Raleigh Criminal Lawyer

A sex crime refers to unlawful actions which can fall in either immoral, elicit, or unethical categories. As an individual can carry out these unlawful actions in regards to sexuality, the laws relating to such are categorized and tackled in different manner depending on the state. Sentences relating to sex crimes differ depending on the classification of the sexual crime as well as the cruelty and guilt of the offender.

Provided as a reference and for educational purposes only, contact an experienced Sex crime lawyer in Dallas for additional details.

The age of consent is an important aspect that influences the classification and sentence. The age of consent is defined differently in each state. Normally, the age of consent is 18; in some states, this is a main factor that affects the decisions. It is considered that a person under the age of consent is not capable of lawfully agreeing to sexual actions with an adult; thus, this action against a person under 18 is categorized as non-consensual.

There are two kinds of sex crimes: forcible and non-forcible. A forcible sex crime is performed with threat of violence. It may be the case when the victim was severely threatened or when a weapon was used. Even if the consequence to the victim is severe injury and not death, this act is still considered as forcible sex crime.

Forcible sex crime is also referred to as sexual assault. Normally, as long as there is threat of violence, any sex crime is forcible, except in cases when there are no victims.

Rape is the most familiar sex crime. Rape is the case in which the offender engages in a sexual act with a person who did not consent the action. There are various categories of rape. Statutory rape is one, where the offender is an adult and the victim is a minor. As the minor is under the age of consent, then he or she is not capable of giving consent to the sexual act.

Most of the time, people think that rape happens among strangers; however, the cases are not very common. Actually, statutory rape (which was previously mentioned), marital or spousal rape, and date rape are the usual cases of rape. These cases happen when a person engages in sexual actions without consent from their romantic partner, spouse, or a date.

Non-forcible crimes, on the other hand, are sexual crimes such as possessing, distributing, and producing illegal pornographic material. Voyeurism is also a form of non-forcible crime.

Note: The information in this article is not intended nor should be considered legal advice, provided by The Law Offices of Michael Lowe, which provides legal services in the area of sex crimes and associated offenses.

Overview – Both felonies and misdemeanors are criminal acts. A felony is generally a more serious offense. Conviction of a felony charge typically results in greater punishment being handed down. The difference in the type of crimes is not always clear and can vary from jurisdiction to jurisdiction.

Information by Michael Lowe, the Dallas Criminal Attorney – provided as reference and for educational purposes only.

Misdemeanors – Generally speaking, misdemeanors are punishable by fines, community service, probation, or incarceration lasting less than 12 months. These are commonly less serious offenses including, but not limited to:

• Most Traffic Offenses
• Petty Theft
• Trespass
• Public Intoxication
• Simple Assault

Traffic offenses committed while in the commission of another crime or those traffic offenses resulting in great bodily harm may be classified as felonies. Petty theft is usually identified by the value of the item stolen. Trespassing usually means not only the unlawful entering of private property, but it can also include walking on or living in property belonging to others. Public intoxication often includes the offense of being drunk and disorderly, but in some jurisdictions may include any display of public drunkenness.

This law generally applies to intoxication by both alcohol and drugs. Simple assault is the term most often used to imply assault on a person where no serious bodily harm is intended. The invasion of another’s personal space may be considered a simple assault. In most states, any assault on a law enforcement officer, social worker, or politician rises to the charge of felonious assault.

Felonies – In the United States, felonies are criminal acts punishable by more than one year in jail. Conviction of a felony act may also result in substantial monetary fines. A felony conviction may also seriously impact one’s chances of obtaining a job, being granted credit, and may preclude admittance into most colleges and universities. Felonies include the following offenses:

• Possession of Schedule II Narcotics
• Grand Theft
• Aggravated Assault
• Rape
• Homicide
• Tax EvasionTreason
• Fraud
• Kidnapping

Schedule II narcotics include cocaine and methamphetamines. Grand theft is generally determined by the value of the item taken, but in most jurisdictions that value is considered anything greater than $500.

