The Difference Between Robbery and Aggravated Robbery
Posted on 25. Jun, 2010 by Admin.
Robbery occurs when a person intentionally and knowingly steals property directly from a victim by means of violence or fear. With regard to robbery, “intentional” means that the person committed the activity with the expressed purpose of achieving their desired result. This means the perpetrator, for example, hit the victim to frighten him into surrendering his possessions. “Knowingly” means that the perpetrator is aware that their actions will be easily interpreted as a threat. The victim will be fully aware that he is being robbed and if he does not comply there may be physical consequences forthcoming immediately.
Robberies frequently occur after dark, when the robber can find cover from which to ambush their victim. The public nature of a robbery crime scene makes it hard to seal off. A robbery is usually not given the care nor manpower afforded to a murder scene. Therefore, robberies are difficult to solve and robbers may have numerous successful heists before being caught. Their eventual capture might, however, lead to numerous charges based on their method of operation. On some occasions, the victims are reluctant to report the crime, not wishing to go through the bother of the police report.
Robbery is usually a Class C felony, however, there are circumstances in which it is raised to a Class B felony. Then it becomes aggravated robbery, a much more serious charge.
To qualify as aggravated robbery, a deadly weapon must have been used in the commission of the crime, or else serious bodily injury must have occurred to the victim. Aggravated robbery occurs if a robber uses a gun to frighten the victim or uses a fist to punch the victim. Some states have yet a higher level of robbery called especially aggravated robbery, which means that both a deadly weapon was used and personal injury occurred.
This article is not intended to be legal advice. It is meant for information purposes only.
Those facing robbery charges in Texas should contact Attorney Michael Lowe.
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What is a Felony?
Posted on 30. May, 2010 by Admin.
A felony is a serious crime, and includes both violent and non-violent offenses like burglary, drug trafficking, robbery, murder, grand theft, and aggravated assault. Essentially, what makes a felony a felony is that the crimes carry prison sentences in excess of one year. Some felonies carry death sentences. Because of the severity of these crimes, persons convicted of committing felonies are permanently known thereafter as felons.
Differences between a Felony and Misdemeanor
In some cases, there might be a subtle distinction between a felony offense and a misdemeanor offense. A misdemeanor is a less serious criminal act that carries a weaker sentence. In most cases, those charged with misdemeanor crimes are sentenced to fines instead of prison. Those who are sentenced to serve time usually do so in local jails rather than federal prisons, where felons serve their sentences.
In some cases, the difference between a felony and a misdemeanor might just depend upon the circumstances. For example, the possession or distribution of illegal drugs might be a misdemeanor if the perpetrator was found carrying only a small amount of the substance. If the perpetrator was found with an excessive amount, however, he may be charged with a felony. The same can be said of those carrying guns. Whereas carrying a weapon legally would not be a crime, bringing a gun into a restricted area, like a designated gun-free school zone, could be a serious offense.
Loss of Right of Convicted Felons
Even after serving out their sentences, felons in the United States are stripped of many rights the average citizen may take for granted. For example, in some states, felons might lose the right to vote or become ineligible to run for public office or serve on a jury. It also influences a person’s ability to pass a security background check when applying for a job, even in the private sector. Furthermore, noncitizens who commit felons are usually deported from the country. Once someone is a convicted felon, this label stays on his record for the rest of his life.
This article is not meant to serve as a substitute for legal advice, which can only be obtained from a criminal defense attorney.
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Workers Payments and Statutory Acts
Posted on 30. May, 2010 by Admin.
This is because the payments are only made on the basis of an employee’s capability to get employment partially for instance it is presumed that an employee who has lost an arm is still in a position to find work. The disadvantage is that the statutory does not put into consideration the challenges the employee is likely to face when looking for work that will put that disability into consideration.
Injured Employee Compensation
On the same note, the workers’ compensation might recommend that the injured employee be given light duties yet the employer can easily claim that there are no such light duties therefore end up terminating the worker’s employment by claiming that he/she is not in a position to complete assigned duties. On the same note, attempts have been made to include other forms of injury including stress, silicosis as well as repetitive strain injury yet the law always disregards such forms of injury. Apart from that, the law does not also clearly state the total cost enough to provide for a disabled employee. As a result, the stipulated cost may be way below the actual amount that would be enough to sustain the employee’s living conditions throughout his/her life.
On the same note, an employee’s physical injury will affect his/her capacity depending on the professions. If a banker loses a finger, his earning capacity may not be affected as much as that of a pianist.
Statutory Compensation in the USA
Employer Liability Acts were passed by Georgia and Alabama in 1885 whereas similar acts were passed between 1855 to 1907 in 26 states. These acts were aimed at permitting injured employees to sue their employers and at the same time prove a case of negligent act or omission.
