Assault and Battery are often charged together, but it is important to note that they can be separate offenses. Assault refers to the threat of harm, causing reasonable fear to the victim, while battery refers to the actual act of harming. It means that when someone has threatened another person, this someone may be liable for assault, but not battery. If this someone has really harmed the person, he or she may be liable for battery.
The reason why assault and battery are almost always charged together is the fact that, most of the time, those who harm other persons threaten them first before committing the harming act.
The person threatening the other should have the means to pull off the threat, giving the other reasonable fear of harm. For example, shoving a gun in front of a person may be considered assault, because the gun is already there and the threatened person has reason to believe that he or she is about to be harmed.
But the presence of weapons is not just the factor that determines assault. Even mere threats of violence in the future can count as assault, especially if the person is believed to have the means and machinery to really harm the threatened person.
Battery is violent physical contact. If a person hits another with a baseball bat, cuts another with a knife, or punches another in the face, he or she may be charged with battery, especially if the physical contact has resulted into physical injury.
But take note that battery does not just involve the use of weapons and other violent acts. Even simple behaviors like pushing another person may count as battery. The key is that the person appears to have the intention to harm another, even if the victim has not been harmed in the most basic meaning of the term.
Since assault and battery can be very complicated, these charges may be exaggerated and misunderstood, resulting into unfair fines and penalties. These consequences can be serious and greatly affect the life of the accused. But according to the Law Office of Daniel Jensen, P.C., these charges can be defended. This proves that the law is willing to hear the sides of both accused and accuser, which is a good thing.
Walking has tremendous health benefits; this is the reason why, in 2013, at least four million Americans said they preferred to walk to the office, while 860,000 said they rode a bike. A report from the Governor’s Highway Safety Association (GHSA) on the number of pedestrians killed in traffic says, however, that there has been a six percent increase in the number of fatal accidents involving pedestrians during the first six months of 2015 as compared with the same period of the previous year: from 2,232 – 2,368.
While cars are now more crashworthy compared to 10 years ago due to the safety features these are now equipped with, these features protect drivers and passengers during a crash. Pedestrians, on the other, hand remain vulnerable and, with the rise in U.S. pedestrian fatalities, pedestrian safety continues to be a problem across the country.
The GHSA identifies the increase in the number of:
Based on a study made by Virginia Tech Transportation Institute (VTTI) researchers on accidents involving motor vehicles and pedestrians, it is reported that drivers of passenger vehicles are more distracted than ever. As expected, this very recent study corroborates results of studies conducted years ago which say that the ones most prone to engage in distracted activities while driving are younger drivers, particularly teens.
Though alcohol is still a major contributing factor to pedestrian accidents, accidents due to cell phone use is continuously on the rise. Though quite funny, but definitely exasperating, 53% of adults, according to the Pew Research Center (a non-partisan American “fact tank” based in Washington, D.C.) have bumped into something as a result of distracted walking; one man in La Crescenta, California even came within feet of a 400-pound black bear.
In 2013, about 150,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries, while 4,735 lost their lives. A pedestrian, as defined in the NHTSA’s Traffic Safety Fact Sheet, is any person on foot, walking, running, jogging, hiking, sitting or lying down.
As explained by Habush Habush & Rottier S.C.®, vehicle versus pedestrian accidents occur more often than many realize. An accident tends to have worse result, though, if the vehicle involved were an SUV or a truck because vehicles with a bumper height that is above the waist level has the tendency to throw a pedestrian forward and run over such pedestrian, resulting to more severe, if not fatal, injuries.
Perhaps the most notable bankruptcy in the recent decade is that of the infamous General Motors. As the poster child of the recession, it perfectly showcased the economic decline of the United States and its strong recovery since. From its controversial government bailout to its vast company overhaul, GM has managed to emerge out of bankruptcy stronger than it ever has been.