Aggravated assault typically occurs when the perpetrator has the intent to cause serious bodily harm to another. The use of a weapon generally elevates any simple assault to aggravated assault. Rape, homicide, and kidnapping are among the other crimes against persons that are considered felony acts. Punishment may range from incarceration to execution. White collar crimes generally include acts of lying, cheating, swindling, and stealing. These felonies do not result in bodily harm and are often perpetrated by individuals operating in the realm or pretext of conducting business.

Burglary is a crime that is often confused with robbery, or the forceable taking of property from another person, and theft, the simple removal of property without consent.

This article has been provided for informational and educational purposes only, contact a Dallas Criminal lawyer for additional information.

Burglary, dating back to its original common law definition, is defined as breaking in or gaining unlawful access to a property with the intent of committing a crime, whether the crime is committed or not. However, the definition of these terms has expanded throughout the years, leading to a more inclusive definition of the crime in many jurisdictions. In some cases, no physical break-in has to occur for a burglary to be committed; access to property gained by threat or fraud could still be burglary. In some jurisdictions, there does not even have to be an intent to commit a crime in order for burglary to occur; in Maryland, for example, the simple act of breaking into a residence or other structure, even without intending to commit a crime, is still treated as fourth-degree burglary. The definition of this crime, therefore, varies according to what jurisdiction one is in, which is why residents of states are responsible for knowing how state laws could apply to them.

United States Burglary Definitions

In the United States, burglary generally refers to trespassing and theft, breaking into a building or vehicle such as a car, or unlawfully remaining in a location in order to commit a crime. While this crime is often theft, burglary can also be a component in crimes such as vandalism and kidnapping. Even when nothing is physically taken, burglary can still be prosecuted as a misdemeanor or felony, although state laws vary as to what constitutes burglary. In some states like California, burglaries committed at night are punishable with heavier consequences than daytime burglaries, and burglaries of residences are more harshly prosecuted than commercial burglaries; generally, this is in terms of constituting different degrees of felonies.

Other states make other distinction as to degrees of burglary. In Kentucky, burglary itself is always a felony, regardless of the degree of the intended crime. Third-degree burglary in Kentucky refers to breaking into any building, breaking into a residence constitutes a second-degree burglary, and first-degree burglary occurs when the perpetrator is armed or intends to cause bodily harm to someone in a residence. In New Hampshire and Florida, burglary occurs when a person enters either a structure, or a secured section of one, with the intent to commit a crime, unless the structure was open to the public at the time, or if the person was allowed or privileged to enter the structure.

An error, negligent act or omission of duties in the work environment may result in professional liability against the employer, not the employee. This may have legal standing even if there was no intent by the employer to cause harm. This may seem unfair; however, two basic concepts may cause professional liability.

In most cases, employers are considered responsible for directing employee behavior on the job. Consequently, employers have a shared responsibility for good and bad behavior. Since an employer can reap the rewards of employee labor – i.e. profits – that same employer has a legal liability if employee behavior causes harm.

Another reason employers are subject to professional liability is which party is more likely to compensate the injured person. The legal system is designed to make the injured person whole. Assigning liability to the employer provides the best chance to fulfill that goal.

Situations That Can Lead to Professional Liability

Several situations may introduce the possibility of a professional liability claim against an employer. Job-related accidents are those that occur during the course of employment. Hiring or retention negligence occurs with acts outside the scope of employment. Workplace harassment that violates federal law may also lead to professional liability.

Job-Related Accidents

A negligent act that may result in professional liability is linked to job-related behavior authorized by the employer. Additionally, even if the employer does not directly authorize the act, the employer is typically responsible if the employee was acting within his or her job capacity.

This legal distinction outlines a difference between a job-related accident and an accident the employee causes that is unrelated to his or her job. There are also other job-related accidents that may qualify for a worker’s compensation claim, rather than a liability lawsuit.

