Showing posts with label James Sullivan. Show all posts
Showing posts with label James Sullivan. Show all posts

Fort Bend County Child Abuse Lawyer | Sugar Land Child Neglect Attorney

Fort Bend County Child Abuse

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.

Arrested? Call Fort Bend County Criminal Lawyer James Sullivan at (281) 546-6428 to discuss your situation.

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.

Sugar Land Child Abuse Lawyer

Contact James Sullivan & Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect in Harris County (Houston), Fort Bend County (Richmond), or Waller County (Hempstead).

What is Child Abuse in Fort Bend County?

Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:
  • Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;
  • Allowing a child to be in a situation where the child receives mental or emotional injury;
  • Physical injury or threat of substantial harm to the child;
  • Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;
  • Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
  • Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;
  • Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;
  • Causing, allowing or encouraging a child to use a controlled substance; and/or
  • Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).
What is Child Neglect in Fort Bend County?

Neglect is defined by TFC §261.001(4) as:
  • Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
  • Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;
  • The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or
  • The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.
Sugar Land 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).

Sugar Land 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 | Sugar Land Child Neglect Attorney

Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your allegations of child abuse or child neglect.  James Sullivan is an experienced Sugar Land family crimes lawyer who will work hard to get you the best result for your particular situation. 

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS
Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Criminal Attorney James Sullivan Because the Truth Matters

Houston Criminal Defense Attorneys You Can Trust

Houston Criminal Lawyers James Sullivan and Associates will always tell you the truth. They are attorneys you can trust. Other attorneys may promise you the sun, the moon and the stars; but, will they tell you the truth?
  • Truth matters.
  • Integrity matters.
  • You matter.
Men and women frequently call the lawyers at James Sullivan and Associates because they do not trust their lawyers. They say that their lawyers do not give straight answers to simple questions. They do not explain the law. They do not return telephone calls. They promise results that they do not deliver.

Some lawyers even guarantee results. The law is clear: it is unethical for a criminal lawyer to guarantee a result. If a criminal lawyer makes such a guarantee, ask him or her to put it in writing.

Houston Criminal Lawyer James Sullivan will tell you the truth about your case. Sullivan is an Eagle Scout, a graduate of Baylor University and a parishioner at a local Catholic church.

If you want a Harris County Criminal Defense Attorney you can trust, call James Sullivan and Associates  at (281) 546-6428 for a free consultation and case evaluation.

Three things cannot be long hidden: the sun, the moon, and the truth. ~Siddharta Gautama Buddha, Founder of Buddhism, c. 6th-4th century B.C.
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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS
Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Accused of Solicitation of Prostitution in Harris County? Call Houston Criminal Lawyer James Sullivan

Prostitution / Solicitation

In Houston, allegations of prostitution or solicitation often stem from intricate sting operations conducted by law enforcement. These operations target adult entertainment clubs, massage parlors, escort services and other adult establishments. In addition, law enforcement frequently operate reverse sting operations by having an undercover police officer pose as a street walker or call girl. Prostitution or solicitation charges can result in serious penalties and consequences, including public embarrassment, jail or prison sentences, a criminal record and/or hefty fines.

Keep in mind that before you can be convicted of this crime of moral turpitude the state prosecutor must prove to a judge or jury every element of your alleged prostitution or solicitation offense beyond a reasonable doubt. Against an experienced defense attorney, it can be very hard for a prosecutor to meet this burden of proof at trial, and if the judge or jury has any reasonable doubt you committed every element of the offense, you could be found not guilty or the prosecutor could dismiss or reduce the charges prior to trial. Therefore, it is crucial to retain an experienced criminal defense attorney who can craft the best possible defense strategy for your case.

Houston Prostitution Defense Lawyer

If you have been charged with the criminal offense of prostitution or solicitation in Harris county (Houston), or any of the surrounding counties in Texas, including Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Fort Bend (Richmond), Brazoria (Angleton), Galveston (City of Galveston) or Washington (Brenham), contact James G. Sullivan and Associates for a free consultation at (281) 546-6428.  Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

James Sullivan graduated from the Trial Lawyers College founded by Legendary lawyer Gerry Spence. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Houston Prostitution Offenses

Prostitution – According to Texas Penal Code § 43.02, a person commits this offense if he knowingly:
1) Offers to engage in, agrees to engage in or engages in sexual conduct for a fee; or
2) Solicits another person in a public place to engage in sexual conduct for hire.

Promotion of Prostitution – According to Texas Penal Code § 43.03, a person commits this offense if he knowingly:
1) Receive money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
2) Solicits another to engage in sexual conduct with another person for compensation.

Aggravated Promotion of Prostitution – According to Texas Penal Code § 43.04, a person commits this offense if he knowingly owns, invests in, controls, supervises or manages a prostitution enterprise that uses two or more prostitutes.

Compelling Prostitution – According to Texas Penal Code § 43.05, a person commits this offense if he knowingly:
1) Causes another by force, threat or fraud to commit prostitution; or
2) Causes by any means a child younger than 18 years to commit prostitution, regardless of whether that person knows the age of the child at the time of the offense.

