Understanding Sexual Battery 101

Aug 26, 2016 by

Forcing someone to have sex is a crime. In legal parlance, threatening or coercing someone to have sex is called sexual battery. According to the website of The Horst Law, sexual battery is sexual contact with any person through coercion or force. Usually, the action does not have the consent of the alleged victim. Sexual battery does not have to involve penetration or sodomy. It may involve just touching of an intimate part of the body.

Like other sex crimes, sexual battery involves lack of consent. Sexual conduct becomes a criminal act when sexual touch is not consented to because the action was against the will of the victim or is incapable of giving consent or reduced mental capacity to consent. To prove sexual battery, there are three elements that need to be present. First, there should be use of force. The defendant must have resorted to violence to force the victim to have sex with them. The factors surrounding the event will be investigated by the court to determine if there was indeed a threat.

The second element involves victims with limited mental capacity. A victim who has a mental defect cannot give their consent. In some states, the focus of the court will be on permanent mental deficiencies while some courts will protect victims of temporary mental deficiencies such as those drugged or intoxicated the victim.

The third element involves the age of the victim. Each state has set their own age of consent. In some states, the set age is sixteen while in others it is fourteen. The defendant can be charged with sexual battery if the victim is underage even if the victim agreed to the sexual contact. In some states, however, sexual contact with a minor above a certain age can only be considered a criminal act if the offender is older than the victim by a certain number of years.

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Avoid Getting Your Driving Privileges Suspended by being Insured

May 23, 2016 by

Drivers in the U.S. face the risk of having their driver’s license (and driving privileges) suspended if they are caught driving or get involved in an accident without auto liability insurance. Thus, showing proof that they have insurance coverage is necessary every time they renew their driver’s license and vehicle registration.

In the 38 “tort” or “fault” states, drivers are required to have the tort insurance coverage. In this type of insurance liability system, it is the car insurance provider of the driver liable in an accident which pays the innocent accident victim the compensatory damages. If the compensation is not enough to fully cover all the damages and losses suffered by the victim, then (victim) has the right to file a civil lawsuit against the at-fault driver for further claims. If both drivers, however, are proven to be partly at fault, then both pay each other, the amount of payment being based on the degree of their accountability in the accident. Compensation should cover cost of medical treatment, wages lost, and pain and suffering.

In 12 other states (known as “no-fault” states), the type of policy which drivers need to carry is the “no-fault” insurance coverage, an insurance liability system wherein drivers involved in accidents are paid by their own car insurance providers, regardless of who is at fault in the accident. These 12 states with the no-fault auto insurance laws include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah.

New Hampshire is, so far, the only state where drivers are not required to carry auto liability insurance, unless he or she has committed a serious traffic violation, like DUI or reckless driving, or has injured/killed someone in an accident where he or she is at fault. Without having committed any infringement in traffic rules, then filing an SR-22 or depositing securities or money with the state treasurer would be acceptable alternative to auto insurance coverage.

While carrying car liability insurance coverage in Virginia is a prerequisite to driving, the state, nonetheless, allows drivers to pay the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee in lieu of purchasing an automobile liability insurance policy.

Despite being a mandate, more than 29 million drivers, according to Insurance Research Council (IRC), continue to drive without car insurance for the simple reason that they find car insurance premiums a costly burden. The website of Hankey Law Office, P.C., however, tells drivers that being uninsured can prove to be much more costly than being covered, especially if they cause an accident. The firm also says that, by going online and requesting an independent firm for insurance quotes, then drivers will definitely find a policy that provides the kind of coverage that they need at a cost that will not hurt their pocket. Besides, asking for quotes and shopping for an insurance policy online is also much easier, faster and more convenient than personally going from one provider to another only for the purpose of comparing prices.

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Construction Sites and Electrical Hazards

Nov 29, 2015 by

When a property owner or general contractor sets up a work-site, they should be taking the appropriate precautions to avoid electrical hazards from showing up throughout the construction procedure, especially carefully. Nevertheless, this will not always occur, letting electric hazards by neglecting to observe to the safety of the site or to look through the entire building procedure, either from blunders made in planning the worksite itself.

