Houston Family Violence Lawyer
Houston domestic assault lawyer James Sullivan represents men accused of the serious felony of Assault of a Family or household Member by Impeding Breathing (choking or strangulation). Sullivan has persuaded the grand jury to no bill (dismiss) such charges by way of defense packets. James Sullivan has also prepared and set such cases for jury trial which the prosecutor then either chose to dismiss on the trial setting or offered to reduce the case from a felony to a misdemeanor.
Many believe that police officers sometimes suggest to an alleged victim that she was choked in order to make a felony arrest. Such a victim who is already mad at her husband or boyfriend may go along with the suggestion, not realizing the seriousness of the allegation. It seems odd that in many cases the only so-called objective evidence in the police report suggestive of choking is the officer’s observation of “redness” on the person’s neck. Even more so is that frequently no photos were taken of this “redness” and the victim refused medical treatment.
According to a Houston Chronicle blog post by reporter Erin Mulvaney entitled “Harris County prosecutors see increase in choking charges”, the number of felony cases filed for Assault Family Member by Impeding Breathing has increased by 40 percent in the first 6 months of 2012 over the same time period as last year.
Harris County prosecutors have seen an uptick in recent weeks in the number of felony charges against those who choke victims during an attacks, several years after state lawmakers passed a law to stiffen penalties for the offense…
In September of 2009, penalties for assaulting a family member by choking or impeding breathing became more severe, raising the offense level to a third degree felony. In the first six months of this year, there have been approximately 40 percent more cases filed under this statute than in the same time period last year, said Donna Hawkins a spokeswoman for the Harris County District Attorney’s office.
“As people become more aware of the dangers of cutting off a person’s air supply, it is more likely that victims will report this offense, police will arrest defendants, and prosecutors will file these charges,” Hawkins said…
In 2009, a bill sponsored by Rep. Pete Gallego, D-Alpine, became law. It made a choking an assault a third-degree felony if it included strangulation or suffocation against someone the suspect had been dating or someone in the suspect’s family and a second-degree felony for a second offense.
Proponents of the bill argued that strangling in domestic violence cases was not taken being taken seriously or punished harshly enough. The offense previously was charged as a form of assault, which can be a Class A misdemeanor and does not require a minimum jail time.
Assault by Impeding Breathing (choking) in Houston
According to section 22.01(b)(2)(B) of the Texas Penal Code, an individual can be charged with assault of a family member by impeding breathing if they were–
intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth
The law of assault by impeding breathing applies to a person whose relationship to or association with the accused is described as
- “dating relationship”, a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. Texas Family Code §71.0021(b).
- “family”, individuals related by consanguinity or affinity (see §573.022 and 573.024, Texas Government Code), individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
- “household”, a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Punishment for Assault by Impeding Breathing (strangulation) in Houston
Chapter 12 of the Texas Penal Code lists the felony punishment for assault by impeding breathing in Houston.
Assault by impeding breathing is usually 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.
Grand Jury Defense for Assault by Impeding Breathing Charges
If you are accused of assault by impeding breathing, you should contact an experienced criminal defense attorney right away because he may be able to win your case at the grand jury. Once your felony case has been indicted by the grand jury, this option is no longer available. Attorney James Sullivan has fought and won many felony cases at the grand jury level over his 25 years of legal practice, including seven assault by impeding breathing cases as well as over 45 other felony cases just since November 2008. When a case is dismissed (no billed) by the grand jury, the accused may have the immediate right to seek an expunction of the felony charge from their record. Sullivan has been able to do this for many of his clients accused of felony offenses. One of his many client reviews on AVVO:
Very Strategic Attorney for a Criminal Case
First and foremost, few people ever have to deal with the criminal circumstances in life. Life is uncertain, and unexpected things happen. But if you have attorney like James Sullivan on your side, your anxiety should either lessen or stop all together.
My life shattered into pieces when my wife called the police on me for a small argument. When the police arrived at the house, she falsely accused me of choking her and beating her. I was taken to jail. After I posted bond, the first thing I had to do was to find the” best of the best” attorney in Houston. After careful reviews, I found Mr. Sullivan to be an excellent Attorney choice for my case.
What makes Mr. James (Jim) Sullivan the best –of the best?I contacted him directly to his personal cellphone. He scheduled me a time slot. Even after the schedule, he was very willing to listen to my side of the story. We spent about 30min discussing the case. When I reached his office the same day for a sit down, he was able to share a lot of his personal detail, which was very nice of him to describe himself and also get to know me better. From our hour long conversation, I came out very confident of my case.
He is a very strategic guy. He suggested various strategies to tackle my case. I followed all his recommendations and he was always there to listen to me. He was available at any time of the day through text, email, and cellphone.
On my case, I was initially assigned a court appointed attorney. After discussing my case with Mr. Sullivan, he took over the case on 23rd of January. With all our team work and his creative mind, he was able to get the case dismissed by the Grand Jury on 23rd of February (one month exactly – Case Dismissed – Outstanding Job – Very Impressive). I am very pleased with Mr. Sullivan’s Work ethics, communication, strategies, and personal skills.
Again, I would like to thank Mr. Sullivan for his help in making my life normal again!!
And out there, whoever is lost deciding an Attorney to choose from a crowd, Pick Mr. Sullivan, and I assure you that he will do his best to give you, your outstanding results.–Posted by Raj Nepal on February 24, 2017
Contact a Harris County Family Violence Lawyer
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.
James Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 1150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout southeast Texas.
Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your Assault by Impeding Breathing charges in Harris County, Montgomery County, Fort Bend County, Brazoria County , Waller County, and throughout southeast Texas.
Harris County criminal lawyer James Sullivan has successfully represented a number of men falsely accused of the serious felony of assault of a family or household member by impeding breathing (strangulation). Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.
[table id=26 /]
