Houston Domestic Assault Lawyer James Sullivan Fights for his Clients
Houston
criminal lawyer James (Jim) 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).
By way of detailed defense packets, James Sullivan has persuaded the
grand jury to no bill (dismiss) such charges. James Sullivan has also
prepared and set such cases for jury trial which the prosecutor then
wisely chose to dismiss on the trial setting.
One wonders if police officers may
sometimes suggest to an alleged victim that she was choked in order to
make a felony arrest. An alleged victim who is already mad at her
boyfriend or husband may go along with the suggestion, not realizing the
seriousness of such an allegation. It does seem odd that in some cases
the only so-called objective evidence in the police offense report
suggesting that such an assault occurred is the officer’s purported
observation of “redness” on the person’s neck, yet no photos were taken
of this redness and the victim refused medical treatment.
According to a recent Houston Chronicle
blog post by reporter Erin Mulvaney entitled “Harris County prosecutors
see increase in choking charges” (see below), the number of felony cases
filed for Assault Family Member
by Impeding Breathing (strangulation) 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.
Contact a Harris County Criminal Lawyer
Attorney James Sullivan is an
experienced Harris County Criminal Defense Attorney serving Greater
Houston and Texas since 1994. James Sullivan is also Board Certified in
Juvenile Law by the Texas Board of Legal Specialization.
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.
Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your assault by impeding breathing charges in Harris County (Houston) and Fort Bend County (Richmond).
Our law firm defends 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.
