Aggravated Assault | Montgomery County Criminal Lawyer James Sullivan


Conroe Texas Aggravated Assault Defense

Aggravated assault or assault with a deadly weapon is a serious felony offense in Montgomery County Texas. A conviction for aggravated assault can result in severe penalties, including lengthy prison time and a large fine.  Such a conviction can also adversely impact your future, such as by losing many educational, employment, housing and public assistance opportunities.  A conviction for such a crime of violence will also prevent you from ever owning or possessing a firearm.

It is important to hire an experienced Conroe criminal defense lawyer because criminal charges for aggravated assault 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 of the felony offense 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 vital to contact an experienced criminal attorney in Conroe who will fight for you.

If you have been charged with the criminal offense of aggravated assault in Montgomery county or any of the surrounding counties in Texas, contact James G. Sullivan and Associates for a free phone consultation at 281-546-6428.  Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

Aggravated Assault in Conroe

According to section 22.02 of the Texas Penal Code, an individual can be charged with aggravated assault if they cause serious bodily injury to another or use or exhibit a deadly weapon during the commission of an assault offense.

According to section 22.01 of the Texas Penal Code, 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 Bodily Injury and Serious Bodily Injury in Texas?

According to section 1.07(a)(8) of the Texas Penal Code, “bodily injury” means physical pain, illness, or any impairment of physical condition.

According to section 1.07(a)(46) of the Texas Penal Code, “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.

What is a Deadly Weapon in Texas?

According to case law, three things can qualify as deadly weapon:

  1. firearms;
  2. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
  3. 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 Aggravated Assault in Montgomery County

Chapter 12 of the Texas Penal Code lists the felony punishment for aggravated assault in Conroe.

Aggravated assault is usually charged as 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, aggravated assault 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 aggravated assault 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 Aggravated Assault in Montgomery County

Occasionally, and in certain circumstances, there may be legal defenses available to aggravated assault.  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 aggravated assault 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 aggravated assault charges against you.

Grand Jury Defense for Aggravated Assault Charges

If you are accused of aggravated assault, 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 throughout his almost 20 years of legal practice, including over 30 felony cases 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.  One of his many client reviews on AVVO:

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.

–Posted on August 25, 2016

James G. Sullivan and Associates | Montgomery County Aggravated Assault Attorney

James Sullivan graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. 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 phone consultation at 281-546-6428 about your aggravated assault charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

CaseFactsResult
Aggravated AssaultClient believed he was about to be robbed by 2 men outside a bar; client claimed self-defense.Not guilty
Aggravated AssaultClient, a disabled vet, shot and seriously wounded a former friend who was high on drugs, broke in his house right after being ordered to leave the premises and attempted to attack him.No billed
Aggravated Assault in Montgomery CountyClient shot and seriously wounded a violent felon who was trying to steal his car at nighttime.No billed
Aggravated Assault Family ViolenceClient accused of throwing a 12 lb glass trophy at his father and hitting him in the back.No billed
Aggravated Assault Family Violence (Felony Habitual)Client accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle.No billed
Aggravated AssaultJuvenile client accused of attacking an older boy with a handmade weapon after the older boy came over to his house to kill him.Dismissed on trial date
Aggravated Assault Family ViolenceClient accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened.No billed
Aggravated Assault Family MemberClient shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana.No billed
Aggravated AssaultClient accused of shooting another guy's motorcycle twice while the guy was on it after the guy had broken the client's custom table.No billed
Aggravated AssaultJuvenile 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.Dismissed
Aggravated Assault Family ViolenceJuvenile client was accused of threatening her mother with a steak knife.Dismissed
Aggravated Assault Family ViolenceClient accused of intentionally trying to drive into and strike his girlfriend.No billed
Aggravated AssaultJuvenile client was accused of threatening to stab classmate in the neck with a pair of sharp scissors.Dismissed
Aggravated Assault Family ViolenceClient with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time.Deferred Adjudication after PSI hearing
Aggravated Assault Family ViolenceClient accused of intentionally driving into and hitting the new girlfriend of her ex-boyfriend.No billed
Aggravated AssaultClient accused of hitting man in head with beer bottle outside a bar; client claimed self-defense.No billed
Aggravated Assault Against a Public ServantPolice Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him. State only offered prison time.No billed
Aggravated AssaultClient accused of hitting other woman in head with metal pole.No billed
Aggravated AssaultClient allegedly brandished a knift and threatened another guy who had stolen his property.No billed
Aggravated AssaultJuvenile client accused of threatening several other juveniles with a baseball bat.Dismissed on trial date
Aggravated Assault in Montgomery CountyClient accused of pistol whipping 4 teenagers that endangered him and his family by egging the front windshield of his car early in the morning and causing him to run off the road, causing over $4,000 in damages to his car. Case reduced after case was set for trial.Reduced to misdemeanor unlawful restraint with deferred
Aggravated Assault in Galveston CountyClient was accused of threatening a woman with a firearm. Case reduced to misdemeanor after it was set for trial.Reduced to misdemeanor assault
Aggravated Assault in Brazoria CountyAt age 16, Juvenile client got into a fight with an 18 year old drug dealer that resulted in the dealer requiring brain surgery. The State only offered 5 years determinate probation or to certify him as an adult with deferred adjudication. Sullivan insisted on a jury trial or a regular probation that could be sealed at age 19. The State finally backed down and agreed to 9 months probation.Juvenile probation instead of certification as adult

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