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Damage to my car, California A large tree branch fell on top of my car and damaged the roof (bent roof). Police was present and there is a police report describing the incident and my car's damage was noted in the report; according...

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falsely accused, California

Posted on : 02-03-2010 | By : Legal Information | In : Assault & Battery, Criminal Law, Domestic Violence, Legal Questions

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Hello, My ex has filed a false report of D.V. i am in trial as we speak she was drunk when she called the police i was no where near your city that night. she told the officer that i beat her up. the officer put a order on me and sol custody to her , i have full custody of my 6yrs old son and had him since he was one. i got full custody of him in the state of Washington she lives in California they don’t have jurisdiction over him and plus he was not in California with me. My question is i never did anything and with that i left her she has since sent me death treats text phone calls assaulted me to were cops are looking for her she did not show to trial on the charges they filed on me can i beat this

False Reporting

Posted on : 09-02-2010 | By : Legal Information | In : Assault & Battery, Criminal Law, Legal Questions

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My question is about making a false report that my boyfriend got violent with me. He is now in jail and I feel completely horrible because I made the story up just for revenge. I did not know that they were going to do this. Anyway. I have an appointment to Thursday to confess that I did in fact make a false report. I live in Colorado and I don’t know what the consequences will be for me? I am also 35 weeks pregnant. So what will happen to me?

Assault on Teacher by Student

Posted on : 04-02-2010 | By : Legal Information | In : Assault & Battery, Assault & Battery Injury, Criminal Law, Legal Questions, Personal Injury, Workers Compensation

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One of my students aimed a laser pointer to my left eye which has caused at least a temporary injury (poor vision) which may be permament. The student has since been expelled for 12 mos. and charged with assault. I should say this occurred on sovereign tribal land exempt from State Worker’s Compensation rules.
If my injury does not heal up and winds up permanent who has liability because the child and his family live a very meager existence already? My school has stated they will pay my medical bills via their insurance coverage but I’m in pain and suffering daily while trying to recover my vision. Should I retain a personal injury attorney to protect my long term interests.

Is this abuse? and what can I do?

Posted on : 01-02-2010 | By : Legal Information | In : Assault & Battery, Criminal Law, Legal Questions

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About a week ago I was in a huge argument with my ex boyfriend. I wanted him to leave my property so I preceded to walk to his car (still inside my fence on my property) to look at his license plate number like I was going to call the cops. He then pushed me and threw my home phone across the yard and it broke. I just wanted him to leave and he kept pushing me and grabbing me by the wrists. He pushed me into the corner of my deck which left a gash on my back and hit his shoulder into my eye while pushing me which I think was an accident. I didn’t call the police because I was scared of what he would do. I also had red marks and slight bruising on my wrists from him grabbing me. This is the first time anything has turned physical. Its mainly been mental abuse. I then went into my house and proceeded to shut the door when he put his foot in the way of the door and pushed his way in. I wanted to know is there anything I can do? I want him out of my life but I also want to show him this isn’t acceptable and you can’t get away with things. But is it too late now? Thanks.

