Posts Tagged ‘Sullivan’


White Collar Crime

Tuesday, November 29th, 2016

White Collar Crime

If you have been charged in Houston with theft, writing bad checks, fraud, identity theft, money laundering, bribery, illegal gambling, embezzlement or any other kind of white collar crime, it is important to contact an experienced criminal defense lawyer. White collar crimes usually involve criminal activities committed by people in the regular course of their business. While these crimes may seem less serious than violent criminal offenses and their respective punishment less severe, do not take the criminal charges lightly. The district attorney’s office will work just as hard to prosecute you for a white collar offense.

If you are facing charges in Harris County for a white collar crime, your future depends on the decisions you make today. If convicted, you could face severe punishments and penalties for both felony and misdemeanor white collar crimes, including a criminal record, prison or jail sentence and large fines.

Whether you are charged with a white collar crime in Harris County or a surrounding county, the prosecutor still has the burden to prove that you committed the crime beyond a reasonable doubt. It is the criminal defense attorney’s job to craft your best defense and work hard to prevent the prosecution from meeting their burden of proof.

Houston White Collar Crime Lawyer

If you have been charged with a white collar crime in Harris County or the surrounding counties of Montgomery County, Fort Bend County, Liberty County, Chambers County, Brazoria County and Waller County, contact the law offices of James G. Sullivan and Associates for a free consultation at (281) 546-6428.

White Collar Criminal Offenses in Texas

White collar crime refers to financially motivated nonviolent crime usually committed by business and government professionals. These crimes involve deception, manipulation, concealment or breach of trust. The victims of white collar crimes frequently do not realize a crime has been committed against them until months and sometimes even years later.

White collar crimes are usually considered nonviolent and illegal activities that involve deceit, manipulation, breach of trust or concealment. Often the victims of white collar crimes have been so minimally affected they don’t even realize a crime has been committed against them. The following are some of the more common white collar crimes–

FORGERY – a person can be charged with forgery under Texas Penal Code § 32.21 if he alters, makes, completes, executes or authenticates a writing with the intent to defraud or harm another person. Depending on the circumstances of the offense, this offense is punishable as a Class A misdemeanor, state jail felony or felony of the third degree.

CREDIT CARD ABUSE – a person can be charged with credit card abuse under Texas Penal Code § 32.31 if he:

  • Presents a credit or debit card with the intent to obtain some benefit fraudulently, knowing the card was not his and without the consent of the owner,
  • Presents a credit or debit card with the intent to obtain some benefit knowing the card was expired or had been revoked or cancelled,
  • Uses a fake credit or debit card or fake credit or debit card number with the intent to obtain a benefit,
  • Receives a benefit he knows was from credit card fraud,
  • Steals a credit or debit card,
  • Receives knowingly a stolen credit or debit card with the intent to use it, sell it, or give it to another person who is not the actual owner,
  • Buys a credit or debit card from a person he knows is not the issuer of the card,
  • Sells a credit or debit card and is not the issuer of the card,Uses or induces the cardholder to use the cardholder’s credit or debit card to obtain property or service for his own benefit which the cardholder is financially unable to pay,
  • Possesses a credit or debit card with the intent to use it when he is not the owner and does not have the owner’s consent, and/or
  • Possesses two or more incomplete credit or debit cards that have not been issued to him with the intent to complete the cards without the issuer’s consent.

This offense is usually punishable as a state jail felony; however, it is punishable as a third degree felony when it is committed against an elderly individual.

IDENTITY THEFT – a person can be charged with identity theft under Texas Penal Code § 32.51 if he obtains, possesses, transfers or uses an item of the following with the intent to harm or defraud another person–

  • Identifying information of another person without the other person’s consent,
  • A deceased person’s information that would be identifying information if that person were alive, and/or
  • Identifying information of a child younger than 18 years of age.

Based on the items of information obtained, possessed, transferred or used, this offense ranges from a state jail felony to a first degree felony.

MONEY LAUNDERING — A person can be charged with money laundering under Texas Penal Code § 34.02 if he knowingly:

  • Acquires or maintains an interest in, conceals, possesses, transfers or transports the proceeds of criminal activity;
  • Conducts, supervises or facilitates a transaction involving the proceeds of criminal activity;
  • Invests, expends, receives, or offers to invest, expend or receive the proceeds of criminal activity or funds the person believes are the proceeds of criminal activity; or
  • Finances or invests, or intends to finance or invest funds the person believes are intended to further the commission of criminal activity.

Based on the value of the funds, this offense ranges from a state jail felony to a first degree felony.

