Monthly Archives: December 2012

A Short Note On California Felony Battery Law

Aggravated mayhem, Hazing

Mayhem and battery

California has one of the strictest laws in the country regarding crimes such as battery and mayhem. Battery can be defined as unwanted application of force against the body of another person or an object which is connected to another person. In some cases, an assault might result in another person getting seriously injured while in certain other cases it will not result in any injury at all.

Classifying battery

In California, a simple domestic battery, such as, unwanted touching of a spouse, partner or other person living in the same household and which does not result in any serious injury would count only as a misdemeanor. However, if such actions lead to a serious injury, it will be classified as aggravated battery which is a felony that is punishable with up to four years in state prison.

Hazing will be charged as felony

Hazing is the initiation procedure of a student organization and if such activities result in serious injuries to the victim, then they can be charged as felony in the state of California. Such activities result in punishments that can range from imprisonment up to a year or a fine to the tune of $5,000.

Malicious discharge from firearm

Malicious discharge of a firearm in an inhabited dwelling, building, motor vehicle or aircraft is a felony and if found guilty, the defendant can then be sentenced to seven years in the state prison. The term “inhabited” is applicable to any establishment that is currently being used, regardless of whether or not it is actually occupied at the time of the discharge. Another instance where the discharge of firearm can be treated as a felony is when it is discharged at an aircraft. When a firearm or laser is fired at an aircraft, whether occupied or not or in flight or not, the act can also be charged as a felony.

Aggravated mayhem

A crime is treated as mayhem when a battery results in the person

Aggravated mayhem, Hazing

charging felony

losing a body part. Such battery includes putting out an eye, cutting off the nose, ear or lip. In most cases, mayhem is charged as misdemeanor but it will be upgraded to a felony charge, if it was committed intentionally or recklessly with extreme indifference to the outcome of their actions. The punishment for aggravated mayhem is extreme, which is rather understandable. The person will be imprisoned for life in state prison with the possibility of parole.

Students of law especially under the criminal category would want to study these two cases very well.

Know Your Rights When Pleading Guilty

Guilty Plea

Is Alford Plea Justified

In a criminal case, if all evidences and witnesses are against the defendant, he may plead guilty intentionally and voluntarily. This kind of situation may arise in cases where the defendant has no option but to accept guilt on the premise that the court will exempt him from grave charges if he accepts guilt. Courts are known to tone down the quantum of punishment if the guilty shows remorse. The plea is technically known as the Alford Plea.

Other Pleas
In criminal cases, there are other pleas the defendant is entitled to such as ‘not guilty,’ ‘contest,’ or ‘no contest.’ If you have ever looked into a criminal case docket, you would probably come across such terms written on the face of the docket meant to assist the attorney or his paralegal to understand the stages of pleading.

Not Guilty Plea and Affirmative Defense
The defendant may deny the charges leveled against him in a criminal prosecution and it is for the prosecution to prove the guilt of the defendant beyond reasonable doubt. When the defendant pleads “not guilty,’ the court records the same and it is then that the prosecution should present evidence to the contrary.

There are not guilty pleas suggests that the defendant can be either excused or justified in committing the crime on the grounds of insanity, forced intoxication, self defense and so on. The onus on the part of the defendant herein is to not prove his innocence but to establish that he deserves to be excused or justified in the act.

Guilty Plea
As the name suggests, the defendant admits his guilt and it is for the court to admit the plea if facts of the case suggest that the defendant is guilty and such declaration did not arise out of intimidation of any sort.

Guilty Plea

Consequences of Alford Plea

No Contest Plea
In this type of plea, the defendant does not admit the guilt but facts. The trial and the defendant side evidence will be dispensed with in such cases. The defendant’s arguments strongly suggest the absence of facts constituting a crime in its strictest sense and he cannot be sentenced on such plea without court finding the guilt beyond reasonable doubt.

Legal scholars are of the view that the adaptation of the Alford guilty plea is a milestone in the law of criminal justice for the results of application of the plea are farfetched.

 

Role Of A Car Accident Attorney In Car Accident Cases

Insurance Companies

How to file a Car Accident Suit in Riverside County

The civil law entitles a legal practitioner to practice in the area of his/her interest and to specialize as standing counsels or attorneys of such choice. Those lawyers who find more rewarding to practice as personal injury lawyers specializing in accident cases involving cars are known as car crash lawyers. If you happen to be a car accident attorney from the Riverside County, then your clients would identify you as a Riverside car accident attorney. If you are a budding Riverside car attorney, this article could be of help. Read on!

