Differences Between Assault and Battery
Differences Between Assault and Battery
Although the two are commonly used in a single phrase, assault and battery are two distinct charges that can be leveled against a person. Under the United States criminal codes, the penalties for assault and battery are different as well as the standards for each. However, as they are similar enough, these charges are often brought together in order to adequately describe the fullness of a person’s criminal actions.
According to the law, assault is defined as willful intent or threatening to cause bodily harm to another person. In addition, negligent damages can be classified under counts of assault, not battery. On the other hand, battery is more definitively characterized by actual violent contact between at least two parties.
These charges can commonly be turned in aggravated assault and battery essentially due to an increased intensity of a crime. For example, making a threat against someone’s health may be grounds for an assault charge, while making a threat against someone’s health while wielding a deadly weapon may be grounds for an aggravated assault charge.
Ultimately, the difference between the two remains whether or not contact was actually made. This difference, coupled with the intent of the crime, changes the severity of punishment drastically. Although most assault and battery charges are considered misdemeanors, aggravated battery in particular is often considered to be a felony.
Assault, in particular, largely depends on a prosecutor proving that a person intended on causing harm to another. Unlike battery, this crime can occasionally be dismissed altogether if the prosecutor cannot prove intent.
If you have an interest in how assault and battery work in our modern criminal justice system, contact a criminal attorney.…
One of the most dangerous and scary situations is when a person gets arrested for a sex related crime. A conviction of one of those types of crimes can change a person’s life. So when a person is looking at facing their day in court in Plano, they want the best sex offender lawyer they can find.
In a sexual crime offense there is a lot of different things that a attorney will have to weigh. Is it better to take the case to trial or go with a plea bargain? Is the offender contempt to stand trial? Is the victim trustworthy or can the attorney question the victim and raise questions of credibilty? A seasoned sex offender lawyer will know the best course of action to take.
Now when going to court the offender has to understand, having the right attorney can make all the difference in the world. The offender needs to have someone good on their side since they are facing the prosecutor, police and victim. However not only having the right attorney for court is important, but also in case the offender gets found guilty. Why? Because of how the different penalties can affect their lives.
A good sex offender lawyer in Plano may be able to keep the offender from going to jail. If the offender is a juvenile they may be able to keep them off the sex offender registry. They may be able to get a plea bargain where they get a charge dropped from.a felony to a misdeamoner. These can have huge benefits and consequences on the offenders life. Now if they are a juvenile and they are convicted,their attorney may need to get the charges expunged after they complete everything they are required to do.
Now in case a person does not know an expungent means getting the charge off the persons record like it never occured. A charge like Unlawful Sexual Contact could keep a person from getting a good job and could damage a person for the rest of their lives.
Now as bad as that may sound, being listed on the sex offenders registry can be much worse. The sex offenders registry is sent to people to let them know who the sex offenders are in certain neighborhoods. Now when they send out that info they include a picture of the offender and a list of what the person has been convicted of. Now as everyone knows people can be dangerous and harass the person listed on the offender registry. This can make it tough on people when they are trying to find places to live and work.
All in all, when a person gets charged with a sex related crime, their whole world can change. It certainly helps to have an advocate in their corner, because trying to navigate the police side of tge charges and the court side can be overwhelming and scary. So when choosing a attorney to handle these types of cases a person should try to find someone who is prepared for what is coming.
Some of the biggest factors a offender should look at when picking an attorney is two things. First, do they have a good amount of experience in dealing with sexual related crimes, so they know how to prepare their case. Second, do they have a good reputation and good testimonials on their website. If those two things are in good standing they the accused can feel much better at their chances of winning or at least having someone look out for their best interst.
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Criminal Defense Attorney – Things to Look For When Hiring One
Criminal Defense Attorney – Things to Look For When Hiring One
Hiring a criminal defense attorney is something that most people hope they will never have to deal with, but should you find yourself in this type of situation it is vital to choose someone who has the relevant skills and experience to best serve you and your case. This could be the difference between losing and winning a case, which may involve a great deal of money or even a prison sentence. For this reason, it’s essential to weigh the following factors before making a decision, if you don’t have an attorney on retainer already. Above all else, choose someone that you can be honest with and feel comfortable discussing potentially sensitive matters with.