General Motors filed for chapter 11 bankruptcy on June 1, 2009, and was the fourth largest filing in U.S. history. Chapter 11 bankruptcy also known as the “reorganization” plan, allows for a company to retain ownership as a debtor in possession so long as the company be restructured and revitalized. The company was then completely reorganization from the bottom up, selling 4 of its 12 brands as well as undergoing a major brand marketing overhaul. From there, GM was able to secure its famous 51 billion dollar government bailout. The U.S. Treasury used the money to buy GM stock and thus flood it with investment money, however, the Treasury only managed to receive back 39 billion of tax payer money upon selling its shares. According to Bradford Law Offices, PLLC, the debtors reorganization plan must be approved by the creditors committee before approval of the application. The government was clearly well aware of General Motor’s business plan and whether the Treasury should of offered GM a loan instead of buying stock is still a debated topic today. After only one year, GM was able to raise 20 billion dollars at its IPO which was the largest IPO launched in history at the time.
From the depths of bankruptcy, GM has now been able to see huge profits earning 22.6 billion only 5 years after filing for bankruptcy. The bailout was said to have saved 1.2 million jobs and 34 billion in tax revenue, according to USA Today. The GM bankruptcy does raise the question whether a business can be too big to fall and its implication on a free market. Regardless, GM has returned from bankruptcy as a fine-tuned money making machine, making cars faster and better than ever before.
This is a day and age that is comfortable with zero accountability. People often use and misconstrue the concept of freedom of speech in order to spout out vile and hateful comments towards other people and expect to be allowed to do so, simply because they don’t hold themselves accountable to the effects of their words. This can be more dangerous when in a situation about the actions of people – and when they choose to be careless or negligent.
There are numerous ways wherein a person can be needlessly negligent and claim that it wasn’t their fault. A sleepy driver could cause a major road accident and refuse to claim responsibility due to lethargy being a natural state. An elderly person in a nursing home could be abused and never say anything but the people committing the abuse could get away with it because there wasn’t anyone there to notice the signs. There are so many ways in which a person could be injured due to the negligent actions of someone else and the one at fault gets away without being held accountable for it. Not only is this unacceptable but this is also unjust in so many ways.
Personal injury exists in order to combat this lack of accountability for it is the legal terminology used in order to define circumstances wherein one party was injured directly due to the negligence of someone else. According to the website of the lawyers with Pohl & Berk, LLP, the injury need not be physical as it can also take form in emotional and mental injury such as through clinical depression or Post-traumatic Stress Disorder (PTSD).
Sometimes, there are instances wherein some insurance companies actually approach victims who are without legal representation and tempt them with cash payouts that could cover the basics of the injury. It’s dangerous to allow and validate this lack of accountability for the sake of comfort. Doing what’s right is rarely ever easy but some battles are certainly worth fighting for— justice in your name due to personal injury is one of them.
Any serious accident is sure to leave victims physically scarred and dealing with plenty of consequences. In some cases, the impact of these consequences can last for a long time, such as in the case of disabling injuries. As noted on the website of the Law Offices of Yvonne Fraser, injuries like spinal cord damage and brain trauma are sure to limit the a person’s ability to return to their jobs and earn a proper income. As a result, many victims suffering from disabling injuries find themselves struggling financially.
Fortunately, these victims have several options with regard to receiving financial assistance. There are, in particular, the Social Security Disability benefits. Through two distinct benefits program established by the federal government, those who are suffering from disabling injuries can rest assured that they there are security blankets that will ensure they won’t be left vulnerable to the devastating consequences of the accident they experienced.
Social Security Disability Insurance or SSDI is the first option available for individuals with disabling injuries. The SSDI is specifically meant for insured members of the Social Security system. This means any contributing member aged 65 years or younger can qualify for SSDI benefits. It’s important, however, important to note that SSDI is awarded only to those that have been employed for enough time in order to make appropriate Social Security payment.