Responsibilities of a Car Accident Attorney
The first and foremost duty of a personal injury lawyer is to ensure that your client is adequately compensated for the injuries sustained in an accident. The compensation should include your clients’ medical bills and all other expenses incurred due to the accident. No claim is without dispute and you must be well prepared to face them as and when they arise in a trial.

How Riverside Clients Reach You
Clients look for attorneys specialized in injury-related cases either online with the keyword, Riverside car accident attorney or rely on referrals. They may even look into the classifieds of phone books. Assuming that a client manages to find you through any of the avenues mentioned above, the next thing he would look for in you is expertise in handling highly complicated medical and technical issues, unique of a car accident case. If your overall disposition appears convincing to the client, he will hire you to handle his case ignoring the fact that you are a budding lawyer.

Lawyer vs. Insurance Companies
An accident could by all means be settled out-of-court if the two parties can come up with terms they both agree on. The injured may coordinate with the insurance company involved and be compensated for the expenses arising due to accident without the intervention of a personal injury attorney. There are also instances wherein the attorney himself could negotiate with the insurance company for an out-of-court settlement.

Lawyer’s Fee

Insurance Companies

Riverside Car Accidents and Attorneys

The fee is usually calculated on the basis of the number of hours the attorney had to work on the case. The other option that is popular these days is to pay the attorney a percentage of the monetary compensation received. Needless to say the latter is the more appealing of the two but it is contingent on winning the case. If you lose, the client need not pay you anything apart from the court expenses and an agreed base fee.

Hope this article was helpful. Good Day!

What To Check For When Choosing An Accident Lawyer

riverside car accident attorney

hiring a car accident lawyer

If you ever encounter an accident, you’re sure to need the services of a quality lawyer to get you out of the legal mess that ensues. The good thing about having a reputable and experienced lawyer to represent you is that he can take the stress off your shoulders, and assist you in getting the insurance company to pay for your financial, emotional and physical damages. Here are some of the guidelines to follow while selecting the best Riverside car accident attorney.

How to go about soliciting the services of a car accident attorney

  • Ask for referrals from close friends or associates to find a good lawyer, or look up an accident lawyer in the newspaper and phone directories. Set up a meeting with him before you divulge the details of the case that you’d like him to handle. Alternatively, get in touch with a local lawyer agency to avail the services of one that deals specifically in cases such as yours.
  • Go for an accident lawyer who has a good record, experience, and has shown successful negotiation skills. He must be able to settle out of court, if this is possible. If he settles the case in a courtroom, you must win the settlement at the minimum cost.

    hire a lawyer

    finding a good lawyer to represent you

  • There should be synergy between the client and lawyer. You can judge if there is synergy if the attorney shows enthusiasm in advising you, pays attention to detail, and is blunt about the business aspects of his trade.
  • Try and get a lawyer who’s willing to wait for payment until after he wins the case for you. Of course, some of the most well known Riverside car accident attorney firms do not charge for the first consultation.
  • The most important part of getting a lawyer is to read any paperwork thoroughly and understand the terms and conditions it entails, before you agree to sign it. Any misunderstanding later on, regarding the details of the agreement, will enable him to take you to court. In such an instance, winning the original case will just have gotten you into a different kind of trouble.

Follow these instructions to hire a lawyer to represent you in court, if you get into an accident. These guidelines help make sure that you get the right lawyer for the matter, and that you win the best settlement at minimum cost.

Steps to Get an Aggravated Misdemeanor off Your Record

aggravated mayhem, aggravated misdemeanor

work out the loop holes

Have you ever got your name involved in an act of crime? Well if yes don’t get worried as you can get your name wiped off from all records just by following up a simple instruction set. You may or may not get involved in a criminal act with or without your knowledge. Whatever may be your act, you have a number of loopholes to exploit to get your name cleared. How is it done?

The amount of effort and the legal advice you required to get your name off the charge sheet depend on the harshness of the misdemeanor as well as the degree of indulgence. Basically, on the basis of the severity criminal acts are classified into three- simple, serious and C. If you are framed in an act of aggravated mayhem you would be having a hard time in getting your name of the police records.