Causes of Electric Peril Injuries

A harm from an electric risk may cause serious damage to a person’s internal tissue as well as harmful and very painful burns off in the purpose of contact. These injuries may require immediate medical care, which could show very expensive in several scenarios.

According to the website of Habush Habush & Rottier S.C., electrical dangers are not particularly unusual in construction function due to working closely with wires that are exposed or electric traces. Whether operating from nearby posts or underground, electrical lines must be clearly marked or blocked off throughout construction. In some cases, closing off particular lines’ electricity completely is mandatory. Failure clearly makes dangerous electrical risks understood or to provide workers with appropriate safety gear can result in harms that are quite significant.

Along with close proximity to electric lines, injuries might occur because of electrical flaws in resources and automobiles. Damaged wiring plus a deficiency of proper maintenance could make an otherwise safe instrument or car a possible risk for causing electrocution or making sparks.

Where to Go for Assistance that is Legal

Because labor law, section 200, states that the general contractor or property owner is to blame for providing employees using a safe work site, they may be held financially liable should there be an employee injured by means of a risk of which they should happen to be fairly aware.

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What Do I Have to Know About SR22 Insurance?

Aug 19, 2015 by

Count your lucky stars if you have never even heard of SR22 insurance. That means that you have never had to need it. But say that, like most of the world’s population, your stars haven’t always been consistently lucky and you now find yourself looking for the simplest way to explain to you what this kind of insurance is. Well, look no further.

Technically speaking, SR22 insurance isn’t even really a kind of insurance in the first place. According to the website of Habush Habush & Rottier S.C.®, SR22 insurance is a kind of document that you may present in order to prove that you are fully and financially accountable to legally drive a licensed, insured vehicle. Really, this is documentation that proves that you and your vehicle are insured, should anything happen while on the road.

There are many ways in which a person may suddenly have need of SR22 insurance. For example, you may have committed several offenses one too many times – or only committed one terribly bad offense once and that’s really all you need for this documentation to be required of you. It can, unfortunately, be difficult to secure this kind of coverage for the simple matter of the difficult circumstances that made this insurance possible.

A person who needs SR22 insurance, by implication of the need for it alone, can automatically be considered for a higher payment plan because of the increased risk. After all, insurance companies tend to grant those without an incriminating record a lower costing plan than one who, say, needs the SR22 document. These circumstances cannot be helped sometimes but just because something isn’t easy means that it is absolutely impossible.

Getting this kind of documentation doesn’t have to be too complicated.

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Toxic Mold Infestation

Apr 16, 2015 by

Toxic mold is one of the rising health hazards that people in America is facing today. With the number of diseases or illnesses that it mold spore inhalation can lead to, those who have fallen victim to mold infestation are looking for someone who should be held liable for failing to ensure the safety of the property. In determining the possibility of a lawsuit, the first thing you should look into is to see who is liable for the for the mold infestation. Liability may depend on whether the mold infestation occurs in a property that you own, rent, or is a public area.

If the infestation occurred in a place that you own, you have a number of parties that can be held liable. If your homeowner’s insurance does not cover for mold infestation, you can check whether the builder or contractor was negligent in ensuring the safety of the building or property. The engineer or architect can also be responsible if their design was flawed and gave way to the infestation. Other parties that can be liable are the construction supplier, property inspector, realtor, prior property owner, or the condominium association. You and your Tennessee personal injury lawyer should be able to prove in court that these parties was negligent in keeping the property safe from mold infestation.

If your place of work is the one who gave you health complications due to mold infestation, you have the right to file for worker’s compensation. Depending on your specific case, your worker’s compensation will help cover for your damages or prevent you from filing for a personal injury claim against your employer. If the liable party is a public agency, you may have to first enter an administrative claim in order to go to court. Getting the help and guidance of a lawyer could be highly beneficial, especially if you are not sure of the size and severity of your claim. There are states in the US that have their own laws regarding mold infestations. Because the classifications and explanations of the risks of mold infestations can differ, it is extremely important to research about the laws of your state.

