Category: Legal

Reviewing Physical Assault-Based Offenses In North Carolina

In North Carolina, defendants who are charged with assault or similar charges could incur serious penalties. The circumstances of these offenses could increase their penalty based on their actions and the victim’s injuries. The following is a review of physical assault-based offenses in North Carolina.

How is Assault Defined in North Carolina?

Assault charges in North Carolina are defined initially outline unwanted touching of another person. However, the charges aren’t limited to success touching of the victim. Any individual who makes the victim fear for their lives or any threat of physical harm equates to an assault charge. The use of a deadly weapon to threaten the victim could increase these charges for the defendant. If the assault occurs as a result of an attempted rape, the defendant faces additional charges as well.

What is Battery?

Battery charges aren’t the same as assault. These charges require the defendant to acquire physical contact successfully. This includes a physical battery in which the victim sustained serious injuries due to an altercation or other physical dispute. Typically, the state charges the defendant with assault and battery together as one charge. These charges include a sexual battery in which the defendant is accused of touching the victim in an inappropriate manner.

When is the Offense a Hate Crime?

The assault or battery charge is defined as a hate crime if the defendant acted according to a dislike of a certain race, gender, religious affiliation, or sexual orientation. However, the state must prove that the defendant acted due to this prejudice.

What is Domestic Violence?

Domestic violence is defined as bodily harm that involves family members or anyone who has lived in the same household. The assault or battery charge is increased when these circumstances are discovered. They will lead to a protection order and additional penalties are possible.

In North Carolina, defendants face assault or battery charges based on the threat of or a successful assault against another individual. These charges may also include possible hate crimes and domestic violence. The circumstances of the charge define how it is prosecuted. Defendants who are facing these charges visit powersmccartan.com for more info now. … Read More

The Krebs Law Firm Injury Attorneys Can Help Clients Recover Their Due Damages

Those who have suffered injuries through no fault of their own are able to file a personal injury lawsuit against the perpetrator. If they can have successful litigation, they can recover damages from the injury or illness. However, much can wrong in trying to pursue a personal injury case. The best possible defense the injured can have is an attorney to represent them who is familiar with personal injury law. Krebs Law Firm Injury Attorneys are legal counselors who represent clients in personal injury cases in Missouri.

When considering a personal injury law suit, the first thing to keep in mind is that personal injury lawsuits in Missouri have a statute of limitations. In the state, plaintiffs have five years from the date of the accident to get the lawsuit filed in a Missouri civil court.There are times when people allow the time to slip by them. If the lawsuit is not filed within the five year window, any opportunity to have the case heard and to collect damages will be most likely be gone.

A complication that may arise in the lawsuit is that the defendant can try to prove the plaintiff to be partly at fault for the accident. This is called the pure comparative fault rule in Missouri. Any amount that the plaintiff is found at fault will reduce the damages received by the percentage the plaintiff is at fault. For example, if the plaintiff were to receive damages of $100,000, but was found 30 percent at fault, he or she would only get $70,000.

To prevent this from happening, the plaintiff should hire an attorney who has been successful in the past at litigating personal injury cases, and not only personal injury cases, but cases similar to the one being brought forward to them by you.

The law firm in Springfield, Missouri has been helping clients with personal injury cases for many years. In addition to personal injury cases, the law firm also represents clients for social security disability and workers’ compensation issues. If any individuals are interested in seeking an attorney for personal injuries, social security disability or workers’ compensation, they can visit the website at http://krebslawoffice.com .… Read More

Should You Use a Public Defender for Your DWI Case?

Being convicted of DWI is a serious offense with serious consequences. It will impact your right to drive and your life. You could well be facing jail time and fines. Your reputation will be severely damaged. Employers and landlords will be find out on the simplest background check. College admission and student loans could be jeopardized. You have a lot at stake.

When read the Miranda Warning, you heard that the state will provide an attorney at no charge. Before making a decision on whether to use the services of a public defender or to retain your own attorney, there are a few points to consider.

  • If you elect to use a public defender, you don’t get to choose your lawyer. The state will make that decision for you. The lawyer appointed for you may or may not have any experience with cases like yours.
  • You may or may not meet the financial qualifications for a public defender.
  • A DUI/DWI charges means that there will be two sets of hearings. One is an administrative DMV hearing which will determine whether or not and for how long your license will be suspended. The other hearing is in court and determines your guilt or innocence of the charge. A private attorney will be able to represent you at both, but a public defender will only represent you in court. You’re on your own at the DMV hearing unless you hire your own attorney for the DMV hearing.
  • A public defender is being paid by the government, not by you. Public defenders are bound by the same ethical constraints as private attorneys, but face a number of practical difficulties. A public defender is typically handling more cases at once, so has less time available to spend on any one case.
  • Do you intend to fight the charge or plead guilty? Public defenders are normally permitted to only bring so many cases to trial. The rest are plea bargained with the prosecutor. If you intend to fight the charge, you’ll normally be better off with a private attorney who works for you.

At Powers McCartan PLLC, you’ll find experienced DWI defense lawyers who will fight to win your case. Contact the firm today for a free case evaluation. The government wheels are turning – there’s no time to waste.… Read More