Prostitution Penalties in Houston


Chapter 12 of the Texas Penal Code defines the penalties for prostitution and solicitation offenses. These penalties can vary depending on the age of the individual involved in the offense, the type of offense and whether or not the accused has any prior convictions. In Texas, the possible punishments for prostitution and solicitation offenses are:
  • A person charged with compelling prostitution of a child under the age of 18 can face a conviction for a felony of the first degree, which is usually punishable by a prison sentence ranging from five years to 99 years or life imprisonment and/or a fine up to $10,000.
  • A person charged with any other compelling prostitution offense or solicitation of a child under the age of 14 can face a conviction for a felony of the second degree, which is usually punishable by two years to 20 years in prison and/or a fine up to $10,000.
  • A person charged with aggravated promotion of prostitution or solicitation of a person between the ages of 14 and 17 can face a conviction for a felony of the third degree, which is usually punishable by two years to 10 years in prison and/or a fine up to $10,000.
  • A person charged with a fourth or subsequent conviction for a prostitution offense can face a conviction for a state jail felony, which is usually punishable by a fine up to $10,000 and/or a state jail sentence ranging from 180 days to two years.
  • A person charged with promotion of prostitution or a second or third prostitution offense can face a conviction for a Class A misdemeanor, which is usually punishable by jail sentence up to one year and/or a fine up to $4,000.
  • A person charged with a first prostitution offense can face a conviction for a Class B misdemeanor, which is usually punishable by jail sentence up to 180 days and/or a fine up to $2,000.

James G. Sullivan and Associates | Houston Solicitation Attorney


Contact James G. Sullivan and Associates at (281) 546-6428 for a free initial consultation about your prostitution or solicitation charges in counties throughout southeast Texas, including Harris, Montgomery, Waller, Liberty, Fort Bend, Brazoria, Galveston and Washington. Attorney James Sullivan is an experienced Houston sex crimes attorney who will fight for your rights, freedom and future.

Child Pornography Possession

Houston Possession of Child Pornography Lawyer

Child pornography is a very serious sex crime in Texas.
 A conviction for this felony sex offense carries with it a criminal record, the stigma of having to register as a sex offender for life and years in prison. The mere allegations alone of possessing, distributing or creating child pornography can severely and negatively impact family, work and social relationships and can lead to divorce, increased alcohol or drug use and thoughts of suicide. Before you are overburdened with stress and anxiety, contact an experienced Harris County child porn defense attorney today.

The criminal defense lawyers at James G. Sullivan and Associates work hard to defend the rights and protect the futures of their clients. They have the necessary knowledge and legal training to defend these challenging cases. 

Child Pornography, Computer Crimes and the Internet

Individuals suspected of possession or distribution of child pornography are generally located and tracked online by state and federal law enforcement officers. Then, usually after a brief period of surveillance, task forces move in to seize computers, smart phones and other hardware that could contain images and videos related to the offense.

If law enforcement seized your computer, contact knowledgeable legal counsel immediately. The criminal defense lawyers at James G. Sullivan and Associates will examine the search warrant or other procedures that law enforcement used and will also scrutinize any evidence that they took from your computer. As they are well versed in the law and proper procedures used in child porn cases, the attorneys are better able to spot issues with law enforcement procedures and to rebut the prosecution’s arguments.

The Defense Team that Will Fight for You

An experienced child porn defense team will include trial attorneys and experts who can challenge the government’s allegations and present evidence to back your innocence. James G. Sullivan and Associates will bring in psychologists, computer technicians and other experts to assist in strengthening your defense and rebut the charges against you. In addition to the experts, the experienced trial attorneys will work together to dissect the government’s case from all sides in order to be fully prepared to fight for you throughout all steps of the legal process, from preliminary appearance to jury trial. They have decades of legal experience fighting felony and misdemeanor cases at trial and get proven results.

Contact a Harris County Possession of Child Pornography Lawyer

If you have been charged with possession of child pornography or any other related sex offense, contact the experienced Harris County child porn defense attorneys at James G. Sullivan and Associates today. They will dedicate their time, talent and energy to defending your rights, freedom and future.

To discuss your case in confidence, call for a free consultation at (281) 546-6428.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS
Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.