The first and possibly most important thing to look into when hiring a criminal defense attorney is their specific experience with your type of case. Be sure to ask about their courtroom experience, as well as the type of education they have received that would qualify them for handling your case. Many lawyers specialize in just one type of case, so find the right fit. They should be able to appear prepared, and explain the court process to you in a way that makes sense, so that you are able to feel prepared as well.
While they may have had years of experience in the past, be sure that your potential criminal defense attorney has also had specific experience within the courtroom, in front of a jury. Although you may hope to reach a plea bargain or dismissal before the case even ends up in a court, if it does, you will need to have a solid professional who is able to present the facts of the case in your favor. To this end, they should also be familiar with the local judges and prosecutors that will also be handling your case, for clear and relevant discussion of the matters at hand.
Of course, budget may play a large role as well in selecting the best criminal defense attorney, so that will be a final consideration. When meeting with different attorneys for consultations and discussion of your case, ask about any fees that may come up with such processes as forensics or paralegal work that might seem hidden at first. Don’t rule out the possibility of having an attorney appointed to you by the court, should you be unable to afford your own at this time. These are all but a few of the things to keep in mind while searching for the best fit for your case.…
The Importance of Obtaining a Permit For Concealed Weapons
The Importance of Obtaining a Permit For Concealed Weapons
The debate regarding the purchase and possession of weapons in the United States has a storied and unresolved history thus far. While the debate rages on, individuals are still allowed to purchase and own handguns for the protection of their property, for hunting, and for collection. In Texas and other states, it is legal for individuals to carry concealed handguns on their persons, if they have the proper license to do so.
It is very important that individuals realize the seriousness of obtaining a license before carrying a gun in a concealed manner. If a person is apprehended with an unlicensed handgun or is caught carrying it in a concealed fashion without the proper permit, he or she may face criminal weapons possession charges. Such criminal charges may result in fines, probation, the revocation of weapons licenses, and even incarceration.
To obtain a concealed handgun license in Texas, individuals must often show proof of residency in the state for a period of at least six months. Individuals may show such proof in the form of rental agreements, utility bills, and other official documentation that shows the person’s address in the state. People are also often required to show proper identification, which may include driver’s licenses, social security cards, or other forms of government-issued identification.
Persons who have been convicted of violent crimes or other types of weapons convictions may not apply for a concealed handgun license if the conviction occurred within the past ten years. The laws require that only individuals in good standing with the law and a clean record for the decade prior to the application be granted the right to carry a handgun on their person. Although many people do not realize it, persons who have been convicted of DWI and DUI may also be denied the right to carry a concealed weapon.
Persons seeking a concealed weapons permit are usually required to take weapons-safety classes that usually include up to fifteen hours of instruction regarding the rules and regulations of the state. Following the completion of classes, the applicant must wait a period of sixty-days in order for the application to be processed and acceptance or rejection to be finalized.
It is important to remember that you should always obtain the correct licenses before carrying a concealed weapon. It is also essential for license holders to be aware of government buildings, schools, and other locations that do not allow non-commissioned individuals to carry weapons, even if they hold a concealed weapons permit. If you would like to know more about weapons permits and unlawful weapons possession, visit the website of the Austin criminal defense attorney Ian Inglis.…
Seek Help If Your Child is Charged With an Offense
Seek Help If Your Child is Charged With an Offense
One of your worst fears has just been realized. You have received a call that your child has been arrested. You now have to go down to the police station to pick him or her up, and then face the numerous problems involved in the situation. You are angry, you are hurt, you may feel betrayed. You emotions run the gamut from failure as a parent to anger at your child. Something needs to be done, but what?
Doing nothing may be one of the worst avenues to take. Ignoring the situation will obviously not resolve it, nor do criminal matters resolve themselves. Without first learning all of the facts of the matter at hand, it is impossible to make an informed decision of the course of action to take. Your child may have been the victim of mistaken identity, at the wrong place at the wrong time, or, may have in fact committed a criminal act. But you won’t know until you find out the particulars.
Your child will be at a crossroads in this situation, the actions taken will have a long lasting effect on his or her future, for better or worse. A criminal record, even a juvenile record, can follow them long into the future. College, future employment and various licenses might be affected by the course of action in your child’s matter. As important, you have to determine if you will be financially responsible for the actions of your child. Will you be required to pay restitution? Will you be financially responsible if your child is placed in a juvenile facility?
Tough love does not mean abandonment. You can remain tough as a parent, fulfilling your responsibilities, while at the same time working towards the best possible solution to minimize the permanent damage to your child and you. A part of “tough love” is “love”, something your child may very well need at this time.
