Distinguishing Between Domestic Battery And Domestic Assault

Posted on May 21, 2013 by

Definition of battery

There are different forms of violence, and for deciding the correct punishment to give for each crime, there is a need for classifying and defining them clearly. Giving such clear definitions will enable courts to award fair judgment in each case that they come across. Two such terms, which require clear-cut definitions to be given to them, are Domestic Battery and Domestic Violence. Often these two words are used interchangeably in conversations, but when settling a legal matter, the parties involved cannot afford such confusions. The battery definition law gives a clear definition of both these terms, which are briefly explained below.

Domestic Battery definition

Domestic Battery is, in simple terms, actual physical abuse. Such violent acts will leave some sort of mark on the body of the victim, in the form of cuts and bruises. If an act by a person results in an injury to another person, then that act is also referred to as battery. Domestic Battery refers to those acts that take place within the confines of a home. It includes violent acts of crime such as choking, pushing, slapping and punching. If a person was to throw an object or use weapons to attack, then that act of violence will also be called as battery. These types of attacks might warrant a bigger punishment from the courts though, as some additional charges may also be filed against the perpetrator.

Domestic assault

Assault can be referred to as an introduction to the actual Domestic Violence or battery. If a member of your family was to send you threats, intimating a future violent attack, then this act can be classified as domestic assault. It should be noted that, to classify an act as a domestic assault, the person issuing the threat should have the resources to carry out that threat.

battery definition explained

It also needs to be noted that the punishment awarded by the courts in battery and assault cases varies from one state to another. The crime of battery, in some states, it is considered as warranting serious punishment, whereas in other states, they elicit less severe penalties.

The battery definition law ensures that not all individuals who commit a battery crime go unpunished. It is important to know the definitions of these crimes, as this will improve your legal knowledge.

Exclusionary Rule Defined

Posted on May 13, 2013 by

Exclusionary rule explained

The exclusionary rule is a legal principle that protects individuals from improper search and seizures. Legal experts define exclusionary rule as a legal principle that excludes evidence obtained through illegal search and seizure. This rule was designed with the intent to check misconduct by police officers and government officials.

Source

The Fourth Amendment of the United States constitution is the source of the exclusionary rule. In short, the Fourth Amendment define exclusionary rule as a legal principle that protects a person’s house, documents and personal assets from being searched and seized unreasonable and illegally. In addition, the Fourth Amendment clearly states that no warrant may be issued without any probable cause. This way the exclusionary rule serves as a remedy to prevent any violation of the Fourth Amendment.

Fruit of the poisonous tree

The ‘fruit of the poisonous tree’ doctrine has a major impact on the way the exclusionary rule can be manipulated in criminal cases. This doctrine excludes from trial not only the illegally obtained evidence, but it also excludes any piece of evidence that was obtained because of the original illegal piece of evidence. The illegally obtained evidence obtained originally is the ‘tree’ and any other evidence or ‘fruit’ that the tree produces is excluded from trial in court.

Breaking the casual chain of evidence

The ‘purge taint doctrine’ allows an individual to break the casual chain of events and brings forth new evidence that is not connected to the ‘poisonous tree.’ By voluntarily producing new evidence, it is possible for an individual to purge the taint of the illegally obtained evidence.

Exclusionary rule and its exceptions

Exceptions to the exclusionary rule

Even though the exclusionary rule clearly excludes from court any evidence that was obtained illegally, there are certain exceptions wherein such evidence will be allowed. One such exception is the ‘good faith’ exception. Here the officers obtained the evidence relying on the search warrant in good faith and realized that warrant lacked probable cause only much later on. In such an instance, the evidence obtained will still be allowed in court. The ‘plain view doctrine’ is another exception. Here, officers are permitted to seize any evidence within their plain view even without a warrant and such evidence will still be admissible in court. The ‘inevitable discovery’ doctrine is the third exception. This doctrine allows in court illegally obtained evidence that could have otherwise been obtained through a regular police investigation as well.

For more info on the exclusionary rule, its different aspects and the various exceptions, avail the services of an attorney who has experience handling such cases.

A Short Note On The Duties Of A Criminal Defense Lawyer

Posted on May 6, 2013 by

Criminal defense lawyers in California

Most people associate lawyers with doom and gloom. It’s true that almost everyone’s wary of lawyers, but most people fail to realize that it’s these same lawyers that help them to prove their innocence. But then, though a lawyer’s job might be hectic and tiring, no one can deny that it usually pays highly. There are many fields where a lawyer can ply his expertise, and one such field is the area of criminal defense. Criminal defense is one such area, where if a lawyer manages to make enough of a name, he will be paid millions per year. Here are some details on how to become a criminal defense lawyer Los Angeles can be proud of.

