentenced to up to a year in jail, and/or a fine of up to $4,000;
  • A person convicted of a State Jail felony can be sentenced between 180 days to 2 years in a state jail, and a fine of up to $10,000; and,
  • A person convicted of a Third Degree felony can be sentenced between 2 to 10 years in prison, and a fine of up to $10,000.

Although the punishment for unlawful restraint is less severe than that of kidnapping, it is still a serious offense. Contact an experienced criminal defense attorney who will provide effective and aggressive representation.

Unlawful Restraint Defense in Richmond, Texas

If you have accused of unlawfully restraining someone in Harris County, Montgomery County, Fort Bend County, Waller County or Brazoria County, contact the law offices of James G. Sullivan and Associates. We are experienced defense lawyers in northwest Houston who will make every effort to help you receive the best outcome for your particular case.  Call (281) 546-6428 for a free phone consultation and case evaluation, the first step in providing you a strong defense.

Indecency with a Child | Fort Bend County Sex Crimes Defense Attorneys

Wednesday, September 6th, 2017

Indecency with a Child

A conviction for indecency with a child throughout Fort Bend County and the surrounding counties can result in serious punishment and collateral consequences, such as:

  • a prison or jail sentence;
  • a criminal record;
  • an exclusion from certain jobs, occupations or professions;
  • an exclusion from admission into certain educational programs;
  • an inability to possess or own a firearm;
  • fines;
  • ineligible to vote or hold public office;
  • Public humiliation and scorn; and/or
  • a requirement to register as a sex offender for life.

The sex offense of indecency with a child can involve a number acts, including, but not limited to touching, fondling, exposure of genitals, child abuse, rape, sexual assault, molestation, child pornography and child prostitution.

If you are under investigation for or are accused of indecency with a child, it is important to hire legal counsel before discussing the allegations with a CPS caseworker or a law enforcement investigator. Having legal representation could mean the difference between criminal charges being filed, a case dismissal or even a conviction.

In order to obtain a conviction, the prosecution must first prove you committed every element of the offense beyond a reasonable doubt. This burden of proof is difficult to establish. If the judge or jury has any doubt you committed every element of the offense, the charges against you may be reduced or even dismissed altogether. Therefore, it is imperative to retain an experienced criminal defense lawyer as soon as possible to help you begin developing the best defense for your specific situation.

Fort Bend County Indecency with a Child Attorney

If you have been charged with indecency with a child in the Greater Houston area, including Katy, Cypress, Jersey Village, Bellaire, Spring, Humble, Pasadena, Channelview, Conroe, The Woodlands, Hempstead, Richmond, Sugar Land, Missouri City, Pearland, Angleton, Friendswood and Galveston, you can call (281) 546-6428 for a free consultation and case evaluation. Attorney James (Jim) Sullivan is an experienced criminal trial lawyer who will fight for your rights, freedom and future.

What is Indecency with a Child in Texas?

According to Texas Penal Code § 21.11(a)(1), a person can be charged with indecency with a child by contact if they participate in any sexual contact with a child under the age of 17, whether the child is of the same or opposite sex. A person can also be charged with this offense if they cause a child under the age of 17 to engage in sexual contact.

According to Texas Penal Code § 21.11(c), sexual contact is defined as engaging in any of the following forms of conduct with the intent to arouse or gratify the sexual desires of any person:

  • any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or,
  • any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

According to the Texas Penal Code § 21.11(a)(2), a person can be charged with indecency with a child by exposure if they commit any of the following acts with a child under the age of 17 with the intent to arouse or gratify the sexual desire of any person:

  • exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
  • causes the child to expose the child’s anus or any part of their anus or genitals.

Punishment for Indecency with a Child in Fort Bend County

According to Chapter 12 of the Texas Penal Code, a person charged with indecency with a child can receive any of the following punishment and consequences if they are convicted of the offense:

  • A person charged with indecency with a child involving sexual contact can be convicted of a felony of the second degree, which is generally punishable by a fine up to $10,000 and/or a prison sentence ranging from two to 20 years.
  • A person charged with indecency with a child involving exposure can be convicted of a felony of the third degree, which is generally punishable by a fine up to $10,000 and/or a prison sentence ranging from two to 10 years.

James G. Sullivan and Associates | Richmond, Texas Indecency with a Child Lawyers

If you or your loved one are being investigated or were already arrested for allegedly committing indecency with a child in the Greater Houston area, you should immediately retain experienced legal counsel. James G. Sullivan and Associates can help determine your best possible defense and fight to obtain the most favorable result.

Our Fort Bend County criminal defense lawyers represent clients accused of sex crimes all over Harris County, Montgomery County, Fort Bend County, Waller County, Brazoria County and Galveston County. Call (281) 546-6428 for a free and confidential consultation.

