Juvenile Assault and Battery Charges

Assault and battery are classified as crimes against a person and are often prosecuted aggressively, even for juvenile offenders. Minors who commit assault or battery, or who already have a criminal history, are statistically more likely to commit these crimes in the future. Therefore the court often pursues aggressive remedial programs for juvenile offenders to discourage them from committing these types of crimes later in life. If you have been accused of assault or battery as a minor, it may be in your best interest to consult with a criminal defense lawyer to begin preparing your defense.

What is Assault?

Assault is classified as a violent crime and is the act of attempting to inflict physical harm upon another individual. Additionally, if an offender threatens another person with violence, and the victim believes that he or she will be seriously injured, the offender can be charged with assault. It is not necessary for a person to physically hit another to be arrested for assault.

What is Battery?

Unlike assault, the law requires that the offender make physical contact with the victim in order to be charged with battery. However, the contact does not have to be violent to be considered battery. Any unlawful physical contact that is made with another person without his or her consent can lead to a battery arrest. Battery may include grabbing, hitting, simply touching the victim, or any other unwanted physical contact.

Penalties

A juvenile assault or battery conviction may carry severe penalties, even for a first offense. The crime can range from a misdemeanor offense to a felony offense, depending on the details of the act. Some of the penalties that may be issued upon conviction include:

Time in a juvenile detention facility or prison
Probation, possibly including house arrest
Heavy fines
Community service hours
Enrollment in a treatment program and/or counseling
In addition, a juvenile convicted of any crime will have the burden of a criminal record. Having a criminal history can make it difficult for a minor to be accepted to an educational institution, apply for scholarships, find a job, or secure a loan, even years after a conviction. If you are a minor and you have been charged with assault or battery, or if your child is facing one or more criminal charges, consider speaking with a juvenile defense lawyer about your case.

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The People's Court- "Drunk Driving Related Damages" Part 1 [Drunk disciplinarian hits anchored cars!]

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What is Entrapment?

Question: What is entrapment?

Criminal Defense Lawyer: Entrapment is a defense raised by a defendant against a criminal charge that claims the crime would not have occurred if government agents had not induced the defendant to commit the crime in the first place. In other words, entrapment claims the police conceived the idea for the crime and provided the means, motive and or opportunity for the defendant to do the criminal act.

This is another case in which the defendant should carefully consult with his or her criminal defense lawyer about whether or not to raise the claim of entrapment. It does carry a risk as a defense, because the defendant is all but admitting that he or she did in fact commit the crime. Except that the government somehow caused the defendant to take the final step and cross over the law.

One famous example was a man who had sought out psychological help because he was strongly tempted to view child pornography. Upon learning this, the government set up a sting operation to lure this man into purchasing such material with repeated offers.

When he subsequently succumbed (and only then after receiving many solicitations) he was arrested for purchasing the material.

He was eventually found not guilty after he and his criminal defense lawyer raised the defense of entrapment. He claimed that the government conceived of the idea for the crime knowing that he had such a predisposition, and then induced him to purchase the illegal material.

Another famous case involved the car maker, John DeLorean. At the time, DeLorean's car company that made the gull-winged silver cars featured in the Back To The Future Movies, was in deep financial trouble.

Seizing upon this situation, undercover government agents approached DeLorean, who had no prior criminal record, with the offer to distribute cocaine with the promise that the money raised would be enough to save his car company.

Again, DeLorean was found not guilty after he and his criminal defense lawyer raised the defense that drug enforcement agents targeted him solely because they knew of his financial struggles, and felt he would be susceptible to an offer to engage in illegal drug trafficking.

An entrapment defense assumes a crime was committed, so it can be a risky strategy to make in court. It also almost always requires that the defendant testify on his/her own behalf, which is another risky strategy.

The defendant, not the government, bears the burden of proving that the crime would not have occurred at all if not for the actions of government agents. But under the right circumstances, a defendant and criminal defense lawyer may decide that it is the best approach to take.

COPYRIGHT(C)2007, Charles Brown. All rights reserved.

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Common Crimes in Society

The state of Nevada, like all the other states within the country, considers breaking the law to be a serious offense. In situations where people have been caught running afoul of the laws of the state, the services of an attorney are often required in order to provide them with effective representation in court. The nature of the attorney used will depend on the type of the crime committed. For people who are responsible or have been victim of acts of domestic abuse, a Las Vegas domestic abuse lawyer might be required. Hiring a Las Vegas domestic violence lawyer ensures that people are able to have their rights as a citizen upheld within the state. Alongside cases of domestic abuse, there are other crimes which are common with the state. A few of these include.

