Violent Crime Defense
Crimes of violence in Houston are taken very seriously by law enforcement and the district attorney’s office. If you are convicted of a crime of violence, you could have lengthy punishment and serious consequences. These blowbacks from a violent crime conviction can include possible jail or prison time, high fines, permanent criminal record, inability to own or possess a firearm, and ineligibility to work in certain professions or occupations.
If you or a loved one has been charged with a violent crime, it is important to hire experienced legal counsel to avoid having a criminal conviction on your record. The prosecutor has the burden to prove beyond a reasonable doubt that you committed every element of the property offense. If, during trial, your attorney is able to raise a reasonable doubt in the minds of the jury, you would be found not guilty. If there is evidence that you committed the crime, your attorney may still be able to persuade the prosecutor to reduce the charge or agree to a pathway to having the case dismissed.
Therefore, it is critical to hire an experienced criminal defense attorney in Houston who will work hard to help you obtain the best outcome for your case.
Houston Violent Crimes Lawyer
If you have been accused of committing a violent crime offense in Houston, Atascocita, Baytown, Bellaire, Clear Lake, Channelview, Conroe, Cypress, Deer Park, Friendswood, Galena Park, Humble, Jersey Village, Katy, La Porte, League City, Missouri City, Pasadena, Pearland, Richmond, South Houston, Spring, Sugar Land, Texas City, Tomball, Webster, The Woodlands, and other communities in Harris County, Fort Bend County, and Montgomery County, contact James G. Sullivan and Associates.
Attorney James Sullivan is very knowledgeable in all of Texas’ violent crime laws and is experienced in defending people accused of breaking violent crime laws, including family violence. He will work hard to fight the allegations against you. Call James G. Sullivan and Associates for a free initial consultation at (281) 546-6428 about your violent crime charges.
Crimes of Violence in Harris County
A person can be charged with a crime of violence in Houston if they commit any of the following offenses:
According to Texas Penal Code Sec. 22.01, a person can be charged with assault if he:
- Intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
- Intentionally or knowingly threatens to cause bodily injury to another, including the person’s spouse; of
- Intentionally or knowingly causes physical contact with another person in a manner he knows or should reasonably believe the person will regard as offensive or provocative.
A conviction for assault can result in a Class C, B or A misdemeanor, or felony of the third degree or second degree.
According to Texas Penal Code Sec. 22.02, a person can be charged with aggravated assault if he commits an assault and causes serious bodily injury to another person or commits the assault with a deadly weapon. Aggravated assault is also referred to as assault with a deadly weapon. A conviction for aggravated assault is generally punishable as a felony of the second or first degree.
According to Texas Penal Code Sec. 1.07(a)(46), “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.
According to Texas Penal Code Sec. 20.02, a person can be charged with unlawful restraint if he intentionally or knowingly restrains another person against their will. Depending on the circumstances, a conviction for this offense can result in a Class A misdemeanor, state jail felony or felony of the third degree.
According to Texas Penal Code Sec. 20.03, a person can be charged with kidnapping if he intentionally or knowingly abducts another person against their will. A conviction for this offense can result in a felony of the third degree.
According to Texas Penal Code Sec. 22.05, a person can be charged with deadly conduct if he:
- recklessly engages in conduct that places another in imminent danger of serious bodily injury, or
- knowingly discharges a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle.
A conviction for deadly conduct can result in a Class A misdemeanor or felony of the third degree.
According to Texas Penal Code Sec. 19.02, a person can be charged with murder if he:
- intentionally or knowingly causes the death of another person;
- causes the death of another person, but only intended to cause that person serious bodily injury; or
- causes the death of another person during the commission of a felony offense or attempts to commit a felony offense. This offense is also referred to as felony murder.
A conviction for this offense is usually punishable as a felony of the first degree. It could be punishable as a felony of the second degree if, at the punishment stage of a trial, the defense raises and proves that the accused caused the death under the immediate influence of sudden passion arising from an adequate cause.
According to Texas Penal Code Sec. 19.04, a person can be charged with manslaughter if he recklessly causes the death of another person. A conviction for this offense is punishable as a felony of the second degree.
According to Texas Penal Code Sec. 19.05, a person can be charged with criminally negligent homicide if he causes the death of an individual through criminal negligence. A conviction for this offense is usually punishable as a state jail felony, but can be enhanced to a felony of the third degree if a deadly weapon (such as a vehicle) was used.