INSURANCE FRAUD – a person can be charged with insurance fraud under Texas Penal Code § 35.02 if he commits an act in support of a claim for payment under an insurance policy with the intent to defraud or deceive an insurer.  Depending on the value of the claim, the punishment range for this offense is from a Class C misdemeanor to a felony of the first degree.

BRIBERY – a person can be charged with bribery under Texas Penal Code § 36.02 if he offers, gives, or agrees to give to another, or requests, accepts, or agrees to accept from another:

  • Any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
  • Any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
  • Any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or
  • Any benefit that is a political contribution or expenditure if the benefit was offered, given, requested, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit.

The offense is punishable as a second degree felony.

Punishment for White Collar Crime in Texas

The punishments and penalties associated with white collar crimes are listed in Texas Chapter 12 of the Texas Penal Code. However, a person may receive a more severe punishment depending on the type of white collar crime he committed and whether he has a criminal record.

A class C misdemeanor is punishable by a fine up to $500.

A Class B misdemeanor is punishable by a fine not to exceed $2,000, a  jail sentence of up to 180 days, or both.

A Class A misdemeanor is punishable by a fine not to exceed $4,000, a  jail sentence of up to one year, or both.

A state jail felony is punishable by a state jail sentence ranging from 180 days to two years and a fine of up to $10,000.

A felony of the third degree is punishable by a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.

A felony of the second degree is punishable by a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.

A felony of the first degree is punishable by a prison sentence ranging from 5 to 99 years or life and a fine up to $10,000.

James G. Sullivan and Associates | Houston White Collar Offense Attorney

Contact the law office of James G. Sullivan and Associates at (281) 546-6428 for a free phone consultation about your white collar crime charges in the Greater Houston area.  James Sullivan is an experienced Houston criminal defense lawyer who will work hard and strive to get you the best result.

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

Contact Attorney James Sullivan if you have been charged with a white collar crime in Houston, or any of the surrounding areas in Texas, including Cypress, Katy, Spring, Pasadena, Conroe, The Woodlands, Richmond, Sugar Land, Hempstead, Liberty, Pearland or Angleton.

Stalking | Houston Criminal Attorney James Sullivan Fights for his Clients

Wednesday, September 14th, 2016

Harris County Stalking Defense

Stalking is a serious felony offense. Stalking allegations in Houston 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 Houston 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 Houston who will fight for you.

If you have been charged with the criminal offense of stalking in Harris 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 Houston

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 Houston

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

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 | Harris 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.

Deadly Conduct | Houston Criminal Lawyer James Sullivan Fights for his Clients

Monday, August 1st, 2016

Deadly Conduct

Deadly conduct is a serious offense in Houston.  Whether or not a weapon is involved, Texas takes these cases very seriously.  Deadly conduct can be charged as a Class A Misdemeanor or a Third Degree Felony depending on the circumstances.  A conviction for a felony deadly conduct can result in severe penalties, including lengthy prison time and a large fine.  Such a conviction can also adversely impact your future, such as by losing many educational, employment, housing and public assistance opportunities. Because your future is at stake, a plea bargain may not be the best choice for you.

It is important to hire an experienced Houston criminal defense lawyer because criminal charges for deadly conduct 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 misdemeanor or 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.  Also, depending on the circumstances of your case, there may be more effective options than going to trial such as a pretrial intervention agreement or deferred adjudication probation.  Either way, it is vital to contact an experienced criminal attorney in Houston who will fight for you.

Houston Deadly Conduct Defense Lawyers

If you have been charged with committing the criminal offense of deadly conduct in Harris County or any of the surrounding counties in Texas, contact the law offices of James G. Sullivan and Associates.  With over 20 years of defense trial experience, Sullivan’s legal team will fight for you and use every legal strategy possible to get the best result.  Call 281-546-6428 for a free phone consultation.

Deadly Conduct

According to Section 22.05 of the Texas Penal Code, there are several ways to commit deadly conduct.  The conduct charged is essentially recklessness and with a primary focus on firearms.   Deadly conduct is committed by:

  • Recklessly engages in conduct that places another person in imminent danger of serious bodily injury
  • Knowingly discharges a firearm at or in the direction of:
    • one or more individuals, or
    • a house, building or car and is reckless as to whether or not it is occupied.

Recklessness and danger are presumed if the person knowingly pointed a firearm at or in the direction of another whether or not the person believed the firearm to be loaded.