Following the enactment of Germany’s 1884 Act, reforms on workers’ compensation laws were initiated. This was done in a bid to discourage litigation, and also to discard the necessity for employees to prove that their injuries were as a result of the employer’s negligence. For instance, the 1800 Act was replaced by the 1897 British Act.
This article does not intend to give any legal advice. Please go and visit the attorneys Shavitz Law Group to know about statutory laws on workers compensation. Helping all workers in Florida.
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Negligence and Personal Injury
Posted on 30. May, 2010 by Admin.
There are essentially two kinds of torts that may come into play with personal injury. The first is intentional. The second and most common is negligence. Some cases of negligence are clear cut while others can become very complex.
Negligence means acting in a careless or thoughtless way; failing to take reasonable care; failure to act when it is determined a reasonable person would have done so. Simply reading those statements you can start to see various situations where this could sometimes be hard to show.
Winning a case of negligence involves four basic things that must be proved for a successful outcome.
- The defendant (person or company the lawsuit is being made against) owed the plaintiff (injured person) a duty of care.
Using a simple example: As a landlord you must keep stairs, roofs etc in a safe state. What is the tenant’s duty though to inform the landlord of anything they notice that is not safe?
- It must be proved that the defendant breached that duty, failing to exercise proper care.
Let us take a look at our landlord again. Suppose a broken light fitting falls on the tenant’s head causing injury. It is clearly the landlord’s responsibility to keep the light fittings in good repair but – what if the tenant had failed to tell him it was broken? If he had informed the landlord how long ago and what constitutes a reasonable period of time for repair? What if the tenant had broken the fitting himself?
- It must be proved that that breach of duty caused the injury.
Let’s say that it turns out that the broken light fitting fell while the tenant was swinging his child overhead playing airplanes, hit the light which then fell on his head. This lends a slightly different view to the light simply falling. What caused the injury, the light being in disrepair or the tenant’s child hitting it? Would the light have fallen anyway? If the light was in good repair would the child knocking it have caused a break and fall?
- It must be proved that the plaintiff suffered damages.
In our landlord and tenant example it is probably fairly clear that the tenant suffered injury. The extent of injury would make a difference as to any damages he might be awarded should the other 3 burdens of proof rule in his favor.
There are a number of cases where proving injury can be more complex. Being able to prove the time of injury can be important as well as the extent. This is why it is helpful to have witnesses, take photos and seek medical attention as soon as possible.
Often of course people find themselves, the plaintiff, opposing a large company. Many people are frightened by this and feel they have no chance of compensation. The same laws apply to companies as they do to individuals. The important thing is to consult a lawyer who can help you go through your case and decide if you have a reasonable chance of proving the four points. If you are in the Chicago area, Ken Allen Law can help.
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Florida Probate Law
Posted on 30. May, 2010 by Admin.
Probate refers to the process a court engages to distribute assets of a deceased person. In Chapters 731 through 735 of the Florida Statutes, one can find the Florida Probate Code.
Generally, after the deceased person’s assets have been identified, a court will use those assets to pay any outstanding debts the deceased person has. Before this, however, the assets are used to pay the cost of the probate proceedings. After court fees and outstanding debts have been paid, the court will give any leftover assets to beneficiaries of the deceased person. In Florida, there are two types of probate administration under Florida law. One is called formal administration, and the other is called summary administration. There is also another type of administration that is not supervised by the court. This kind of proceeding is called “Disposition of Personal Property without Administration.” Only in certain situations may this kind of proceedings be used.
Typically, a creditor or beneficiary legally files for probate. If the deceased left a legal will behind, then the Personal Representative (also known as the Executor) named in the will initiates the probate process.
According to Florida Probate Laws, only the original copy of a descendant’s will is accepted by the Florida court system. This law is in place to help ensure that the will is indeed valid. Typically, a lawyer should be consulted when dealing with the probate process in Florida to ensure it is completed in a timely, professional, and efficient manner.
Depending on each legal case, the fees for filing probate vary greatly. Typically, attorneys’ fees for estates with values of $40,000 or less is about $1,500 dollars.
Estates without a valid will are defined as “intestate” estates. Florida Probate laws dictate specific actions that must be taken in this situation. In Florida, if there is a surviving spouse and no children, then the entire estate is given to the spouse. If there is a surviving spouse and children, the first $60,000 and one half of the remaining estate assets go to the spouse first. Then, the rest of the estate goes to the children.
Overall, it is better to create a valid will to make the probate process easier for your loved ones in Florida.
For more information on Florida Probate Laws, please visit the Florida Probate Attorney.