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Common Birth Injuries

Feb 17, 2015 by

The most common birth injuries are the Erb’s palsy and the Klumpke’s palsy. These affect the upper and lower brachial plexus, which is aw chain of nerves responsible for sending signals from the spine to the nerves in the shoulders, arms and hands. According to the website of Pohl & Berk, birth injuries often occur when the delivery of the baby is forced too much – either using forceps or vacuum extraction – where the baby’s shoulders are impacted which results to these nerves being stretched or torn. They often manifest as limp or paralyzed arms, lack of sensation in the hand or arm, or lack of control in the muscles of the arm, hand or wrist. Erb’s palsy (Erb’s-Duchene palsy) occurs to the upper brachial plexus, while the Klumpke’s palsy (Dejerine-Klumpke’s palsy) occurs at the lower brachial plexus.

There are four general types of brachial plexus injuries, from the mild to the severe. The first one is the neuropraxia or stretch, the most common type of brachial plexus injury, where there is nerve damage yet they are not torn. Next is the neuroma where torn nerves have healed but the scar tissue hinders the injured nerves and prevents it from sending or receiving signals to the muscles. The third type is the rupture that happens when the torn nerves occur but is not at the spine. The last and most severe is the avulsion, where the nerves are torn away from the spinal attachment.

Some minor cases of brachial plexus injuries can heal within 3 to 4 months through physical treatment or sometimes surgery. The prognosis depends on the site where the injury occurred and the type of injury that happened. Severe cases need immediate surgery to reconnect the torn or stretched nerves, otherwise the recovery may not be possible. It is important to treat the injury immediately in order to regain control and movement and prevent further complications in the future.

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Sex Offenses

Jan 25, 2015 by

Sexual assault, also referred to as rape, occurs when the defendant intentionally commits a prohibited sexual activity without the victim’s consent.

There are a number of different sex crimes a person may be accused of. Most cases of sexual assault are second degree felonies. If convicted of a sexual assault, the defendant would face 2-20 years in state prison and/or be fined up to $10,000.

Sexual assault can be elevated to aggravated sexual assault if these situations occurred:

  • The accused caused serious bodily injury or attempted to cause the death of the victim
  • There were threats of serious injury or death
  • Kidnapping of the victim
  • A deadly weapon was used or present during the crime
  • The defendant had assistance during the crime
  • Rohypnol, ketamine, or another form of “date rape drug” was used
  • The victim was younger than 14 years of age
  • The victim was elderly or disabled

Aggravated sexual assault cases are ones involving weapons or threats of injury or death. This elevates the charge to a first degree felony, punishable by 5-99 years in a state prison. The minimum sentence is 25 years for a convicted person in the case of sexual assault involving a victim younger than six years of age.

According to the website of criminal defense attorney Mark Lassiter, if accused, a person will be required to list their name on the national sex offender registry. This may cause difficulties in the future by affecting job prospects, personal relationships, or where a person may live.

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Damages Awarded to Accident Victims

Oct 17, 2014 by

Under the personal injury laws in the State of Oklahoma, a person who has been injured by the negligence of irresponsible action of another can receive both economic and non-economic damages as decided by the court. In order to prove the fault of the other person, the process of discovery is pursued. Depositions (oral interviews) will be conducted by lawyers of both parties, and this will involved interrogating witnesses and examining the evidence. Among the presented evidence are medical records and bills, police reports, photos, and witness statements.

The comparative fault law that Oklahoma follows has an effect on the amount of compensation that a victim can receive. Under this rule, the victim can still have compensation even though they have contributed to the accident. The amount of award given by the court, however, will be reduced according to the percent of fault that the victim contributed to the accident, provided that it is lower than 50 percent.