Some road rage behavior could be charged as deadly misconduct.  For example, if a driver speeds through rush hour traffic, quickly changing lanes, cutting off other drivers or maneuvering on and off the emergency lane, he places other drivers in danger of serious bodily injury because his reckless actions could cause a motor vehicle accident or collision.

Serious Bodily Injury

According to Section 1.07 of the Texas Penal Code, serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Recklessness

According to Section 6.03 of the Texas Penal Code, a person commits a reckless act, not necessarily intending to harm another, but without regard for the result.  If a person is aware of but consciously disregards a substantial and unjustifiable risk that a likely result will occur, he or she acts recklessly.

For example, discharging a firearm at a street sign when there is a house directly behind it and in the line of fire, without intending to injure anyone, is reckless because the person is disregarding the risk that the house is occupied and a person inside could be seriously injured.  In fact, Sullivan successfully defended a juvenile at a jury trial charged with deadly conduct under these circumstances.

Punishment for Deadly Conduct Charges in Harris County

The punishment for this offense varies depending on whether a firearm was involved.  Deadly conduct is charged as a Third Degree Felony when a firearm is involved and as a Class A Misdemeanor when a firearm is not involved.

Deadly conduct conviction as a Class A Misdemeanor could result in:

  • a fine up to $4,000
  • confinement in jail for up to one year and/or probation
  • a criminal record available to the public
  • a driver’s license suspension
  • prevented from pursuing certain careers
  • participation in a pre-trial diversion program
  • restitution, reimbursing the victim for any expenses resulting from the crime

Deadly conduct conviction as a Third-Degree Felony could result in:

  • a fine up $10,000
  • imprisonment for up to 10 years and/or probation
  • a felony criminal record available to the public
  • prevented from pursuing certain careers
  • prevented from receiving certain kinds of governmental assistance
  • prevented from owning or possessing a firearm
  • prevented from voting or holding public office
  • participation in a pre-trial diversion program
  • restitution, reimbursing the victim for any expenses resulting from the crime

In addition to this punishment, the stigma of a conviction or subsequent jail or prison time for deadly conduct carries negative social consequences.  However, a conviction may not have to happen and that is why it is important to discuss your options with an experienced Harris County deadly conduct lawyer.

You can be charged by the state with deadly conduct for any action that could imminently cause serious harm to another person.  Because the kinds of actions and circumstances are so broad, there are just as many possible defenses.  If you have been charged with deadly conduct in Harris County, or the surrounding areas, protect your rights, freedom and future.

Trust your case to an experienced Houston firm that is dedicated to fighting for the best outcome. Call the law offices of James G. Sullivan and Associates at 281-546-6428 for a free phone consultation.

James G. Sullivan and Associates | Harris County Deadly Conduct Attorneys

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 initial phone consultation at 281-546-6428 about your aggravated assault 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.

Waller County Juvenile Lawyer | Hempstead Texas Juvenile Defense

Monday, April 11th, 2016

Waller County Juvenile Lawyer

Hempstead, Texas Juvenile Defense Attorney James (Jim) Sullivan is a recognized expert in juvenile law and fights to defend children accused of delinquency offenses.  Since 1994, James Sullivan has fought to defend thousands of children accused of delinquency.  He has defended children in juvenile court on virtually every kind of delinquency case, ranging from misdemeanor cases such as possession of marihuana, theft and assault to felony cases such as aggravated sexual assault of a child, robbery and murder.  He provides a strong legal defense and is appreciative of the many reviews that parents of juvenile clients have written.

TBLS-Logo-tag-RAttorney James Sullivan has been Board Certified in Juvenile Law by the Texas Board of Legal Specialization since 2004.  Sullivan is a recognized expert in the highly specialized area of juvenile law.  In Texas, there are only 38 lawyers such certified lawyers in private practice.  Sullivan also graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization.

Juvenile Law Is Not Criminal Law

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

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

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

If your child needs a juvenile defense lawyer, contact Houston Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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

Serving Juveniles in Southeast Texas Since 1994

Serving juvenile clients throughout southeast Texas, including Alvin, Anahuac, Angleton, Atascocita, Baytown, Bellaire, Brookshire, Bunker Hill Village, Clear Lake, Channelview, Conroe, Cypress, Deer Park, El Lago, Friendswood, Galena Park, Galveston, Hedwig Village, Hempstead, Hilshire Village, Houston, Humble, Hunters Creek Village, Huntsville, Jacinto City, Jersey Village, Katy, La Porte, League City, Liberty, Missouri City, Nassau Bay, Pasadena, Pearland, Piney Point Village, Richmond, Rosenberg, Seabrook, Shoreacres, South Houston, Southside Place, Spring, Spring Valley, Sugar Land, Taylor Lake Village, Texas City, Tomball, Waller, Webster, West University Place and The Woodlands, and other communities in Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County and Waller County.

