Houston Assault with a Deadly Weapon Lawyer
Houston Aggravated Assault Lawyer for 25 years
Assault with a deadly weapon is a serious felony offense in Houston. A conviction for assault with a deadly weapon can result in severe penalties, including lengthy jail or prison time and a large fine. Such a conviction can also badly impact your future, such as by removing many educational, employment, housing and public assistance opportunities.
It is important to hire an experienced Houston assault with a deadly weapon lawyer because criminal charges 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 to the felony assault 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 important to contact an experienced criminal attorney in Houston who will fight for you.
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 1,150 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 Texas.
If you have been charged with the criminal offense of assault with a deadly weapon in Harris county, or any of the surrounding counties in southeast Texas, including Montgomery, Waller, Fort Bend, or Brazoria, contact James G. Sullivan and Associates for a free consultation at (281) 546-6428. Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.
Assault with a Deadly Weapon in Harris County
According to section 22.02 of the Texas Penal Code, an individual can be charged with assault with a deadly weapon if they use or exhibit a deadly weapon during the commission of an assault offense. In Texas, assault with a deadly weapon is also known as an aggravated assault.
As defined in Tex. Penal Code § 22.01, an individual can commit assault in Texas if they intentionally or knowingly cause or threaten to cause bodily injury to another person, or cause offensive physical contact to another person.
What is a Deadly Weapon in Texas?
According to case law, three things can qualify as deadly weapon:
- firearms;
- anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
- anything else that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Examples of Deadly Weapons
There are not many deadly weapons listed as such per se. According to Section 46.01 of the Texas Penal Code, deadly weapons commonly used during the commission of aggravated assault offenses can include any of the following:
- Clubs
- Explosive weapons,
- Firearm,
- Handgun,
- Illegal Knife (such as a knife with a blade over five and one-half inches; a hand instrument designed to cut or stab another by being thrown; a dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear.)
- Knife,
- Knuckles,
- Machine gun,
- Short-barrel firearm,
- Switchblade knife
- Chemical dispensing device, and
- Zip gun.
Deadly by Manner and Means of Use
Furthermore, according to case law, there is an extensive list of things that can be proven to be deadly by the way the accused used them during the commission of the aggravated assault offense, including:
- HIV
- Hammer
- Pipe
- Fire
- Hand
- Foot
- Coke bottle
- Leg of a bar stool
- Ax handle
- Motor vehicle
- Shank
- Screwdriver
- BB gun
- Wooden stick
- Dustpan
- Gasoline
- Dumpster in which a baby is discarded
Punishment for Assault with a Deadly Weapon in Houston
Chapter 12 of the Texas Penal Code lists the felony punishment for assault with a deadly weapon in Houston. Assault with a deadly weapon is usually charged as aggravated assault, 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.
However, assault with a deadly weapon can be charged as a first degree felony if the assault was committed against:
- a family member or significant other and causes that person serious bodily injury;
- a public servant while the public servant was discharging an official duty;
- a security officer while the officer is performing a duty as a security officer; or
- in retaliation against a witness, prospective witness, informant, or person who has reported the occurrence of a crime.
A conviction for a first degree felony is punishable by a prison sentence ranging from five to 99 years or life in prison and a fine up to $10,000.
Criminal charges for assault with a deadly weapon can also result in a first degree felony conviction if the accused is:
- in a motor vehicle,
- knowingly discharges a firearm at or in the direction of a habitation, building or vehicle,
- is reckless as to whether the habitation, building or vehicle is occupied,
- and causes serious bodily injury to any person.
The punishment for this offense is also a prison sentence ranging from five to 99 years or life in prison and a fine up to $10,000.
Defenses to Assault with a Deadly Weapon in Houston
Occasionally, and in certain circumstances, there may be legal defenses available to assault with a deadly weapon charges. It is important to discuss with an experienced Houston criminal defense attorney the elements of your criminal charges as that attorney can evaluate your case and advise you as to any appropriate defense.
- Self-Defense. According to Section 9.31 of the Texas Penal Code, a person is permitted to use force, and sometimes deadly force, against the immediate threat of injury or bodily harm.
- Lack of a Deadly Weapon. If your criminal defense attorney can show that a deadly weapon was not present, used or exhibited during the commission of the assault offense, the state prosecutor may reduce or dismiss the assault with a deadly weapon charges against you.
- Lack of Intent. Intent is a required culpable mental state to all assault offenses. If your criminal defense lawyer can demonstrate that you did not have the requisite intent to commit assault, the state prosecutor may reduce or dismiss the assault with a deadly weapon charges against you.
Grand Jury Defense for Assault with a Deadly Weapon Charges
If you are accused of assault with a deadly weapon, 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 over 50 felony cases at the grand jury level in just the past few years. When a case is dismissed (no billed) by the grand jury, the accused has 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.
James G. Sullivan and Associates | Houston Assault with a Deadly Weapon Attorney
Contact James G. Sullivan and Associates at (281) 546-6428 for a free initial consultation about your assault with a deadly weapon charges in Harris county, Montgomery county, Waller county, Fort Bend county, and Brazoria county. Attorney James Sullivan is an experienced Houston violent crime attorney who will fight for your rights, freedom and future.