Terroristic Threat

Wednesday, September 6th, 2017

Fort Bend County Terroristic Threat Defense

For most people the word terroristic conjures up images of vicious threats or horrific attacks by ISIS against innocent people. However, the term terroristic threat has a broader meaning and is generally understood as a threat of violence to a person in order to place that person in fear of imminent serious bodily injury. In Texas, law enforcement takes terroristic threats very seriously. Both adults and juveniles can be arrested and charged with making terroristic threats.

Terroristic threats are used for purposes of intimidation or coercion, but sometimes a person is accused of making such a threat based on statements that were taken mostly out of context. While Americans have a right to free speech, the First Amendment does not protect all types of speech, such as language that is meant to incite the masses toward lawless action. In order to be convicted of making a terroristic threat, the prosecutor has the burden to prove that the person had the necessary criminal intent and that burden can sometimes be difficult to make.

Defense Attorneys for Terroristic Threat charges in Richmond, Texas

If you or your loved one was arrested in southeast Texas for allegedly making terroristic threats, you should have legal representation before speaking with the authorities. The defense attorneys of James G. Sullivan and Associates can fight for you with the goal to get these charges dismissed, reduced or won at trial.

Our experienced criminal defense attorneys represent clients in all the Greater Houston area, including Katy, Cypress, Jersey Village, Bellaire, Spring, Humble, Pasadena, Channelview, Conroe, The Woodlands, Hempstead, Richmond, Sugar Land, Missouri City, Pearland, Angleton, Friendswood and Galveston.  You can call (281) 546-6428 for a free consultation and case evaluation.

What is a Terroristic Threat in Texas? 

According to Texas Penal Code § 22.07, a person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

  1. cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
  2. place any person in fear of imminent serious bodily injury;
  3. prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
  4. cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
  5. place the public or a substantial group of the public in fear of serious bodily injury; or
  6. influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Punishment for Terroristic Threat in Texas

Depending on the specific types of alleged activity involved, a terroristic threat charge can be filed as a:

  • Class B Misdemeanor (punishable by up to 180 days in jail and/or a fine up to $2,000);
  • Class A Misdemeanor (punishable by up to one year in jail and/or a fine up to $4,000);
  • State Jail Felony (punishable by up to two years in jail and/or a fine up to $10,000); or
  • Third Degree Felony (punishable by up to 10 years in prison and/or a fine of up to $10,000).

A Class B Misdemeanor charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury; or cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies.

A Class A Misdemeanor charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to place in fear of imminent serious bodily injury a member of the alleged offender’s family or household (or otherwise constitutes family or dating violence) or a public servant, or prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place.

A State Jail Felony charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place causing pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance.

A Third Degree Felony charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; place the public or a substantial group of the public in fear of serious bodily injury; or influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Contact James G. Sullivan and Associates | Fort Bend County Terroristic Threat Lawyers

If you or your loved one are being investigated or were already arrested for allegedly making a terroristic threat in Fort Bend County, you should immediately retain legal counsel. James G. Sullivan and Associates can help determine your best possible defense and fight to obtain the most favorable result.

Our Fort Bend County criminal defense lawyers represent clients all over Harris County, Montgomery County, Fort Bend County, Waller County, Brazoria County and Galveston County. Call (281) 546-6428 for a free and confidential consultation.

Fort Bend County Family and Dating Violence Defense Attorneys

Tuesday, July 4th, 2017

Richmond, Texas Domestic Assault Lawyers

Most couples learn to resolve their differences or even end their relationships without resorting to domestic abuse or family violence. Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.

The attorneys of James Sullivan & Associates are experienced in defending individuals in family violence and dating violence cases. You can contact the firm and have a free telephone consultation with a trial attorney.  Call 281-546-6428 to get the information you need to move forward.

Convictions for Family or Dating Violence Have Severe Consequences

Depending on the circumstances, the prosecutors can charge Assault Family Violence either as a:

  • misdemeanor, or a
  • felony.

A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner. If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault. If the person choked their partner or impeded their breathing, then it is also a Felony. No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.

Consequences for those who are found guilty of assault family violence may include:

  • Jail or prison time
  • Community Supervision (Probation)
  • Fines
  • Community service
  • Inability to own or purchase a firearm
  • Protective orders and limitations on parenting time
  • Anger management or BIPP counseling

The Fort Bend County District Attorney’s Office takes domestic violence accusations seriously. The prosecutors immediately call the alleged victim to get their statement as to what happened. The prosecutors lock in the emotional stress of the event by obtaining their immediate statement. However, facts tend to change and the importance of the incident significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Contact James Sullivan & Associates at 281-546-6428.

Defending a Richmond Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences. The accused may be permanently barred from working in certain industries. The accused may be denied housing in apartment complexes. If you are charged with assault family violence, you should seek legal advice from experienced criminal defense lawyers.