Burglary Crimes | Waller County Criminal Lawyers

Monday, April 11th, 2016

Burglary of a Habitation, a Building, or a Vehicle

In Texas, a person commits burglary if, without the consent of the owner, he enters a habitation, building or vehicle with the intent to commit a felony, theft or an assault. According to Tex. Penal Code § 30.01, these three separate offenses have unique definitions:

  • A habitation is any structure or vehicle that is made for the overnight accommodation of a person, including each separately secured or occupied portion of the structure or vehicle; and each structure connected or attached to the structure or vehicle.
  • A building is any enclosed structure intended to be used or occupied as a habitation or to be used for some purpose of trade or manufacture.
  • A vehicle is any device in, on or by which a person or property may be moved in the normal course of commerce or transportation.
    Depending on the degree of the offense, a burglary conviction can result in severe punishment. Therefore, it is important to hire a reputable and experienced criminal defense lawyer to fight for you.

Hempstead, Texas Burglary Lawyer

If you have been charged with a burglary offense in the Greater Houston area, contact James Sullivan and Associates at 281-546-6428 for a free confidential consultation.

Burglary Offenses in Harris County

Texas criminal law lists a variety of burglary crimes, ranging from misdemeanor to felony offenses. Burglary can include any of the crimes listed below.

According to Tex. Penal Code § 30.02, a person commits a burglary if, without the consent of the owner, he:

  • Enters a habitation or a building not then open to the public with the intent to commit a felony, theft or assault; or
  • Remains hidden or concealed in a building or habitation with the intent to commit a felony, theft or assault in the building or habitation; or
  • Enters a habitation or building and commits or attempts to commit a felony, theft or assault.
  • For purposes of this section, “enter” means to intrude: any part of the body or any physical object connected to the body.

According to Tex. Penal Code § 30.03, a person commits a burglary of a coin-operated or coin collection machine if, without the consent of the owner, he breaks into or enters any coin-operated machine, coin collection machine or other coin-operated or coin collection equipment with the intent to obtain property or services.

According to Tex. Penal Code § 30.04, a person commits burglary of a vehicle if, without the consent of the owner, he breaks into or enters any vehicle, including a motor vehicle or a rail car (including a container or trailer carried on it), with the intent to commit a felony or theft.

Punishment for Burglary Crimes in Waller County

Chapter 12 of the Texas Penal Code lists the penalties for misdemeanor and felony burglary offenses. These penalties vary based on the burglary offense and the degree of the burglary. A burglary conviction carries the following punishment:

If the burglary was committed in any building other than a habitation, criminal charges can result in a state jail felony conviction, which carries a punishment ranging from 180 days to two years confinement in a state jail and/or a fine up to $10,000.

If the burglary was committed in a habitation, criminal charges can result in a second degree felony conviction, which carries a punishment ranging from two to 20 years in prison and/or a fine up to $10,000.

If the burglary was committed in a habitation and the offender entered the habitation with the intent to commit, committed or attempted to commit any other felony besides felony theft, criminal charges can result in a first degree felony conviction, which carries a punishment ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.

If the burglary was of a coin-operated or coin collection machine, criminal charges can result in a class A misdemeanor conviction, which carries a punishment ranging up to one year in jail and/or a fine up to $4,000.

If the burglary was of a vehicle, criminal charges can result in a class A misdemeanor conviction, which carries a punishment ranging up to one year in jail and/or a fine up to $4,000. If the offender has previously been convicted of another burglary of a vehicle offense, criminal charges can result in a class A misdemeanor conviction with punishment ranging from a minimum term of six months to one year in jail and/or a fine up to $4,000.

If the offender has previously been convicted of two or more burglary of a vehicle offenses or the vehicle broken into was a rail car, criminal charges for burglary of a vehicle can result in a state jail felony conviction, which carries a punishment ranging from 180 days to two years confinement in a state jail and/or a fine up to $10,000.

James Sullivan and Associates | Waller County Burglary Attorneys

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

James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America. Sullivan was also recognized as a Top 100 Trial Lawyer by The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout southeast Texas.

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

Waller County Murder / Manslaughter Charge Defense

Monday, April 11th, 2016

Homicide Defense Lawyer in Hempstead, Texas

Murder | Manslaughter | Negligent Homicide

James (Jim) Sullivan is an experienced Waller 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 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.