Hiring or Retention Negligence

An example of hiring or retention negligence is holding the employer liable for an employee’s criminal conduct outside the scope of employment. The legal basis presupposes that the employer was careless in hiring a criminal for a job that exposed others to harm. Technically, the employer unnecessarily exposed potential victims to the employee without performing a thorough background check.

Workplace Harassment

Workplace harassment has become a problematic source of professional liability for employers. Violations of federal laws for discriminatory practices based on a person’s gender, religion, age or national origin may constitute workplace harassment. Additionally, retaliation against an employee for participation in other violations of employment issues may lead to a professional liability case.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorneys Searcy, Denney, Scarola, Barnhart, and Shipley P.A. provide focused legal counsel and representation related to Professional Liability, and has provided this for informational purposes only.

Many mothers wish to give birth as naturally as possible and the mention of a c-section may not necessarily be welcome, especially considering the fact that many may have planned a natural birth both mentally and physically. However there are situations and circumstances that a c-section may well be required in order to avert any possible or potential complications that may be prevalent or potentially arise. This does not take away from the fact that research indicates an increase in elective c-sections, as well as recommended c-sections required in order to avert the mentioned possibility of any complications.

Why Women Have C-Sections

While some women elect birth by c-section, there are a number of possible reasons as to why a physician would recommend a c-section to his expectant patient. Aside from the danger to the baby or mother, repeat c-sections (VBAC – vaginal birth after cesarean) are generally recommended as a precaution to uterine rupture.

Pre-existing conditions of the mother such as hypertension, preeclampsia, uterine rupture, and sexually-transmitted diseases that can pass through the placenta into the baby’s system as well as HIV-infection of the mother could indicate that she is a candidate for such surgery.

Complications of C-Section

Cesarean section is considered to be a major abdominal surgery and therefore may present risks to both mother and baby. The biggest risk for the mother is that of infection. However, the risks could possibly multiply in the case of the unborn baby.

Potential Risk of Injury to the Baby

Like any surgical procedure, delivery by c-section can be potentially dangerous to both mother and child; however the baby is also exposed to risks such as an adverse reaction to the anesthesia given to the mother; injury as a result of incision and removal from the mother’s womb; breathing difficulties; and Type 1 diabetes.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

A brain tumor is the term used to describe abnormal cellular growth within a brain that can either be cancerous or non-cancerous. This can defined as any intracranial tumor that is created by uncontrolled cellular division within the brain, itself, (involving glial cells, neurons or blood vessels, in brain envelopes (meninges, skull pineal and pituitary glands) or by the spreading of cancer located in other organs (such as metastatic tumors).

“True” brain tumors (primary tumors) will usually be located in the posterior cranial fossa (in children) and in the anterior two thirds of the cerebral hemispheres (in adults) – but any part of the brain can be affected.

In 2005, it was estimated that, in the United States, there were 43,800 new brain tumor cases which accounted for 1.4% of all cancers reported, 2.4% of all cancer deaths and 20-25% of all pediatric cancers. It’s estimated that 13,000 fatalities, in the United States, are attributed to brain tumors annually. These estimates have been provided by the Central Brain Tumor Registry of the United States, “Primary Brain Tumors in the United States”, Statistical Report for 2005-2006.

Symptoms of brain tumors can depend on 2 factors: tumor size (volume) and the tumor location. The time point of symptom onset, in the course of disease, will correlate, in many cases with the essential nature of the tumor (“benign”, or. slow-growing – late symptom onset, or malignant, fast growing – early symptom onset) and is the usual reason for seeking medical attention in most brain tumor cases.

Large brain tumors or brain tumors with extensive swelling (edema) will inevitably lead to high intracranial pressure (intracranial hypertension) which will present as headaches, altered consciousness (coma, for example), vomiting and pupil dilation on the side of the head where the tumor is located. Even smaller tumors, which obstruct the passage of cerebrospinal fluid, may bring about early signs of intracranial hypertension. This condition may also result in herniation of certain parts of the brain (such as temporal uncus and cerebellar tonsils) that can cause brainstem compression – which, in some cases, may be lethal. In children, the elevated intracranial pressure may bring about an increased skull diameter and bulging of the fontanelles.