It is fairly easy to compute the amount of compensation for economic damages, because it can be backed up with documents such medical expenses, repair bills, and estimated past and future lost wages. On the other hand, putting a dollar amount for non-economic damages can be more difficult. Non-economic damages are that ones that cover for physical and mental pain and suffering, emotional trauma, and loss of enjoyment in life. In order to help compute these damages, an Oklahoma personal injury lawyer would have to show the severity of the injuries, and physical limitations that they present, and the possibility of the injury being permanent. There are limits or “caps” to the amount of damages that the non-economic damages can provide, and you would have to talk with your lawyer regarding these matters.

Because most personal injury lawyers work on a contingency basis, personal injury cases are generally free of charge until the case is settled. Once the personal injury claim is solved, the lawyer will be paid in a pre-arranged percent of the awards given. The percent is usually the same to most lawyers, however, some do have higher percentage due to extra work done.

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Don’t Get Lost Without A Good Lawyer!

Aug 25, 2014 by

Do you have to go to court? If so, then you should understand that being prepared is the key to success. This includes finding and working with the best lawyer for your needs. Read the below article for some helpful tips on locating great lawyers to ensure that you win your case.

Before looking for a lawyer, define your question. Do you really require a lawyer? For most legal cases such as divorce, real estate or criminal, you fare better with a lawyer. Maybe you need a lawyer to deal with an estate. Maybe you just need a lawyer’s advice about a business matter, or something personal. Find the right lawyer to talk to.

Listen to your lawyer’s advice and remember they work for you. If you are uncomfortable with anything, don’t be afraid to speak up. Your attorney is one your side. However, you are but one of the many cases they handle.

Do not feel obligated to hire a lawyer because you met a few times and got some useful advice. You should sign a contract only after you agree on fees and feel comfortable with your lawyer. If you are hesitating because you have heard bad things about this lawyer or think the fees are too high, keep looking.

It is hugely important that you know exactly what your lawyer plans to do for you, according to http://www.pohlberkattorneys.com. They should lay it out in writing, preferably, before you sign on the dotted line. If they get you to sign a legal document they have drafted without explaining it, run the other way.

As you can see, the importance of finding the right lawyer is crucial for your success in court. Do not settle for mediocrity, especially when it comes to court. Arm yourself with the best lawyer that you can. Now that you have read this article, you should be able to do this. Good luck!

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Child Custody in Military Divorce

Jun 1, 2014 by

Among the most important, and often contentious, aspects of divorce is child custody. An article on The Majors Firm website characterizes divorce as a highly emotional and stressful undertaking, and this applies to military divorce as well.

Military couples and their children are often move about depending on the current deployment of the military spouse. Non-military spouses find it difficult to obtain and sustain employment precisely because of these frequent moves, and are often compelled to stay at home when there are children to provide them with the care they need. Because of this, the issue of child custody and financial support is not such a big problem when it comes to the terms of the divorce settlement, in contrast with civilian divorce cases.

In general, the stay-at-home spouse is granted child custody not only because that spouse has been the primary caregiver but also because the military spouse is always being deployed and may not even come home for a prolonged period. As a result, the military spouse rarely seeks or is granted sole custody of the children.

Because the non-military spouse is typically dependent financially on the military spouse, spousal support is commonly granted for a limited period until the stay-at-home spouse is able to find alternative housing and employment.  As to child support, some non-military ex-spouses feel that since they bear most of the child-rearing responsibilities as the military ex-spouse is unlikely to make regular visits, they should get larger child support payments.

There are other issues pertaining to military divorces that are not usually present in civilian divorces such as retirement and survivor benefits. It is important that the divorce lawyer retained to protect the interests of both spouses have experience in dealing with military laws that pertain to divorce.

Going through a military divorce is stressful, especially when kids are involved. If you are going through a divorce and need legal representation for your child custody case, contact a Raleigh divorce lawyer such as the Marshall Taylor Law Firm by visiting the website: http://www.marshalltaylorlawfirm.com/.

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