Aggravated Assault | Harris County Assault Defense Lawyer James Sullivan



Aggravated Assault | Criminal and Juvenile Case Results

TEXAS CRIMINAL OFFENSE
ACTUAL RESULTS
CT #
Aggravated Assault (2° felony)
CASE DISMISSED (Client ran over drug dealer to save friend’s life.  The complainant suffered a broken hip. The case was re-filed as a Failure to Stop and Render Aid and then the new case was also later dismissed)
315th
Aggravated Assault Family Violence (2° felony)
CASE DISMISSED (Client was accused of threatening her mother with a steak knife)
315th
Aggravated Assault Family Violence (2° felony)
CASE DISMISSED BY GRAND JURY (Client was accused of intentionally trying to drive into and strike his girlfriend)
183rd
Aggravated Assault (2° felony)
CASE DISMISSED (Client was accused of threatening to stab classmate in the neck with a pair of sharp scissors)
314th
Aggravated Assault (2° felony)
REDUCED TO MISDEMEANOR ASSAULT – Case # 1317892
232nd
Aggravated Assault Family Violence (2° felony)
REDUCED TO MISDEMEANOR  ASSAULT
314th
Aggravated Assault (1° Felony enhanced based on prior penitentiary trips) (2 cases)
CLIENT SENTENCED TO 5 YEARS TDC ON JURY TRIAL SETTING AFTER FACING 5 YEARS TO LIFE IN PRISON (State’s best  offer was 10 years prior to trial)
174th
Aggravated Assault Family Violence (2° felony)
CLIENT RECEIVED DEFERRED ADJUDICATION PROBATION AFTER SENTENCING HEARING (Client with mental illness stabbed his girlfriend in the arm and upper back.  State only offered prison time)
174th
Aggravated Assault Family Violence (2° felony)
CASE DISMISSED BY GRAND JURY (Client accused of intentionally driving into and hitting the new girlfriend of her ex-boyfriend)
232nd
Aggravated Assault (2° felony)
REDUCED TO MISDEMEANOR ASSAULT – Case # 1303747
232nd
Aggravated Assault (2° felony)
CASE DISMISSED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar;  client claimed self-defense) 
232nd
Aggravated Assault (2° felony)
CASE REDUCED TO MISDEMEANOR ASSAULT AFTER IT WAS SET FOR JURY TRIAL 
178th
Aggravated Assault Against a Public Servant (1° Felony)
CASE DISMISSED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him) 
263rd  
Aggravated Assault (2° felony)
NOT GUILTY VERDICT BY JURY (Client believed he was about to be robbed by 2 men outside a bar; client claimed self-defense) – Case Expunged
232nd
Aggravated Assault (2° felony)
REDUCED TO MISDEMEANOR DEADLY CONDUCT – 
338th
Aggravated Assault (Felony Habitual)
CASE DISMISSED AFTER CLIENT FACED 25 YEARS TO LIFE IN PRISON 
338th
Aggravated Assault (2° felony)
REDUCED TO MISDEMEANOR DEADLY CONDUCT – 
174th
Motion to Adjudicate Guilt (Aggravated Assault)(2° Felony)
MOTION TO ADJUDICATE DISMISSED AND  CLIENT RE-INSTATED ON PROBATION 
174th
Aggravated Assault (2° felony)
CASE DISMISSED BY GRAND JURY (Client accused of hitting other woman in head with metal pole) 
174th
Aggravated Assault (2° felony)
REDUCED TO MISDEMEANOR DEADLY CONDUCT 
338th
Aggravated Assault (2° felony)
CASE DISMISSED BY GRAND JURY 
180th
Aggravated Assault (2° felony)
REDUCED TO MISDEMEANOR ASSAULT 
178th
Aggravated Assault (2° felony)
CASE DISMISSED BY GRAND JURY 
176th
Aggravated Assault (2° felony)
CASE REDUCED TO MISDEMEANOR TERRORISTIC THREAT
315th
Aggravated Assault (2° felony)
CASE REDUCED TO MISDEMEANOR DEADLY CONDUCT ON DAY OF JURY TRIAL 
179th
Aggravated Assault Family Violence (2° felony)
CASE REDUCED TO MISDEMEANOR ASSAULT
315th
Aggravated Assault (2° felony)
CASE REDUCED TO MISDEMEANOR DEADLY CONDUCT 
339th
Aggravated Assault Family Violence (2° felony)
CASE REDUCED TO MISDEMEANOR ASSAULT – 
179th
Aggravated Assault (2° felony)
CASE DISMISSED
315th
Aggravated Assault Family Violence (2° felony)
CASE REDUCED TO MISDEMEANOR DEADLY CONDUCT 
339th
Aggravated Assault (2° felony)
CASE DISMISSED BY GRAND JURY 
337th
Aggravated Assault Family Violence (2° felony)
CASE REDUCED TO MISDEMEANOR ASSAULT 
232nd
Assault Against a Public Servant (3° felony)
CASE REDUCED TO MISDEMEANOR ATTEMPTED ASSAULT AGAINST PUBLIC SERVANT 
179th
Aggravated Assault (2° felony)
CASE REDUCED TO MISDEMEANOR ASSAULT
337th

Harris County Criminal Lawyer James Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris and surrounding counties since 1994. These are just some of the aggravated assault cases in the graph above that were defended in criminal and juvenile courts between 2008 to 2013. A graph covering the cases represented over the past 30 years would be much lengthier.
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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS
Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.
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Facing Aggravated Assault Charges?
Contact James Sullivan, a Houston Criminal Lawyer, at (281) 546-6428 for a free consultation
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