Please note that this article is for informational purposes only and is not intended as legal advice.

Brain tumors can be extremely serious and may involve extensive, debilitating medical treatment. For further information, contact Social Security disability lawyer Gerard Lynch, regarding SSI/SSD claims in Lufkin, Texas.

So, you have finally decided to start your own business. To give you a head start, you need to understand the basics of how a business works. Here is a quick overview:

What is a Business?

A business, also referred to as a company, firm or enterprise, is a legal organization that provides services or goods to people. Most businesses are privately owned and business owners have the common goal of earning profit from the business.

Different Forms of a Business

• Sole proprietorship. This form of business is owned by only one person.  The business owner may choose to operate on his or her own or may choose to employ others to run the business. The owner of the business is the only one liable of the debts that may incur by the business.
• Partnership. This form of business is owned by one or more people. Classified into general and limited partnership. General partnership is when the partners have unlimited liability for the debts incurred from the business. Each general partner has an equal right to participate in the management and control of the business. With limited partnership, each of the partners will have limited liability for the debts, limited to the contribution each has made to the partnership.
• Corporation. This form of business is owned by multiple shareholders with board of directors that oversee the business. They hire people to manage the business. A corporation can either be organized for profit or non-profit and is operated as a separate legal entity. The debts and liabilities of the corporations are also separate from those of the owners.
• Co-operative. This form of business, often referred to as “co-op”, belongs to the people who use the goods and services of the business. It is a limited liability entity that can organize for-profit or for non-profit. As opposed to shareholders of cooperation, co-op has member-owners who share equally in the control of their cooperative and in the share decision-making process.

If you are starting your own business, you may need to consult a qualified business lawyer to help discuss with you the different forms of business and to help you determine what form of organization best fits your needs.

Additional Legal Information: Business Lawyer Ned Kimmelman. Serving Clients in South Florida.

The information on this article is not intended as legal advice.

•  Types, causes, and symptoms of traumatic brain injury
• Identifying traumatic brain injury by cause, spread and severity

The classification of traumatic brain injury (TBI) is a vital step in diagnosis and treatment, and often plays a key role in legal investigations following the event. TBI can be classified three ways: by cause, by location, and by severity.

Classifications by cause

While TBI generally results from external force, the injury itself doesn’t always occur immediately after the impact. When the brain is injured on contact, the TBI is referred to as primary. Primary TBI can result from skull fractures, scalp injury, and surface contusions. Sudden acceleration-deceleration, common in motor bicycle accidents, can also cause the brain to move around in the skull, leading to TBI.

Secondary TBI can occur as late as several days after the accident. In this case, the injury is caused by impairment or hemorrhage in another area, which may limit blood flow to the brain, put increased pressure on the skull, or both.

Classifications by location

A relatively new classification method, this actually refers more to the spread of the injury than to its location. Under this classification, TBI is considered either focal or diffuse. As the name implies, focal injuries affect a particular part of the brain. Most primary injuries are also focal injuries.

Diffuse TBI, on the other hand, may cover a larger area in varying degrees of severity. They are more commonly caused by internal damage, often the same factors that create secondary TBI. Examples include whiplash, vascular injury, and meningitis. Focal and diffuse TBI often occur together, with the latter manifesting at a later time.

Classifications by severity

TBI can also be classified as mild, moderate, or severe. This classification is mainly used to identify treatment options and provide a prognosis. It is usually determined by neurological function (measured according to the Glasgow Coma Scale or GCS) and the duration of unconsciousness.

 The GCS measures consciousness according to eye-opening, motor, and verbal responses, on a scale of 3 to 15. TBI is considered mild when the reading is from 13 to 15 and the loss of consciousness (LOC) lasts 30 minutes or less. Moderate TBI means a GCS level of 9-12 and LOC lasting no more than six hours. Severe TBI is defined as a GCS reading of 8 or less, and more than six hours of LOC.