The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial. Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest. While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.

Negotiating a plea deal with prosecutors should be the last resort. A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies. Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues. Even in cases of actual physical injury, it may be possible for an good defense attorney to negotiate a case dismissal with completion of a counseling program.

Need Legal Advice?  Call James Sullivan & Associates at 281-546-6428.

Contact a Richmond Assault Family Violence Lawyer

The best way to resolve the case is by first talking with an Assault Family Violence Attorney. Richmond Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation. He will aggressively defend you. He gets results and fights cases at trial. His legal fees are affordable, reasonable and fair.

James Sullivan graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas. This is one of his many client reviews on AVVO:

I must say Mr Sullivan is a man of his word. I have a pretty long record so when I had got arrested for Aggravated assault on a family member for my 3rd time, I seriously believed that there was NO hope, but I was wrong. Mr Sullivan made sure to make my case a top priority and reassured me that everything would be just fine when I had my doubts, due to my past convictions. My ex girlfriend tried to assault me with a broken wine bottle when i kept telling her i no longer wanted to be with her but when I kept attempting to keep the glass from cutting either one if us, she accidentally got hurt in the process. I helped her clean her wound but I asked her to leave as I felt that night had already brought too much drama, and she was highly intoxicated and persistent about gettin aggressive if I didn’t take her back. A month later a warrant was issued for my arrest and I got picked up by the police at my home one morning. I’m forever grateful that I found out about the warrant right before I got arrested because I read about Mr. Sullivan on Google and I decided that he was the man that I wanted to handle my case. My punishment ranges from 2-20 years and I knew for sure with my long record and the seriousness of that crime that the d.a wouldn’t offer me the minimum. Mr Sullivan was very down to earth and really cared about gettin this case dismissed for me so that I could get back in school and continue my life as a productive member of society. Several weeks passed because the prosecutor kept delaying the process, and I started to get a bit discouraged but Mr. Sullivan’s confidence and reassurance about my case and all of the evidence he gathered for me helped me so much. Sure enough everything he told me that he would do, he did. He got my case dismissed and I’m back in school just like he said to me. Thank you so much Mr. Sullivan, you’re truly a blessing and I don’t know what I would’ve done without you 🙂

–Posted by Andrea. on November 8, 2015

Contact James Sullivan & Associates for a free phone consultation at 281-546-6428 about your family violence charges in Fort Bend County, Harris County, Montgomery County, and Brazoria County.

Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.  Cases dismissed (no billed) by the Grand Jury were based upon James Sullivan’s written defense packet.

CRIMINAL OFFENSEACTUAL RESULTS - FAMILY VIOLENCE CASESCT #
AGGRAVATED ASSAULT FAMILY MEMBER in Fort Bend CountyCASE DISMISSED BY GRAND JURY (Client was accused of threatening her mother with a knife)268th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was 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 ASSAULT FAMILY MEMBERCASE 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 ASSAULT FAMILY MEMBERCASE 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 ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head)177th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of intentionally trying to drive into and strike his girlfriend)183rd
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
AGGRAVATED ASSAULT FAMILY MEMBERPSI HEARING: RECEIVED DEFERRED ADJUDICATION PROBATION (Client with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time)174th
AGGRAVATED ASSAULT FAMILY MEMBERCASE REDUCED TO MISDEMEANOR DEADLY CONDUCT with 30 days of actual jail time (Client accused of ramming his car into his girlfriend's car with her in it)230th
AGGRAVATED ASSAULT FAMILY MEMBERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of stabbing her boyfriend with a knife)232nd
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. As a felony habitual, client faced 25 years to Life in prison)174th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED (Client accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)176th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client was accused of abusing his 15 year old daughter even though he used reasonable discipline against her. She was being rebellious and he spanked her with a belt to discipline her)208th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)338th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERREDUCED TO CLASS A MISDEMEANOR ASSAULT with jail time already served (3 days)(Client had 2 previous Assault family violence convictions involving a different complainant. Client accused of injuring his wife's neck)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during an argument)180th
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during a physical altercation in which the client was slapped and scratched)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of suffocating his wife with a pillow)263rd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of choking his immigrant wife, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGREDUCED TO MISDEMEANOR ASSAULT with two years of defeferred adjudication probation (Client accused of choking his wife and was facing 2-20 years in prison as a family violence second offender)263rd
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT conviction with jail time already served (two days). Best offer prior to trial was 4 years in prison (Client accused of choking his wife and breaking one of her ribs)178th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT with one year of defeferred adjudication probation (Client accused of choking his wife)179th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGCASE REDUCED TO MISDEMEANOR ASSAULT with jail time already served (6 days) (Client was accused of choking his spouse)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT by reckless conduct with 1 year of deferred adjudication probation at trial setting (Client was accused of choking his spouse)339th
CONTINUOUS ASSAULT FAMILY VIOLENCE in Montgomery CountyREDUCED TO MISDEMEANOR ASSAULT with one year of deferred adjudication probation and no finding of family violence (Client accused of hitting his wife on two different days of the same week)221st
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client slapped his adult daughter after she cursed him to his face)8
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client allegedly committed an assault against her spouse)7
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his girlfriend)6
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his wife in order for her to justify an emergency job transfer back to her hometown)13
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of injuring his girlfriend at the time they had a heated argument and broke up)4
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of his injuring his pregnant wife. Prosecutor agreed to dismiss the case after some marital counseling)6
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of hitting his adult son after his son stole his work truck to buy drugs)5
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked her husband. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked his girlfriend. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Waller CountyCASE DISMISSED (Client was accused of injuring ex-wife after divorce was final. Client insisted he was innocent. State dismissed the case in the interests of justice)County Court
ASSAULT FAMILY MEMBER in Liberty CountyCASE DISMISSED (Client was accused of hitting his spouse)County Court
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT with 4 weekends of work instead of jail time. Client accused of choking his girlfriend. She then went to get her gun and they fought over the weapon until he could remove it from the house. Client served prison time in another state and could have faced 25 years to life in prison.230th