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 Waller County 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 Hempstead criminal defense lawyer, contact Attorney James Sullivan at 281-546-6428.

Waller County Sexual Assault Lawyer | Hempstead Sex Crimes Attorney James Sullivan Fights for his Clients

Monday, April 11th, 2016

Waller County Sexual Assault of a Child Lawyers

Hempstead, Texas 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 Waller County Sexual Assault Defense Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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 Waller 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 Waller County Criminal Defense Attorneys with over 45 combined years of defense experience.  Call James Sullivan and Associates today at (281) 546-6428 for a free confidential consultation.

Waller County Sex Crimes Lawyer James Sullivan Wins Cases at the Grand Jury Level

Why Fight a Felony Case at the Grand Jury Level?

Hempstead 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 Harris County as detailed below.  When a case is No Billed by the Grand Jury, the accused may have the right to immediately seek an expunction of his criminal record.  Because prosecutors generally seek to present the case to the Grand Jury early on in  a case, 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 Houston sexual assault defense attorney.

James Sullivan and Associates | Hempstead Texas Sex Crimes Defense Attorney

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 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.

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

CRIMINAL OFFENSE RESULT CASE #
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18) 1332791
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) 1283460
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) 1264919
SEXUAL ASSAULT OF A CHILD (2° Felony) DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative) 1220515
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) 1231727

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

Waller County Juvenile Sex Crimes Defense Lawyer James Sullivan Fights for his Clients

Sunday, April 10th, 2016

Hempstead, Texas Juvenile and Criminal Sex Crimes DefenseNTL-top-100-member

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

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

If your child was arrested, contact Waller County Juvenile Attorney James Sullivan at (281) 546-6428 for a confidential consultation.  Sullivan is recognized statewide as an expert in juvenile law and is an experienced trial lawyer. Sullivan has obtained good results for both juveniles and adults accused of sex offenses in the Greater Houston area.

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.

DIGNITY, EMPATHY AND COMPASSION

TBLS-Logo-tag-RWaller County Juvenile Sex Offense Lawyer James Sullivan is Board Certified in Juvenile Law.  Juvenile Law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law and in private practice in the state of Texas.

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

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

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

RECENT CASE RESULTS – CRIMINAL AND JUVENILE SEX OFFENSES

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

POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:

DISCRETIONARY TRANSFER TO CRIMINAL COURT

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

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

DETERMINATE SENTENCE

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

INDETERMINATE SENTENCE

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

SEX OFFENDER REGISTRATION

The Judge can also order the juvenile to register as a sex offender until age 28. The defense attorney may be able to persuade the State to agree to defer registration, i.e. the Judge will make the decision regarding sex offender registration after the juvenile completes his or her sex offender counseling.  James Sullivan has defended over 100 juvenile sex offenders and not even one of his clients has had to register.

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

WARNING TO PARENTS ABOUT SMART PHONES

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

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

CASE EXAMPLES

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

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

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

Aggravated Robbery | Waller County Criminal Lawyers

Sunday, April 10th, 2016

Hempstead, Texas Aggravated Robbery Lawyer

Waller County Robbery Defense Attorney

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

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

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

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

Waller County Aggravated Robbery Lawyer

Fighting for Your Rights, Freedom and Future

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

At the Law Office of James Sullivan & Associates, we know what is at risk when our clients face aggravated robbery charges. Our job is to fight for your rights, freedom and future. Attorney James Sullivan has been fighting felony and misdemeanor charges at trial since 1994, and we will use our extensive experience to get you the best possible result.

James Sullivan 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 initial consultation at (281) 546-6428 about your robbery 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.

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

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

Injury to a Child | Waller County Child Abuse Defense Lawyers

Sunday, April 10th, 2016

Waller 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.

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

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.

Hempstead, Texas Child Abuse Lawyer

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

What is Child Abuse in Waller 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 Waller 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.

Hempstead 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).

Hempstead 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 | Hempstead Child Neglect Attorney

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 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 Houston family crimes 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.

CRIMINAL OFFENSERESULTCASE #
ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against her 9 year old daughter and was accused of abusing her)1522880
ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case (3° Felony)NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)1459744
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew)1446872
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)CASE NOT YET FILED
INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTYNO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him. She accidentally slapped him on his side when he was resisting the hand spanking)CASE NOT YET FILED
INJURY TO A CHILD (1° Felony)NO BILLED BY GRAND JURY (Client accused of breaking his infant son’s leg and 3 ribs. The hospital ER physician did not consider other medical disorders as a cause)1340646