o Charges related to Drug use and control: The use and trafficking of drugs within the state of Nevada is rather high. It is therefore hardly surprising to learn that the state does not frown kindly on people who have been caught breaking this law. In the event of a drug related charge, the services of a criminal attorney from within the state will be required. The most severe of these types of charges are found amongst individuals who have been charged with producing and marketing banned substances. Such cases can often result in long jail terms if the victim is convicted.

o Driving Under the Influence: Drunk driving is one of the leading causes of road accidents and deaths within the state. DUI attorneys therefore work overtime representing the many citizens of the state who have been charged with this serious crime. Most DUI charges inevitably results in the suspension of the driver's license. If the charged individual is found convicted, he/she faces the possible options of paying a fine, spending some time in jail, engaging in community service or doing all three. The presence of a DUI conviction in a person's record will also go a long way in harming a person's credit ratings and social credibility.

o Incidences related to Violence: Assault and Battery are not just limited to occurrences within the home. They also are known to occur on the street. In the state of Nevada, instances where people have been charged with acts of violence will require the attention of a criminal attorney. These acts might be singular in occurrence or related to some other criminal charge-i.e. assault during a robbery. The defense of people who have been charged with such crimes is an especially important one as the results of the case will go a long way in determining the course of the person's life thereafter.

There are many other instances where attorneys might be required. In the end, what is of significant importance is that only attorneys with credible experience, education qualification and customer history should be hired? Although, the price of an attorney's services often plays an important role in the decision of which attorney people eventually hire, it is vital that people do not sacrifice quality attorney's services for cheaper rates.

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The Marshals 9/19

So...it's about three friends: Emeka, Jerry and Andy. Jerry (Van Vicker) is a lawyer who quits his job in Port Harcourt because he is missing his girlfriend only to return and find out that she is not happy to see him. Emeka has been fired from his hospital job for stealing eleven thousand Naira despite paying seventeen thousand Naira to secure the job in the first place and Andy is a US trained medical doctor who gets paid next to nothing working in a local hospital where he meets a guy called Braimor who offers him to join his "business enterprise" assuring him that this would be the best way to improve his situaton in life.... Starring: Emeka Ike (Andy) Van Vicker (Jerry) Tonton Dike (Kathy) Halima Abubakar (Silver) Ali Nuhu (Nick) Queen Nwokoye (Anita) Prince Eke (Emeka) Chukwuma Uchegbu (Braimor) and many more... PS: Am I the only one finding Ali Nuhu utterly ackward, stiff and annoying with his beloved wide legs pants? Not that I expected him to wear skinny jeans but...just saying! Kudos to Tonto Dike's hair, makeup and choice of clothes in the movie, Three words: Classy, Simple and well fitted. Kudos to Halima Abubakar too. Not only is she pretty she is also talented. She gave a very good performance in "Worst ennemy" back then and she's has gotten better! Kudos! So glad to see Emeka Ike playing something else than the Usual Lover boy's role. It's refreshing! As for Van Vicker...I might leave this one alone since his stans are everywhere ready to skin alive whoever ...



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Felony Defense Lawyer: Know Where to Find a Good One

If you have been convicted of a felony, it is important to get good representation. This kind of accusation can damage your life in general, which means that you need to get help fast in order to prevent any major issues. Find out the best way to find a good felony defense lawyer near you.

Many people use resources like friends and family to find a good attorney to represent them. However, you may not know anyone who has been convicted of a major crime, and even if you do, they might not be willing to tell you. Additionally, you might not want to tell everyone around you what you have been accused of, and understandably so. Unless you have a trusted friend or family member with experience in this field, it is probably best not to use this typical route to find a felony defense lawyer.

Instead, consider using a source that allows you to remain anonymous during your search for legal representation. The Internet is often the best place to go for this task since you can search on your own time without having to talk to anyone in person about it. Most lawyers have websites, so use a search engine to locate attorneys who specialize in this field. You can usually find out their mission, values, and contact information this way before you go in to meet with them.

Keep in mind that many people like to post reviews of merchants online, and the same goes for people who use lawyers. Once you find the contact information of the attorneys in your area, consider looking up reviews for each felony defense lawyer you see. You will learn who to give a chance to, and who to stay away from, saving you time and money. Many people offer plenty of details so you know what to expect before you meet with the attorney in question, while others just offer an overall rating, but either one can help.

If you need to defend yourself against charges, you will need a felony defense lawyer on your side. Finding a great one can offer peace of mind since you will usually have a better chance of winning your case than if you go with someone with little experience. Therefore, you should do some research before you choose the best person to represent you, since this can make the difference between winning the case or losing it.

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NC Structured Sentencing Laws Explained

In the mid-1990s North Carolina created a structured sentencing system for misdemeanors and felonies committed after December 1, 1995.

As a Raleigh criminal lawyer, I recently observed a case where the alleged crime had been committed in 1992, and in that case the defendant was sentenced under the old North Carolina sentencing system.