Those that do not fall under this category shouldn’t fret, because there is another option. The Supplemental Security Income or SSI is provided by the U.S. Treasury for individuals with disabilities that are 65 and younger and are either unemployed or don’t meet the requirement for Social Security payments mentioned above. The U.S. Treasury determines qualified individuals by checking if the person’s current income and means of living falls within the determined bracket for federal benefits.
According to the website of the Indiana Social Security disability lawyer from the Hankey Law Office, suffering from disabling injuries can be a real challenge, especially when considering the financial complications such an injury can easily cause an individual.
The tragic and unexpected death of a loved one will likely be the most painful experience that most people have to endure. The tragedy of this sudden loss can be even more traumatic if the circumstances surrounding a loved one’s death are fraught and suspicious. According to the website of Pohl & Berk, when a loved one’s death is caused by the negligence of another person, those left behind will also have to struggle with anger. Knowing that their loved one’s death would not have happened if not for someone else’s actions can bring a sense of injustice that only compounds the grief they are already dealing with.
This is where the law steps in to help grieving families receive the closure they deserve. Those whose loved ones had perished as a result of another party’s negligence can pursue legal action and file for wrongful death. Rhinelander personal injury lawyers would probably explain that wrongful death is a term that refers to legal claims that can be made by specific parties in the wake of a victim’s avoidable death. This means that any time an individual dies at the hand of another party’s reckless or negligent actions family members and other certain interested parties can lodge a case against those responsible for the incident. Through wrongful death claims, families can pursue for compensation covering medical expenses, funeral costs, loss of income, as well as for specific damages.
Aside from immediate family members, wrongful death claims can only be made by a victim’s common law partner, financial dependents, and those who stand to lose financial gain because of his or her death. The claim can be made against a single individual or to groups and entities such as hospitals and corporations. Those looking to file claims will have to do within a specific window of time called the statute of limitations. For most states across America, the statute of limitations is two years long.
Even as several states across America have chosen to decriminalize or even legalize the use of marijuana, there are still plenty of areas where possession could lead to serious drug charges. One such place in the United States is Texas. A Collin County criminal defense lawyer would probably inform you that carrying even small amounts of marijuana can lead to penalties that may severely impact an individual’s personal relationships and professional prospects.
The penalties for a marijuana possession charge depend on several factors. Sometimes, the court may decide on how a criminal offense will be served based whether or not the individual was previously convicted for the same offense. However, in Texas, the penalty for marijuana possession is mostly determined to be served by an individual will depend on the amount they were found to be on a person.
This means that a person carrying 2 ounces or less would face a misdemeanor charge and would be expected to serve up to 180 days in jail and pay a maximum $2,000 fine. For the possession of 2 to 4 ounces of marijuana, which is also a misdemeanor, an individual would like have to do up to a year in jail as well as pay maximum of $4,000 in fines.
Possessing marijuana in larger amounts than the aforementioned is already considered by Texas law as a felony. For carrying 4 ounces to 5 pounds, a person can be sentenced to about 6 months to 2 years in state jail, as well as pay a fine of up to $10,000. Marijuana that totals to 5 to 50 pounds often leads to roughly 2 to 10 years in prison and a maximum $10,000 fine. For 50 to 2,000 pounds of marijuana, the penalties could be spending up to 20 years in prison and a maximum fine of $10,000. For possessing more than 2,000 pounds of marijuana, a convicted individual can expect a life imprisonment sentence and paying up to $50,000 in fines.
The term “mineral rights” is used to refer to certain privileges awarded to property owners that give them control of any minerals that may be found on their land. This means that individuals whose properties are found to have minerals will be able to extract, sell, and bequeath whatever is found on their land for whatever purpose they may desire. These rights are true regardless if the mineral found in the property is organic or inorganic. Natural gas, coal, oil, and gemstones are just some of the many different kinds of materials that can be controlled by the property owner.