Hiring a competent criminal lawyer at the first instance can make all of the difference. The sooner the lawyer is retained, the sooner he or she can investigate the facts, and determine the best course of action. As importantly, a competent, criminal attorney can take some of the emotional burden off of your shoulders, providing emotionally detached advice on how to proceed.
A law firm that is experienced in juvenile criminal matters can represent you from the beginning of your child’s case until the end. They will have dealt with many, many of the same circumstances you are currently experiencing, and their guidance will prevent you from groping in the dark, as many often do. Don’t delay, these experts are there to help and most often offer a free consultation.…
Understanding Forgery
Understanding Forgery
Forgery is a white collar crime that describes many actions involving the reproduction or creation of a document, object, or statistic with the purpose of deceiving another individual. When an individual succeeds in forgery and passes his or her deceitful item as real, he or she has committed fraud.
Many actions may be considered forgery. Typically, these actions include:
Reproduction of documents
Counterfeiting money or checks
Intentionally deceitful advertising
The reproduction of documents is a tricky subject. In some instances, documents are photocopied or altered. Usually, this does not count as forgery. When an individual alters these documents with false information and tries to pass off the information as true, he or she may be committing fraud.
Another way an individual may commit forgery on a document is when he or she reproduces a signature or stamp of approval. An individual who does not have authority to green light a certain action may be able to bypass that by forging a signature, which is illegal.
Individuals who try to counterfeit money or checks usually do so with the intention of creating realistic money that they will then spend, deceiving whoever accepts the money. In most cases, this is considered a federal crime and may carry a more significant punishment than other forms of forgery.
Finally, intentionally deceitful advertising occurs when an individual or group makes a product and packages it in a way that suggests it is made by someone else. For instance, an individual may attach a designer label on an article of clothing when it is, in reality, made by someone else and is not associated in any way with that brand or company.
Forgery is a difficult subject, so individuals who have been charged with this crime should discuss their legal rights and options with Austin forgery defense attorney Ian Inglis.…
Reasons For Criminal Law Enforcement – Objectives
Reasons For Criminal Law Enforcement – Objectives
Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one’s liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.
Punishments of Criminal Law Violation
Criminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes could be imposed. However, these outcomes are forbidden in most parts of the universe. Depending on one’s jurisdiction, individuals could be in a range of conditions. Incarceration could be solitary. The confinement period
could be as short as one day and as long as one’s entire life. Supervision by the government including house arrests, confiscating property and money from individuals convicted of offenses could be imposed. What is more, offenders could be obligated to conform to specialized rules as part of the probation and parole regimen.
By punishment, there are five widely accepted objectives in the enforcement of criminal law that an attorney seeks to defend offenders against. These are retribution, incapacitation, deterrence, restitution and rehabilitation. However, it is worth noting that when it comes to the value placed on each one of them, jurisdictions differ.
Objectives of Criminal Law Enforcement
Retribution – Offenders must undergo some kind of suffering. This is the objective most commonly seen. Offenders are considered to not only have caused unfair detriment on others but also to have taken unacceptable upper-hand. Accordingly, an attorney with the help of criminal law is said to put the offenders in an unpleasant disadvantage hence balancing out the scales. Individuals surrender to law so as to gain the right not to be killed. If individuals flout the laws, they give up the rights given to them by the laws. Therefore, individuals who kill may also be killed. One related hypotheses contains the correcting the balance idea.
Deterrence – Individual deterrence is intended at specific criminals.
The intention here is to impose adequate punishment so as to discourage offenders from criminal behavior. General deterrence is intended for the general public. By imposing penalties on offenders, other people are put off from committing the same crimes.
Incapacitation – This is intended to keep offenders away from the public so as to protect society from their delinquency. Today, courts of law with the help of attorneys use prison sentences to attain this.
Banishment and the death penalty also serve a similar purpose.
Rehabilitation – Courts of law and the attorney use this to transform criminals into useful members of society. Its chief objective is to convince criminals of their wrong doing thus preventing more crimes from occurring.
Restitution – This is a punishment theory that is victim oriented. The intention is to use the state authority to fix damages inflicted by criminals on innocent victims. For instance, individuals who misappropriate are required to reimburse the amount acquired unjustly. Usually, restitution is put together with other chief objectives of criminal law and is directly linked to civil law ideas.…