Educational qualifications/ requirements

It is imperative that those aspiring to become a criminal defense lawyer be willing to work hard in college. Those who score high marks are usually selected to join good law firms and from there, they’re able to build a career in law. The qualifications that are required for an individual to become a criminal defense attorney in Los Angeles include a graduate degree from an American Bar Association-accredited law school, and passing the bar exam conducted by the state. If a person wants to practice in both state and federal courts, then he or she should pass this bar exam.

Los Angeles criminal defense lawyers

Criminal defense is a field that requires extensive knowledge in a wide variety of fields. This is also a field where a lawyer needs enough experience to prosper. Most of the criminal defense lawyers who are currently practicing have a background involving working in the office of a state or federal prosecutor. Working in the office of a prosecutor provides a great experience to those who are trying to be criminal defense lawyers themselves. They will be able to get a first hand experience and will be able to analyze the weak links in a case presented by the prosecutors.

These are some points that will help you in becoming a criminal defense lawyer Los Angeles can be proud of. But then, criminal defense lawyers are often the reason why innocent people who are convicted of crime, go unpunished. Remember that, these lawyers have a responsibility to the society too. So it’s not just the laws, but also the ethics that should guide you.

Guide To File A Motion In A Criminal Court In Orange County

Posted on April 29, 2013 by

Criminal defense lawyers

Located in the 9th Judicial Circuit Court, Orange County follows the Florida Rules of Criminal Procedure. A motion is a way of requesting the court to do something in order to advance your case. Generally, motions are filed before the trial begins. Such requests should be put in writing according to a specified format and should also be in no way unfair to your legal opposition.

Filing a motion in a Criminal Court in Orange County

According to state regulations, while drafting a motion it should include the file number of the criminal case and the name of the court in which you are making the motion. Both parties in the case should be named, that is, the name/names of your clients as well as prosecuting jurisdiction.
Make a strong argument in favor of your motion and list all statute law precedents and pertinent case laws to get your motion granted. The motion should be styled in such a way that the judge can easily identify what you are seeking. Either motions can be filed by the defendants themselves acting pro se to defend themselves or alternatively they can avail the services of a licensed criminal defense attorney Orange County. The law should be in support of the motion.
The original motion should be filed with the clerk of court. A copy of the motion should also be mailed or posted to the opposing lawyer in the case. If you are the prosecution and the defendant is representing himself, then you can mail the motion to the defendant himself. Enquire with the clerk about the filing and service fees that are applicable.
Discuss with the opposing counsel and schedule a mutually agreeable time for the hearing. Arrange for a motion hearing with the clerk court at this decided time.
Criminal defense lawyers in Orange County
Request the court clerk for a ‘Notice of Hearing,’ complete the form and then file it with the clerk. A minimum 5 days of notice period should be given to the opposing counsel.

Follow the above steps to file a motion in a criminal court in Orange County. It is always preferable that you avail the services of a criminal defense attorney Orange County who can guide you through the necessary procedures. For more information on the different aspects of filing such a motion, refer legal resources that are available online or check out the law section of your local library.

Guide To Choose A Criminal Defense Attorney

Posted on April 22, 2013 by

Criminal defense lawyer Los Angeles, Criminal Defense Attorney

Criminal defense attorney in Los Angeles

If you find yourself accused with false criminal charges, then avail the services of a criminal defense lawyer Los Angeles who can prove your innocence for you.

How to choose a Criminal Defense Attorney?

Contact your local Bar Association to get a referral. These organizations generally have services that will give you a list of names or one that lets you look for attorneys based on their specialization.
While looking for a criminal attorney, look for a lawyer who has experience handling cases such as yours. If you were accused for driving under influence (DUI), it would not do you any good to seek the services of a family law expert with little or no experience in trial.
Think about how you would like the trial to end. If you want all the charges cleared, then look for a lawyer with a track record of proven court room victories. On the other hand, if you simply want to cut the best deal possible, look for lawyers who have experience in plea bargaining.
Before you choose a criminal defense lawyer Los Angeles, ask questions. Ask him about his previous cases, how long he has been practicing, where he studied. Enquire about his charges and also how much you are expected to pay up front. Also ask him if would be the one handling your case or if it would be passed on to an associate.
You do not have to hand over your case to the first attorney you consult. Meet up a few more lawyers. If you know any lawyers, ask them to recommend their colleagues who can handle your case well.
Criminal defense lawyers
After you have shortlisted the lawyers, do a little background check through the internet. Check with the Bar Association to see if they are licensed and whether they have any disciplinary records against them. Also, check if they carry malpractice insurance. Compare the different lawyers and their prices before you make a choice.
Last but not the least, ensure that you are comfortable working with the lawyer of your choice. This does not mean that you have to like them, but they should be able to explain to you all the different aspects of the case, the best way to proceed and the consequences you may have to face.

Now you know how to choose a criminal defense lawyer Los Angeles. Keep these tips in mind while on the lookout for a criminal defense attorney who can best represent you.

