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Battery Lawyers USA - Recent Legal Articles
- Florida Sentencing Enhancements Pt. 1: Prison Releasee Re-Offenders
Florida has some harsh recidivist sentencing statutes, the most draconian of which is the PRR statute. This article outlines the circumstances under which the statute applies, and its implications for an accused person.
- What Do I Do If There Is A Warrant Out For My Arrest?
It may seem as though you are standing at the edge of a cliff and are getting ready to fall off, or maybe the feeling you are getting is one of claustrophobia, or something much worse. When the biggest concern on your mind is “what do I do if I have a warrant of arrest” issued for me, the first response should be to find a good lawyer and get some help.
- When is a Schoolyard Brawl a Battery?
Kids will be kids, or so the saying goes. As such, children often roughhouse and get into small fights in the schoolyard. Most parents, teachers, and administrators, while not pleased by such conduct, know that it is an inevitable part of life in the school system and for many, a rite of passage for the children involved. But legally, when does it go from a simple schoolyard brawl punished by detentions or suspensions to a battery that could be punished by jail or a civil lawsuit?
- Michigan Assault Charges and The Stand Your Ground Defense
Michigan assault charges can be defended by asserting self-defense. There is a Michigan Self-Defense statute, MCL 750.951 and jury instructions which protect a defendant's right to self-defense. In many cases, there’s no legal duty to retreat from an attacker -- at home or out in public. This is known as the Stand Your Ground defense.
- Domestic Battery Laws in Nevada
Learn about Nevada's domestic battery laws and the penalties imposed by the state for conviction of these offenses.
- African American Women Disproportionately At Risk For Death by Domestic Violence
Domestic violence can happen anywhere and is not bound by race, religion, or socio-economic status. But, recent studies show that African American women are at three times the risk of experiencing a lethal domestic violence event than any other racial groups in America. Indeed, domestic violence murders are among the leading causes of death of black women ages 15 to 35.
- The Elements and Differences Between Assault and Battery
How often do we hear the compound term “assault and battery” thrown around in courtroom television dramas or the nightly news? Were you aware that assault and battery are actually two different things? That they can have both civil and criminal implications? So what exactly is the difference between them, and why is this distinction important?
- Criminal vs. Civil Charges
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
- Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
- What is Assault (Penal Code § 240)?
Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it.