For those property owners to whom these rights are applicable, there is an important question that you will need to answer. It is often suggested that selling mineral rights can be a very worthwhile decision that leads to a number of benefits. To understand whether this assertion is true for you, we should take into account a few considerations and compare this popular decision with another one. If you are not willing to sell your mineral rights, is leasing your property and keeping hold of royalties for minerals mined there a better option instead?
Both these questions yield interesting answers. However, the first option still yields more benefits in the long run. Should you decide to sell your mineral rights, you will be able to receive immediate payout. This allows you to take advantage of high demands for a certain type of material. In comparison, leasing your property leaves you vulnerable to fluctuating demands. It’s very likely that the amount of your royalty payments could decline over time as demand for the minerals found in your property also reduce.
With that in mind, choosing to sell your property’s mineral rights can be a daunting task. As a result, it’s important that you find a qualified professional that will help you discern the technicalities involved in selling mineral rights.
Millions of Americans are suffering from some form of mental disorder. Among the most common is bipolar disorder, also called manic depression. While not as common, many Americans are also known to suffer from schizophrenia. Both are considered very serious illnesses, often requiring medication. Risperdal is an antipsychotic drug that is usually prescribed to help treat both disorders. Of the 54 million prescriptions for antipsychotic medication written in 2011, 23 percent had been made for Risperdal.
Developed by the Johnson & Johnson subsidiary Janssen-Cilag, Risperdal was first approved by the Food and Drug Administration in 1994. The drug works by targeting the brain’s neurotransmitters, restoring balance in the abnormal brain patterns characteristic of mental and mood disorders. Risperdal is supposed to help patients think a lot more clearly, thus allowing them to reintegrate with daily activities they may have had to withdraw from. Aside from bipolar disorder and schizophrenia, the drug is also prescribed by physicians as treatment for children with behavioral disorders, as well as any patient struggling with obsessive compulsive disorder, depression, and anxiety.
Despite the relief Risperdal offers to patients, there are many concerns surrounding the side effects caused by the treatment. As reported at www.williamskherkher.com/practice-areas/defective-pharmaceuticals/risperdal/, clinical studies conducted in the last few years show that taking Risperdal can be very risky for certain patients. In 2006, for example, the Journal of Clinical Psychopharmacology found that prolonged use of the drug in question can lead to gynecomastia. Other side effects include bone loss or demineralization, diabetes, hyperglycemia or high blood sugar, sexual dysfunction, and tardive dyskinesia or involuntary movements.
As a result, many legal experts are urging patients taking Risperdal to be careful about their intake and to remain observant with regards to side effects they might experience. Those harmed by the drug are also enjoined to pursue appropriate action against Risperdal manufacturers with the help of a qualified attorney.
Anything can go wrong at a moment’s notice. This is especially with driving, given that the United States Census Bureau noted that an average of over 10 million traffic accidents happened annually between the years 2005 to 2009.The website of Pohl Berk also adds how such accidents can cause devastating consequences that are sure to affect victims for a very long time.
Take, for example, this hypothetical scenario that is a common experience for most people affected by car accidents: A victim fortunately survives a devastating car wreck. However, she suffers severe injuries requiring a series of surgeries and a long road of treatment. In this time, the victim will need to take time off from her livelihood. Unable to earn an income, she and her family suffer great financial strain.
It is because of these situations that all motorists are enjoined to avail of certain safety nets that will ensure their well-being should the worst happen on the road. As a matter of fact, most areas in the United States require drivers to have access to such security measures. Before being allowed the privilege to drive, motorists will need to carry some form of car insurance policy that will allow them to mitigate any financial losses that are likely to occur should the worst happen while they are out on the road.
Drivers can pay for an insurance policy through monthly payments called premiums. According to Habush Habush & Rottier S.C. ®, paying higher premiums typically gives drivers more benefits for any accident that may occur. Still, those working with tighter budgets can still receive appropriate assistance after an accident.