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Various Manifestations of Fraud
Posted on 30. May, 2010 by Admin.
The wide scope of what fraud means is covered by its definition as a deceptive measure that is taken intentionally with the purpose of gaining personally or damaging someone else’s reputation and life. The legality of the term ranges from jurisdiction to jurisdiction. Any fraudulent activity is considered to be a criminal undertaking. The most common type of fraudulent activity is regarded as that which involves money. There are, however, other types of fraud that take place in various industries that range from science to art.
Application in Technology
The crime of fraud constitutes a variety of ways through which it can be carried out and these include the mailing system as well as online and telephone networks. With the continuous advancements in computer technology and Internet accessibility, computer fraud continues to gain popularity because it is phenomenally easy to access people’s personal information and navigate through the World Wide Web without ever being caught. Gathering information online has proved to be an easy task for many criminals.
Applications in Individuals and Companies
When individuals or companies are unable to pay off their debts, they can legitimately be declared bankrupt. By petitioning for a bankruptcy declaration, creditors are able to get at least a portion of what is owed to them. It is more common for individuals themselves to declare bankruptcy.
The unlawful claim of government funds is referred to as benefit fraud. Fraud is punishable by law and there is a provision for it in the American legal system. As time goes on, a variety of criminal offenses continue to be added to the growing list of unlawful activities.
Other fraudulent activities include those in which people lie about their living arrangements by alleging that they live by themselves. It is also becoming increasingly common for people to try to gain from non-existent property and false accounts of what they earn.
A number of jurisdictions require people to prove their claims beyond a reasonable doubt before any request for funds can be approved. This means that there must be adequate proof that backs up all the claims for damages.
This article is absolutely not intended for legal advice.
For more information on fraud, visit the Law Offices of Michael Lowe, an experienced Dallas attorney.
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Construction Zone Related Accidents for Big Trucks
Posted on 06. Apr, 2010 by Admin.
As a driver, you know that one of the places you must pay especially close attention on the road is in a construction zone. With lane closures, shifting roadways, and narrower spaces, it can be incredibly dangerous if you do not slow down and handle your vehicle carefully. Now, imagine the dangers that arise when a truck driver does not respect a construction zone. There are any number of potential accidents that can occur in a construction zone – here are some to watch out for.
Truck Laws in a Construction Zone
A truck driver is one of the most highly trained drivers on the road, with the Smith System in place to ensure they understand the exact distance between cars, speed, and rules when they enter a construction zone. Because their actions in a construction zone can be that much more dangerous than those of any other vehicle, they are immediately held liable for any potential accidents that can happen because of their driving.
Laws for trucks are the same as for other drivers, but they are enforced much more strictly, down to the exact letter. Speeds must be followed, proper distancing is vital, and remaining in the lane is absolutely required.
Accident Risks in Construction Zones
The risk of an accident in a construction zone should be low if everyone follows the road carefully, lowering speed to match posted reductions, and staying far from other cars. There may be stop signs, flaggers, or lane shifts as well, which should all be handled with special care. If a truck driver ignores these safety precautions, they can destroy infrastructure or harm workers, as well as other drivers.
Anyone driving through a construction zone will encounter a number of potential risks to themselves and their passengers if a truck driver is being irresponsible. If you find yourself in such a situation, try to create as much distance as possible between you and your fellow driver. Do not put yourself at increased risk of accident. If a truck accident does occur, you should not take this article as legal advice – contact a personal injury lawyer immediately.
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Living Will
Posted on 02. Mar, 2010 by Admin.
- Right to self determination
- Healthcare options
A living will is a legal document which contains specific orders on how medical treatments should be rendered once the person becomes incapacitated or unable to make decisions regarding their health. The patient or “declarant” explicitly expresses what he wishes in terms of life prolonging treatments.
A living will is a written consent which is also referred to as a health care directive, advance directive or a physician’s directive. Living wills are different from Living trusts and deal only with decisions made regarding a terminally ill patient’s treatment. These are very important in making a patient’s own wishes known when they are unable to speak or communicate with their friends or the medical team.
This is in relation to the medically accepted rights of a patient. Every patient according to the law has the right to self determination in terms of his medical treatments. When people are left in a permanent vegetative state and is able to continue living only thru life sustaining equipments like respirators for example, a patient thru a living will is able to express if medical treatments are to be continued.
The living will does not stop medical teams from performing emergency treatments during an accident. Patients who are rushed to emergency treatments still have the right to the full range of medical procedures.
In order to be effected; doctors must first determine if a person is terminally ill and there is no prognosis for recovering from such medical condition. The doctor must prove that the patient is only able to sustain life thru the assistance of medical equipments.