Instructions to follow up

  • Whatever may the act of crime it is always wise to head for the support and help of a legal suit or an attorney to get your name erased from the records. Talk it over with your attorney and provide him the necessary details of your position during the crime as well as the crime scene. Well, if your pockets aren’t strong enough to afford a personal lawyer you can walk into the office of the public attorney to help you out of the problems.
  • The very next step after you have hired in a legal professional is to attend your arraignment. This would be scheduled to the first week post the incident. The judge would go through the physical evidences if any and the charge sheet that has been filed by the investigating authority. now you can file in the plea. You can file in a guilty, not guilty, and ‘nolo contendere’ plea. Consult with your lawyer before you file in the plea.

    aggravated mayhem, aggravated misdemeanor

    work out the loop holes

  • Follow the instructions that your lawyer has given you. Talk and consult with your lawyer to have your sentence minimized if you have submitted in a pleads guilty or nolo contendere.
  • Try to attend all the hearing dates as per scheduled to you. During the period of your trial you would be asked in to remit court fee and other monetary penalties. You can ask your attorney to file in the necessary details to get your name off aggravated mayhem accusation.

Your lawyer can then use the evidence as well as your cooperation with the police and your willingness to come clean to influence the judge that you have turned a new leaf in life or are wrongly blamed for the action of others.

 

Unknown Facts About Plea Law

Alford plea, pl

plea law

A plea is quite common in a court of law as it is an objection made by someone against a reported complaint. One enters into a plea in criminal cases generally. It is a well known fact that the person who is subjected to a criminal case is liable to imprisonment if he/she fails to clear his/her part. But when it comes to Alford plea there is a slight change in definition. It is a guilty plea of a defendant who appears to be an innocent of the crime. It is a technique used by the accused person or his advocate when the evidence against the accused is so strong as to put him/her behind the bars.

How to Use the Plea Law

As I had mentioned in the earlier statement, the plea law is generally used by a person to escape from a sure punishment that would follow if the judge finds him to not show remorse through a confession. It is used as a shield by the defendant or the advocate when their points of arguments become useless and does not seem to help in escaping the punishment. It is also used when the evidence against the accused is so strong and it will lead to conviction. The plea can also play an important role in delaying the final verdict of the case.

When it comes to the stage of the Supreme Court, the plea does not provide a full and fair hearing on the issues in the case. It does not prevent later litigation of the issues.

Effects of the Plea

The plea law had several good effects upon different categories of people. For West Memphis 3,

Alford plea, plea

guilty

the plea law allowed them to walk free even without a re-trial which may have resulted in their conviction. In the same manner, prosecutors had their own difficulties due to the use of plea.

The plea law had helped a few convicts to escape harsh sentences of life imprisonment and even the gallows. Even though, one can argue that the allowance of a plea is like a bittersweet for families of the victims, it is a policy that seeks to balance competing interests when closure is clearly out of reach.

Let me conclude that, the Alford plea is neither a full admission of innocence nor guilt. It can serve as both the way to avoid trial or sure punishment, at the same time can also help those who are genuinely innocent but cannot prove so in a court of law due to lack of evidence.

 

 

Tackling Your Car Accident Lawsuit

Riverside car accident attorneys

Dealing with legal after effects of accidents

“The road is full of idiots” – these might not be the words from somebody great, but it is absolutely true in every sense. A car accident is something that can happen to you even if you are one of the safest drivers around. All it needs is an idiot with a car on the road.

An accident is a possibility every time you take out your car to drive. Even if you get hurt seriously in this accident or even if you don’t get hurt, the biggest possible mistake you can make is to try and tackle what follows the accident, all by yourself.

Why do you need a Riverside car accident attorney?

If you happen to reside anywhere in the Riverside County, you can consider yourself lucky, as there are a number of reputed attorneys specialized in handling cases of road accidents in this area. No one might wonder why he or she needs a Riverside car accident attorney when they well capable of taking care of themselves. Trust me, if you are someone thinking on the same line, it is because you have no idea of what is coming your way after a car accident.

Like I had mentioned earlier, even if it’s you, someone else or that got injured, the first persons you

accident lawsuits

Hiring an Attorney to deal with cops and insurance company

would have to speak to are the cops, followed by the other person involved in the accident. Then, it would be the turn of the insurance companies to get into an “investigation” so that they do not have to pay you the insurance amount they owe and for which you have actually been paying the premiums regularly.

Now all these are not something that is easy to tackle for any Tom, Dick and Harry. It would require some serious legal assistance and it is here that you can really use an accident attorney at your disposal. Would you ever think of driving a train on your own if you have absolutely no idea about trains? Well, the situation is almost identical here too. It is always wise to let the professionals do whatever they are trained to do. Hiring an attorney to handle the legal hassles that follows a car accident would not only ensure that you are spared a lot of headaches , but will ensure that you receive a decent amount as insurance which would cover most expenses that you had to deal with.

So, let the attorneys do their job, next time you meet with an accident, which hopefully wouldn’t happen!