Fort Bend County Sexual Assault Lawyer | Sugar Land Sex Crimes Attorney James Sullivan

Tuesday, February 24th, 2015

Fort Bend County Sexual Assault of a Child Lawyers

Sugar Land Sex Crimes Defense Attorneys

In Texas, Statutory Rape is charged as Sexual Assault of a Child, a serious felony offense. If convicted as an adult, the defendant is required to register as a sex offender for life. If the alleged child victim is between 14 to 16 years of age, the crime is a second degree felony and punishable by 2 to 20 years in prison for each count in the indictment. If the alleged child victim is under 14 years of age, the crime is a first degree felony and punishable by 5 to 99 years in prison for each count in the indictment.

Under Investigation?  Contact Sugar Land Sexual Assault Defense Attorney James Sullivan at 281-546-6428.

These cases seem to be more and more common. A 23 year old male name “John” goes to a friend’s house party and meets an attractive, willing woman who says she is 18 years of age. They have consensual sex in one of the bedrooms. Several days later, he learns that she is really 14 years of age and that her mother found out about it and called the police.

John now faces serious sex offense charges. There are several important legal issues to consider:

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.
  • The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

Experienced Fort Bend County Sex Crimes Defense Attorneys

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

James Sullivan and Associates are Fort Bend County Criminal Defense Attorneys with over 45 combined years of defense experience.  James Sullivan is also board certified in Juvenile Law by the Texas Board of Legal Specialization.  Juvenile Law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.  You can call James Sullivan and Associates right now at 281-546-6428 for a free confidential consultation.

Sugar Land Sex Crimes Lawyer James Sullivan Wins Cases at the Grand Jury Level

Why Fight a Felony Case at the Grand Jury Level?

Sugar Land Sex Crimes Defense Attorney James Sullivan has been very successful in getting Sexual Assault of a Child cases No Billed (dismissed) by the Grand Jury.  In just the past few years, Sullivan has fought these cases and prevailed in five such cases in neighboring Harris County as detailed below.  When a case is No Billed by the Grand Jury, the accused has the right to immediately seek an expunction of his criminal record.  Because prosecutors generally seek to present the case to the Grand Jury between the first and setting court setting, it is extremely important to hire a defense attorney right away.  Unless a defense attorney requests that the prosecutor hold the felony case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury.

Once an accused is indicted, this option is no longer available.  If found guilty by a jury or if placed on deferred adjudication probation for this type of offense, the accused would be required to register as a sex offender for life.  Time is of the essence in retaining a knowledgeable Sugar Land sexual assault defense attorney.

James Sullivan and Associates | Houston Texas Sex Crimes Defense 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 is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan and Associates for a free consultation at 281-546-6428 about your allegations of sexual assault in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).  James Sullivan is an experienced Houston criminal defense lawyer who will work hard to get you the best result for your particular situation.

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

______________________________________________________________________________

DATE CASE # CT # TEXAS CRIMINAL OFFENSE ACTUAL RESULT
ALL CASES NO BILLED BY GRAND JURY WERE BASED ON DEFENSE PACKETS
04/19/12 1332791 185th SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of having consensual sex with underage girl he met on online after she falsely claimed that she was 18)
12/03/10 1283460 232nd SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
08/24/10 1264919 232ND SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
04/28/10 1220515 179TH SEXUAL ASSAULT OF A CHILD (2° Felony) DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative)
11/23/09 1231727 179TH SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)

________________________________________________________________________________

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.