 This article is not intended as legal advice.

Additional information available from the Law Offices of Elan Wurtzel, P.C.. Serving clients in Plainview, New York

Sleep deprivation is a disorder that is generally defined as not having enough sleep or lacking the ability to achieve a healthy amount of required sleep. This condition can be either acute or reoccurring (chronic). Studies with lab animals (and noted instances in humans) have shown that severe and extensive sleep deprivation will inevitably lead to death. Less severe, chronic sleep deprivation can lead to sleepiness during normal waking hours, weight loss, fatigue, impaired judgement and clumsiness.

Fortunately, for humans, a complete absence of sleep cannot be maintained over an extended period of time, as brief periods of sleep (micro-sleeps) are unavoidable.

Cognitive brain function is adversely affected when the subject is deprived of normal sleep. A study, in 2000, used a technology known as Functional Magnetic Resonance Imaging to monitor the brain activity of sleep-deprived test subjects. This study indicated that regions of the (brain’s) prefrontal cortex increased their activity in subjects who were the sleepiest – depending on the complexity of the task being performed. This was interpreted as the brain’s method of compensation for sleep deprivation’s adverse effects.

The brain’s temporal lobe (which processes language) was shown to be inactive during verbal learning in sleep-deprived subjects as opposed to being active in rested subjects. In addition, the brain’s parietal lobe was more active, in sleep-deprived subjects, during these verbal learning tasks, than in rested subjects. Even though memory efficiency was lowered in sleep-deprived subjects, the increase in the parietal region’s activity was linked with better memory.

Another study, in 2001, suggested that certain serious diseases could be linked with sleep deprivation. These illnesses included heart disease and certain mental illnesses – such as bipolar disorder and psychotic episodes. This was further documented in 2007 in a Harvard Medical School study. That study showed (using MRI scans) that sleep deprivation cause an inability to place emotional events in proper perspective. This prevented the subjects from making controlled appropriate responses to emotional events.

Please note that this article is for informational purposes only and is not intended as legal advice.

For more information, visit the San Antonio Accident Law Firm website of  Todd Elias and Steven J. Gordon serving all Texas.

One of the first steps in resolving car accidents is determining who is at fault. A critical element in both legal and insurance aspects, fault often plays the biggest role in determining the outcome of a claim. Unfortunately, liability isn’t always clear and absolute. It’s not uncommon for two parties to share the fault and thus be held equally responsible.

Contributory and comparative negligence

In the past, if a person is found even slightly responsible for an accident, he or she isn’t entitled to any claims. This is known as “contributory negligence.” However, most states now use “comparative negligence,” which allows car accident victims to recover damages even if they are partially liable. Comparative negligence is classified into three types: pure, proportional at 51%, and proportional at 50%.

Pure comparative fault

Under pure comparative fault, an injured person who is found partially at fault is entitled to reduced damages. The reduction is proportional to the percentage of the person’s fault; that is, if one is found 75% at fault for the accident and claims $10,000 in damages, he or she will receive $2,500—75% less than the total.

Proportional comparative fault

This rule states that a car accident victim can file a liability claim only if his share of the fault meets a certain percentage. Some states have set the bar at 50%, while others have put it at 51%. This means that if a person is more than 50% or 51% at fault in the accident (depending on the state), he or she cannot recover damages for resulting injuries. In states where the 50% rule is in use, if both parties are 50% at fault, neither one is entitled to damages.

Determining percentage of fault

The degree of fault is usually determined by a claims adjuster from the insurance company concerned. The adjuster does not follow a mathematical formula; it is mostly a matter of negotiation between the victims and the adjuster. If the parties cannot reach an agreement, a personal injury attorney may be called in to negotiate for a lower share of the fault for his or her client. If this fails to resolve the problem, the case is brought into a court of law.

This article is not intended as legal advice.

More information available at The Barber Law Firm. Serving clients throughout Dallas, TX.