Doctors have the final say in terms of when the patient’s living will is to take effect. The living will does not take effect immediately when a patient is unable to express themselves during treatment. When patients become incapacitated due to an ongoing illness or unable to speak for themselves due to treatment, executing a health care proxy or health care power of attorney is advised. This gives a family member the consent to manage all medical treatments until the patient is able to determine their own health course.
Visit this website to learn more about Probate Law: Public Attorney Adrian Philip Thomas, Ft. Lauderdale, Florida.
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Automobile Insurance
Posted on 02. Mar, 2010 by Admin.
What is an Automobile Insurance?
Automobile insurance is a contract between a policyholder and an insurance company to cover losses that may arise from using or operating an automobile. An automobile insurance is not required but most states require drivers to acquire one. Having an automobile insurance is necessary to help protect yourself and your family from potential lawsuits and financial loss.
Different Types of Automobile Insurance Coverage
A policyholder has the option to choose among a variety of options available when buying an automobile insurance. The types of automobile insurance coverage include:
- Automobile Collision Insurance- covers property damage to your automobile caused by an accident and subject to deductible. This coverage is designed to provide payments for the repair or replacement of the damaged automobile after a car accident. Fault is not an issue.
- Comprehensive Insurance – provides coverage for damages to or loss of a vehicle by an incident that is not caused by a collision accident and is subject to deductible. This may include theft, fire, explosion, hail, wind, or flood. It does not cover any loss or damage due to any mechanical or electrical breakdown, wear and tear or injuries from drunk driving.
- Liability Insurance – covers damage to another person’s car or medical injuries suffered by others as a result of an accident with you. This coverage pays for the medical costs, lost wages, personal injury and property damages to other parties.
- Medical Coverage – this pays for medical expenses of your personal injury directly related to an automobile accident, regardless of who was at fault.
- Personal Injury Protection – this covers the medical costs of the driver, regardless of who was at fault in the accident.
- Rental Reimbursement –this covers the cost of a rented car while your car is still being repaired after an automobile accident.
- Under-insured or Uninsured Motorist – this covers automobile damages and bodily injuries to the insured driver with someone who caused the accident and that someone lacks sufficient coverage or has no coverage at all.
It is important to choose a policy that meets your personal and financial needs, and also choosing a company that will compensate you properly in the event of an accident.
For more information about auto insurance policies, visit the website Ned Kimmelman. Serving clients in South Florida.
Please note that this article is not intended as legal advice.
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Brain Injuries among Boxers
Posted on 27. Feb, 2010 by Admin.
Athletes are prime candidates for developing brain injuries. Sports involving constant head bumping have greater risk. The most common one is boxing. Boxers experience repetitive high energy blows. This causes a slow development of structural changes within the brain stem. The longer the duration of such experience increases the risk of brain injuries. This is why boxers, who have started the sport at a very early age and have fought significantly numerable number of fights, have great chances of developing such injury.
In diagnostic findings of randomly selected boxers, MRI revealed changes in periventricular white matter, undersized cysts in brainstem and cerebrum, subdural hematoma, and atrophy or degeneration of the frontal lobe. Moreover, several contusion and hemorrhage have been found in the MRI of 66 years old retired boxer.
There have been a lot of known boxers who have been victimized by the lethal consequence of the sport itself. Leavander Johnson suffered a traumatic brain injury after defending his lightweight title. He collapsed in the 11th round after receiving heavy beating from Jesus Chavez. He was rushed in the hospital and was operated to relieve the subdural hematoma in his brain. He was induced into a coma, but never woke up. After 16 years in professional boxing. Benjamin Flores died in May of 2009 when he fought for the super bantamweight division against boxer named Seeger. Seeger won the fight in the 8th round while Flores was hospitalized and died five days after the fight. In the same month, a Hungarian boxer named Nagy experienced a brain injury during his training. He was hospitalized with a diagnosis of a swollen brain. He had undergone 2 operations, but eventually succumbed to injuries and died. Probably the most well known death in the world of boxing was the fight of Duk Koo Kim and Ray Mancini in 1982. Mancini knocked Kim out in the 14th round and Kim never regained consciousness.
There are others, lucky enough to retire the sport without overtly seeing untoward manifestations of brain injury. However, there is a great chance that manifestations will begin to be manifest later in life.
For those thinking to enter the sport of boxing, we advise to think twice. You may earn a lot of money, but you may also loose your most important wealth – your health.
If you or a loved one has suffered from an accident resulting in TBI, find out more from Attorney Elan Wurtzel of Personal Injury Law Firm Wurtzel Law here.
This article is not intended as legal advice.