Necessary Qualifications Of A Criminal Defense Lawyer

Posted on April 15, 2013 by

Criminal defense attorney in Los Angeles

Being a criminal defense lawyer is an arduous and challenging task. In addition to intense hard work and time investments, a criminal defense lawyer requires certain other qualifications as well in order to succeed in his/her career as a criminal defense attorney. A license to practice law, communication skills and critical thinking skills are only some of the many requirements for doing well as a successful defense lawyer. The flowing article describes these skills in brief.

License to practice

For practicing as a criminal defense attorney, the most important requirement is a license to practice law. In order to attain a law license, an individual should have seven years of post-secondary education. An individual should first get an undergraduate degree and then go on to receive a jury’s doctor degree from a reputed law school. In order to become familiar with criminal procedural laws, an aspiring criminal defense lawyer should choose criminal law and criminal procedural classes during law school. After successfully completing law school, he/she should clear the bar exam in order to get the license to practice law.

People skills

A criminal defense lawyer should have a good set of people skills. He should be able to interview the clients and interact with them; that is he should be able to communicate effectively. He should be patient enough to listen to the clients’ side of the story and discuss with him the various options so that he can take an informed decision. He also has to engage in various discussions with different judges and assistant district attorneys.

Skills of a criminal defense lawyer

Critical thinking skills

Be it criminal defense lawyer Los Angeles or Arizona, critical thinking skills are an indispensable necessity. Critical thinking skills are important because a trial brings out a lot of information that can sometimes even entirely change the strategy of the trial. For example, the defense attorney can either object when the prosecutor requests hearsay from a witness or he may lose the ability to appeal. In case the evidences by the prosecution were obtained in violation of the search and seizure rules, then it is up to the defense attorney to think up ways in which this evidence can be suppressed. Hence, the thinking capability of the defense lawyer plays a very decisive role in shaping how the trial proceeds.

These are some information on the different skills that a criminal defense lawyer Los Angeles should possess in order to be successful.

Legal Definitions Of Assault And Battery

Posted on April 8, 2013 by

Battery definition

Have you ever been treated in a violent manner by anyone? If so, then it is perfectly within your legal rights to sue the person responsible in a court of law. However, before you set out to file a case against that person, you need to understand some legal definitions, so that you will be aware of the situation that you are about to place yourself in. The battery definition law clearly gives an idea regarding what types of conduct can be classified as acts of battery and assault. If you had to suffer a brutal experience from other persons, then you are entitled to financial compensations that would help you to cover the medical bills incurred. You might even get a bigger sum if you were able to convince the judge or jury that you had suffered a great deal of mental anguish because of the conduct of the defendant.

Assault definition

Assault, even though the name might be misleading to some, need not necessarily involve a physical contact. It is a threat to the well-being of an individual, and that threat is relayed to this person by the offender. If you have ever been delivered a threat for not agreeing to some unreasonable or unjust behest, then you can file a case against that person in a court of law, citing assault as a reason. After an assault, the victim would feel fear and concern for his or her physical or mental well-being. Such threats are usually carried out with the help of weapons such as guns and knives, which could leave the victim in fear for his or her safety.

definition of battery

Battery definition

It is usual for people who are not aware of the legal definitions to mix up the terms “battery” and “assault”. However, when it comes to matters of the law, these two terms are widely different, and as such, care must be taken in order not to confuse their meanings. Battery can be, in simple terms, defined as the after-effect of assault. Assault is a threat to harm another individual, and battery is the action that results in harming the individual.

The battery definition law clearly states that for an action to be considered as battery, physical contact should have taken place between the concerned parties. It is important that one understand the legal definitions of such terms, so that they are not taken advantage of by other people.

Why Nolo Contendere Plea

Posted on April 3, 2013 by

No contest plea vs guilty plea

In general, an accused may enter three different pleas in response to the charges filed against him. The first is the guilty plea where the defendant accepts guilt for the charges against him and accepts the punishments meted out to him. The second plea a defendant may choose to enter is the not guilty plea. By entering a not guilty plea, the defendant wishes to deny the charges against him. If the defendant chooses to enter a not guilty plea, then the prosecutor is entitled with the duty of proving the defendant’s guilt.

Besides these two pleas, the defendant my also choose to enter a third type of plea known as the nolo contendere or the no contest plea. By entering such a plea, the defendant neither admits nor acknowledges guilt for the accusations against him. The term nolo contendere has been derived from a Latin phrase which means ‘I do not wish to contest.’ This legal term comes into play when a defendant charged with crime chooses to not contest the charges that he is accused with. In addition, by entering this plea he does not agree to accept the punishments for the crime that he is charged with. In all practicality, entering a nolo contendere plea is similar to entering a guilty plea.