If you have questions about how structured sentencing applies in your case, consult with a criminal lawyer.

But for all felonies or misdemeanors alleged to have been committed after December 1, 1995, North Carolina's Structured Sentencing system applies. Structured sentencing applies state wide, whether you're in Cary, Apex, Raleigh, Fuquay Varina, or Asheville: the same rules apply. Federal crimes are handled by the federal courts under a different (and much more complicated) structured sentencing system.

But most criminal cases are state cases, so let's talk a little about how North Carolina's Structured Sentencing system works.

First, crimes are divided into "classes." Felonies start at Class A (First Degree Murder) which is punishable by life or death and go all the way down to Class I (the least serious, including many minor drug or theft offenses.) There are two Class B offenses - B1 and B2 that each are treated differently. Misdemeanors are handled separately, from Class A1 (the most serious, including Assault on a Female) to Class 3 (the least serious, including simple marijuana possession).

Second, individual defendants are assigned to levels. A Level 1 is someone who has no Class A1 or higher convictions. A Level 2 is someone who has at least 1 conviction point. And a Level 6 is someone who has 19 or more prior sentencing points. Level 6 is the highest, or worst.

Third, each class/level box has three ranges: mitigated, presumptive, or aggravated. Presumptive is where everyone starts. If there are mitigating factors - either statutory or common law - the judge may sentence in the mitigated range, which is better. If there are aggravating factors, the judge may sentence in the aggravated range, which is worse. If the judge doesn't find aggravating or mitigating factors to sentence in either of those two ranges, then the presumptive range is used. Most defendants are sentenced within the presumptive range. Note that there is also a way for the judge to deviate from the structured sentencing scheme if he finds "extraordinary mitigation". This rarely occurs, and usually it is done because the prosecutor agrees that there should be deviation.

Third, this is a truth-in-sentencing system. If convicted - either by plea or after a trial - the defendant will serve at least the bottom of the sentencing range, and as much as the top of the range. What happens is that the defendant goes into the DOC and can work off the good time, by cooperating, not getting into fights in prison, being a model prisoner, so that the DOC will grant good time. Over time the good time adds up so that the defendant moves down to the lowest end of the range.

North Carolina has done away with parole. Life means life. And and active sentence of 12 to 18 months mean the defendant will serve at least 12 months.

Even if the state's case is strong, there's a lot a Apex, Cary, or Raleigh criminal lawyer can do within the structured sentencing scheme to get a lesser sentence. The criminal lawyer can put together strong evidence that, in spite of the crime, the defendant has been otherwise a good citizen, with a family to support, good contributions to the community, perhaps church involvement, and other kinds of factors relating to the crime that mean the defendant should be given "the bottom end of the mitigated."

Or, in exceptional circumstances, the Apex, Raleigh or Cary criminal lawyer may be able to argue "extraordinary mitigation." This is rare, but possible and depends on putting on strong evidence at a sentencing hearing.

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Oklahoma Computer Crimes Act - crimes and misdemeanors

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. But in Oklahoma this on a much broader approach. From on-call by a minor and other Internet sex crimes to hacking and fraud, crimes in Oklahoma that are clearly defined by the Oklahoma Computer Crime Act (21 OS 1951 et. Fg.). § 1953 of the Oklahoma Statutes has the following offenses: (Part-List)

1. win intentionally and without authorization, or attempt to gain access to and damage, modify, change, delete, destroy, copy, use, disclose or take possession of a computer, network or other property;

2. Use a computer or other property as the purpose of preparing or executing a scheme or artifice with the intention to deceive, to mislead blackmailing, or receive for the purpose of checking or money, property, services or other thing of value by defined afalse or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or other property;

4. win intentionally and without authorization, or attempt to gain access to a computer, computer system, computer network or other property;

Under the Oklahoma law, these crimes are some misdemeanor offenses, but mostOffenses are crimes. Little things count:

• Access to a computer or network without authorization
• Do not use or allow the use of a computer service without authorization
to abuse • With a computer, computer system or computer network, threaten or harass another person

The six other crimes are crimes. Some specific examples of CPU crime includes Internet fraud, computer sexual exploitation, copyright piracy (illegally downloadMusic, for example), hacking and development and dissemination of viruses, worms, bots, spyware and malware.

Together with the improved access to computers and the Internet also comes increased responsibility for the ethical use of technology. Due to abuse of the privileges of the technology over the Internet sex crimes and other computer crimes, you risk the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma, may lead 30 to a maximum term of imprisonment ofDays in jail and up to $ 5,000 in fines. Oklahoma Computer crime crimes are punishable by fines of years of $ 5,000 to $ 100,000 and a maximum prison sentence of ten years. In addition, convicted are also subject to civil lawsuits and criminal charges.

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