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Battery Lawyers USA - Recent Legal Articles

  • African American Women Disproportionately At Risk For Death by Domestic Violence
      by HG.org

    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
      by HG.org

    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.

  • Several States Make Choking a Felony Charge

    Several states across the country are moving to tighten the laws on choking and strangulation by making it a felony charge. Several states across the country are moving to tighten the laws on strangling. A much debated topic, choking and strangulation is one of the top domestic abuse crimes, but is not considered a felony by many states.

  • Aggravated Harassment in New York

    Aggravated harassment in the second degree, a Class A misdemeanor, occurs when a person intentionally acts to harass, threaten, annoy or alarm another person, using a telephone, telegraph, the mail or any form of written communication, including electronic means. Simply making a call, even if no conversation takes place, can constitute aggravated harassment in the second degree.

  • Defenses to Evading a Police Officer Depend Upon the Facts

    Anyone who has been charged with evading an officer, a violation of either Vehicle Code § 2800.1 (a misdemeanor) or § 2800.2 (a felony), usually either has a sense of outrage and insistence of innocence or, on the other extreme, cannot stop admitting their guilt. We suspect this is because on television, police chases are common and well understood.

  • What is the Difference Between an Infraction and a Misdemeanor?

    Certain offenses, depending upon the circumstances, may be charged as an infraction or a misdemeanor. The most common examples of this are petty theft (Penal Code §§ 484 or 490.1), disturbing the peace (Penal Code § 415) and trespassing (Penal Code § 602).

  • The Difference Between Assault and Battery Charges

    In most states, assault and battery are two separate charges that are almost always charged at the same time. If you have been charged with assault, battery, or both, you will need to know the difference between these charges and how they will affect your future.