Client Reviews on Assault with a Deadly Weapon Cases
Thanks Mr. Sullivan for getting my son’s aggravated assault charge dismissed by the grand jury in Montgomery County
On March 4, 2016, my son was arrested and charged with aggravated assault in Montgomery County. Around 1am that night 5 men came to my son’s apartment in 2 different vehicles, one stolen along with guns, ski masks and gloves. My son heard them outside and looked from the balcony and saw one of them attempting to steal his car. Afraid and uncertain he grabbed his gun and yelled “get the hell away from my car!” The other 4 guys were heading to his apartment so my son fired 3-4 warning shots with the intention to scare them away. Unfortunately he struck one of them in the chest and they took off.
Not realizing at the time that one of them was hit he went back into the apartment. A couple hours later my son’s apartment was surrounded by state police and detectives. After receiving a phone call from the officers telling him what he had done he was left to surrender, but before he surrendered and afraid to go outside he dismembered the gun because he didn’t want the officers to think he was armed and dangerous.
Four days later we hired criminal defense lawyer James Sullivan to defend my son. That same day James visited my son in the jail and began to investigate his case. My son’s bond was $100,000 and he was a first time offender with a good history and awesome background, however he had gotten into a situation and we needed the best lawyer with a lot of experience and knowledge regarding criminal matters.
James Sullivan asked the prosecutor to hold the case from the grand jury so he could prepare a defense and also fought to get his bond lowered. After 3 court and bond hearings, James got the bond lowered from $100,000 all the way down to $15,000 and then we got him out. James then worked meticulously with my son, prepared and turned in a defense packet. A month later the grand jury dismissed my son’s aggravated assault, however the prosecutor pushed for and got an indictment for tampering with evidence. The next day James went to court and fought to get a low bond on the new case of only $1,500 so that my son would not go back to jail.
We were thrilled to get the aggravated assault charge dismissed because it was the most serious but fully expected him to have to plead to the new charge. However at the next court hearing James Sullivan refused to settle and persuaded the prosecutor to do the right thing and dismiss the tampering charge as well. James knew that my son was not only a first time offender but also a hard working young man that was afraid for his life and simply defended himself and his property at nighttime. After an almost 6 month ordeal, my son got his life back. I have never personally met Mr. Sullivan. I live several states away, but he handled these cases as if I was a resident in Texas. I am so pleased with his good work that not only would I highly recommend him to others but I will definitely keep him around. Hopefully we will never need his services again but if we do James Sullivan is definitely the man that you can count on to help you and defend you properly.—Avvo review posted by a client’s mother on August 25, 2016
Highest Recommendation
I issue my highest recommendation to Attorney Jim Sullivan, who proved to be an honest, hard-working professional that thoroughly defended my ex-husband and friend, Johnny, when he found himself in bleak circumstances. Johnny was charged with aggravated assault nine days after he shot a man in self-defense when the man broke into his home.
On March 16, 2016, Johnny visited me, and told me that he was very concerned that a former friend and neighbor he had allowed to stay at his house for a few days was acting erratic and hostile, and that household items were missing. He said he only allowed Kyle to stay at his house to keep him from being arrested following a family argument. Due to his concerns, Johnny said that morning he repeatedly asked Kyle to leave, then told him to leave by 5:00 pm, but Kyle was still there when Johnny went home after work. I suggested he tell the man to leave one more time, and then to call the police if he refused to go.
Around 10:00 p.m. that night Johnny dialed the police after Kyle verbally threatened him and again refused to leave. Once the police were called, Kyle did exit the house, and Johnny locked all the doors. Witnesses outside the house verified that Kyle returned minutes later, beat on the front door, yelled threats, and then entered the house through the garage and then doggie door. Kyle had apparently disabled the garage door lock. Johnny, 53, was disabled from a duty-related accident that left one leg slightly crooked and held together with titanium rods. In addition, a motorcycle accident the previous year left him unable to form a complete fist on his writing hand and he had a titanium elbow. The bottom line was that Johnny could not run and he could not defend himself. Therefore, in self-defense, he shot Kyle in the upper chest when he got within a foot of him, fists up and yelling. Police came, Kyle was taken for treatment, and initially Kyle told the police that he was at fault and did not want to press charges.
However, nine days later Kyle pressed charges and my friend, who was a former Air Force K-9 Security Officer and a member of the Patriot Guard, was arrested. After Johnny posted a bond, he missed his first court date because he wasn’t notified of it. He then contacted Mr. Sullivan, who took his case even though he could not pay him right away and managed to get his bond re-instated. Sadly, the day before the new court date Johnny was on his way to get a loan on his motorcycle to pay the attorney when he was involved in another motorcycle accident. Mr. Sullivan kept working on Johnny’s case even though Johnny was hospitalized for 23 days and consequently lost his job.
Johnny remarked on how much time and effort Mr. Sullivan took to gather witness statements and to write a persuasive defense packet for the grand jury. He visited Johnny multiple times at the hospital and at his home, and took photographs of the house to give the grand jury a clear idea of how events unfolded. He gave Johnny hope that things would get better. As a direct result of Mr. Sullivan’s efforts, Johnny’s aggravated assault case was no billed.
Although his health worsened and Johnny passed away a few weeks ago, he was vindicated in defending himself in his own home. Johnny died at home in his own bed, a free man.
I fully recommend Mr. Sullivan as a fair, thorough attorney for anyone who finds themselves in a difficult situation, and needs help and hope. Thank you Jim for helping my friend.
Melody–Avvo review posted by Melody on October 3, 2016
Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.
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