Definition of Mental States in Texas
Most violent crimes in Houston generally require the alleged offender to have some element of intent or knowledge they were committing the offense. In order to convict the alleged offender at trial, the prosecutor must prove beyond a reasonable doubt the alleged offender had the intent to commit the crime, knowledge they were committing the offense, acted recklessly when committing the crime, or acted with criminal negligence. These elements are subjective and may be difficult for the prosecutor to prove, as they are not established by hard evidence and are different for every person.
According to Texas Penal Code Sec. 6.03, these mental states defined as follows:
Intentionally – A person acts intentionally, or with intent, if he commits a crime and he has the conscious objective or desire to engage in the conduct or cause the result of the conduct.
Knowingly – A person acts knowingly, or with knowledge, if he commits a crime and is aware his conduct is reasonably certain to cause the result of their conduct.
Recklessly – A person acts recklessly, or is reckless, when he commits a crime if he is aware of the risk surrounding his conduct or the results thereof, but consciously disregards the risk the result will occur.
Negligence – A person acts with criminal negligence when he commits a crime if he ought to be aware of the risk surrounding his conduct or the results thereof. Note: criminal negligence is not the same as simple negligence used in the civil court system; criminal negligence is commonly referred to as gross negligence.
Houston Violent Crime Punishment
Chapter 12 of the Texas Penal Code lists the punishment for violent crimes. However, the punishment range an offender faces depends on the severity of the offense, whether a deadly weapon was used in the commission of the offense, whether serious bodily injury or death resulted from the offense, whether the alleged offender has any previous criminal conviction, and whether the victim was an elderly or disabled person. The general punishment for most violent crimes are listed below.
A conviction for a Class C misdemeanor property crime is punishable by a fine up to $500.
A conviction for a Class B misdemeanor property crime is punishable by a jail sentence up to 180 days and or a fine up to $2,000.
A conviction for a Class A violent crime is punishable by a jail sentence up to one year and or a fine up to $4,000.
A conviction for a state jail felony violent crime is punishable by a jail sentence ranging from 180 days to two years and a fine up to $10,000.
A conviction for a felony of the third degree violent crime is punishable by a prison sentence ranging from two to ten years and a fine up to $10,000.
A conviction for a felony of the second degree violent crime is punishable by a prison sentence ranging from two to 20 years and a fine up to $10,000.
A conviction for a felony of the first degree violent crime is punishable by a prison sentence ranging from five to 99 years or life imprisonment and a fine up to $10,000.
Defenses to Houston Violent Crimes
Chapter 9 of the Texas Penal Code lists the defenses in Texas that may be available to people charged with violent crimes in Houston, however these defense do not apply to every case. To determine whether any defense applies in your specific situation, it is important to consult with an experienced criminal defense attorney.
Defense of Third Person – This defense may be available in a situation where the alleged offender used reasonable force against another person to defend a third party, or where they thought the other person was going to seriously injure the third person.
Defense of Property – An alleged offender may be able to claim this defense if they used reasonable force, including deadly force, to prevent the other person from entering their home, vehicle or place of business or employment, or to prevent another person from fleeing with their property.
Justification – It is a defense to prosecution that the conduct in question is justified under this chapter.
Lack of Mental State – A person may not have had the required mental state, or did not act intentionally, knowingly, or recklessly when allegedly committing the violent crime.
Self-Defense – Self-defense may apply in situations where the alleged offender used necessary force to protect himself from another person’s attack, or if they thought another person was going to cause them serious bodily injury or death.
Threats as Justifiable Force – The threat of force is justified when the use of force is justified by this chapter. A threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
James G. Sullivan and Associates | Houston Violent Crime Attorney
Contact James G. Sullivan today at (281) 546-6428 for a free initial consultation about your alleged violent crime in Harris County or Fort Bend County, Texas. James Sullivan is an experienced Harris County violent crime attorney who gets proven results.
Since 1994, Houston Criminal Lawyer James Sullivan has won violent crime cases at trial, worked to get felony violent crime cases no billed (dismissed) by the grand jury, and persuaded the DA’s office to dismiss many more. The graph below lists just the most recent violent crime cases. Certainly, each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results. Note that these are only examples of the many cases Sullivan has handled since 2017.
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