While differentiating the nolo contendere and the guilty plea, one major reason why the accused choose to enter a plea of nolo contendere is to avoid being sued for damages in a civil lawsuit that maybe filed because of pleading guilty to a crime. In a large number of jurisdictions, as the no contest plea does not include any actual admission of guilt, the defendant cannot be sued for damages in a civil case. This way, what makes the nolo contendere vs guilty plea different is that the no contest provides for additional civil protection, which will not be available in the case of pleading guilty. As the nolo contendere plea comes with additional protection, court systems clearly specify the circumstances wherein such a plea can be entered.

Guilty and Nolo contendere pleas

Very often, the defendant enters a no contest plea because of a process known as plea-bargaining where negotiations are held between the defendant and the prosecutor. During a plea bargain, the prosecutor asks the defendant to plead guilty or not contest the charges in exchange for reduction of the charges against the defendant or for a lesser punishment. This way, the prosecutor can avoid an unnecessary court trial.

That was some information regarding the different pleas a defendant may choose to enter when faced with criminal charges. For more info on nolo contendere vs guilty pleas, refer online legal resources.

Aggravating Factors In Illinois

Posted on April 2, 2013 by

Battery and aggravated battery

In Illinois, according to the battery definition law, a battery is defined as any non-consensual physical contact that is insulting or provoking; or it can also be defined as causing great bodily harm to another. As compared to battery, aggravated battery is a more serious crime. Aggravated battery laws in Illinois are so stringent that just about any battery can be transformed to an aggravated battery case. Various factors make an ordinary battery aggravated and given are below are certain factors wherein a person can be said to have committed aggravated battery.

Factors to be considered regarding Aggravated Battery

If the defendant caused permanent disability or great bodily harm intentionally or knowingly
If the defendant used a deadly weapon
The attacker was hooded, masked or robbed so as to conceal their identity
If the injured person was on a public property or a public place of accommodation or amusement
If the victim was on a privately or public owned sports or entertainment area, community, stadium or convention hall
If the injured person is pregnant
If the victim was above 60 years of age
If the injured individual is physically handicapped
If the victim is a private security officer at work
If the injured person is an emergency medical technician who was at work
If the victim is the driver of a public transport or a passenger on the same
If the injured person was a judge and the defendant injured him intentionally for carrying out his official duties as a judge
If the victim was battered within a building that is used a domestic violence shelter
If the injured person is a taxi driver and he/she was on duty while the battery was committed
If the victim is a utility worker who was on duty
If the injured party is an employee or officer of the state of Illinois
Aggravated battery factors
If the victim is a teacher or some other employee of the school and they were within the school premises while the battery was committed
If bodily injury is inflicted on a merchant who detained the batterer for allegedly committing retail theft

These factors can be used to transform an ordinary battery case into a case of aggravated battery in Illinois. For more details regarding the battery definition law, it is important to have the right attorney who can also guide you with the procedures to be followed.

The Conduct Of The Police

Posted on April 1, 2013 by

Exclusionary rule definition

George has been in the force for the past fifteen years. In his long and distinguished career, he has seen it all- action, loss of partners, apprehending criminals and even a car chase. Nowadays to his regular duties, he also doubles up as a trainer at the police academy where he trains young officers in doing their duty properly.

“Proper conduct of a police officer” is one such class that he takes where he is required to train officers on how to conduct themselves in an investigation or when talking to civilians. It is here where he would define exclusionary rule and enter into a vocal discussion with his students.

No police officer has the power or authority to violate the privacy of any individual without first obtaining a warrant for the same. This warrant would be issued by courts after the police have succeeded in proving sufficient cause for searching a person’s place or person. However, many a times, the police would forget or ignore this provision and embark on collecting evidence against a person without a warrant. Such an action would result in the evidence being disregarded by the courts.

New Experience

It is at this point that most young students would cry out “unfair!” just as George did when he was a young gun. This provision was brought in as the fourth amendment to the Constitution to respect freedom and peoples’ right to privacy. Every Government agency had to be held accountable and no one could be above the law. This required the police to follow procedures while acting to protect the law and maintain order.

Police and exclusionary rule

There have been numerous cases where the police have without cause, abused their power and made life a hell for people. Now, in such cases, the exclusionary rule would come into play and restrain the officer from needlessly harassing an individual. If a person thinks that his rights have been violated by the police, he could take the department to court and seek damages.

Although, to define exclusionary rule is not very easy without incurring the skeptic looks of many, it has to be said that this rule is a landmark law that ensures liberty for all. There are of course, certain scenarios wherein the exclusionary rule may not be applied even if the police officer acts without a warrant. A typical case would be when the officer discovers evidence by coincidence and when he thinks that if he does not interfere, there could be serious harm done on another person.

At the end of the class, George knew his students would still be confused. That is why experience would define exclusionary rule better than a person would.