Aggravated Assault

Posted on : 31-01-2010 | By : Legal Information | In : Assault & Battery

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Aggravated assault is a criminal offense that is severely punished in the United States. It is actually one of the most harshly punished crimes when convicted so hiring a great defense attorney is in your best interest if you want the best chance at an acquittal. Being charged with aggravated assault is going to hurt your record and future. You will need to work with your attorney to try and get the charges reduced in order to receive a lighter sentence.
What Is Assault?
Many people are not exactly sure what is considered as aggravated assault, which is very different from simple assault. A simple assault is a misdemeanor whereas an aggravated assault is a felony. There are three classes of assault; simple assault, aggravated assault, and battery, each of which has its own level of penalties. The class of assault that has the harsher punishment is aggravated assault. The short description is that an aggravated assault is a violent crime committed against another individual. A general description of aggravated assaults is attacks that are committed resulting in a severe injury or used with a deadly weapon such as a knife or gun.
Prosecution
In order to defend yourself properly, you will need to know what the prosecutor’s argument will be and if you can counteract it. In order to win the case, the prosecutor will need to prove that you committed aggravated assault. This means they will need to show evidence to the courts that your crime resulted in a serious injury. A serious injury is considered serious if the injury results in temporary or permanent disfigurement. If the prosecutor can prove you used a deadly weapon in your case, the punishments will be worse and your chance of aquittal will decrease.
There are some states where there are other foundations for bringing forth aggravated assault charges. For instance, the defendant attacks an individual who is unable to defend themselves or get away due to being restrained or incapacitated. Another example is if the offender trespasses on a person’s property and is said to have attacked someone. There are also cases where no injury occurred but the offender threatened someone with a deadly weapon that was used in aiding a felony act such as robbery which can result in aggravated assault charges.
If the court finds that you are guilty of the crime committed you will be convicted of aggravated assault. After being convicted you will be required to up to five years in jail. There are also cases where the prosecutor has been much better than the defense and the offender may be in jail for up to 15 years. Any jail time is a hard thing to go through and may even result in turning to a bad lifestyle. That is why finding the best defense attorney is important. The better the attorney is, the better your chances of getting an aquittal or at the least a lighter sentence.
Legal Site: Dallas Justice Criminal Defense Attorneys. Serving clients throughout Texas.

Texas Statute of Limitations

Posted on : 08-01-2010 | By : Legal Information | In : Assault & Battery, Criminal Law, Legal Questions, Statute of Limitations

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Almost three years ago I left my wife and she (wanting to hurt me since I’m and officer)said I assaulted her to our sheriff’s office, pressed charges and dropped them abaout a month later or so. Almost a year later in Feb 11th of 2008 I got arrested for it because apparently the state picked up the charges and I came out on bail(my wife bailed me out without me asking)I hired a lawyer, which she helped me pay for) and she signed an affadavit asking the state not to proceed with the charges. It’s been one month short of two years since then and the court has not picked up my case. Should my case be dismissed? does it sound like my lawyer is not doing his job?

Stabbed, My ex boyfriend asked me to come to his house. When I got there he stabbed me ..

Posted on : 17-12-2009 | By : Legal Information | In : Assault & Battery, Criminal Law

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My ex boyfriend asked me to come to his house. When I got there he stabbed me in my calf. Since I went to his House is there a crime?

Arrest Record Item Removal, I have a felony battery charge on my WDOJ arrest record..

Posted on : 16-12-2009 | By : Legal Information | In : Assault & Battery, Background Check, Criminal Law, DUI & DWI

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I have a felony battery charge on my WDOJ arrest record. It never happened, I was never “officially” charged, never brought in front of a judge, spent a few days in jail and that was it. I never heard of it again until I did my own criminal background check through the WDOJ. The DOJ says it can’t be removed because it is connected to a DUI that I was found guilty of. The arresting officer was upset because I wouldn’t submit to sobriety testing. In short he fabricated the charge. What can I do?

self defense, I was at my girlfriend’s house when her estranged husband showed up and barged ..

Posted on : 09-12-2009 | By : Legal Information | In : Assault & Battery, Criminal Law

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I was at my girlfriend’s house when her estranged husband showed up and barged into the house and assaulted me with a bat so in self defense I took a knife from my pocket and stabbed at him. 1 month later I was charged with assault, What is the law for self defense? the estranged husband had no reason to be there as my girlfriend was awarded use of the house during the divorce. It was not his time to pick up the children and he was not at all invited.

help with a charge of assault with bodily injury.

Posted on : 01-12-2009 | By : Legal Information | In : Assault & Battery, Criminal Law

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I had gotten into a fight with a friend of mine on april 20th I found out a day before Thanksgiving that I had a warrant out for my arrest for assault with bodily injury. I had to do bond out of jail, and I am pleading not guilty, my question is if the fight started out in the street she throw rocks and things at me first i cought one of the rocks and threw it back when it hit her and her car she got mad and charged me in the street,the fight was on, but she had my hair the ENTIRE time so there was no way for me to get up and walk away so i just kept hitting her until she would let go her ol man ended up trying to break it up but like I said she had my hair so i could not go anywhere so he punched me in the eye because i guess he thought it was me who would not stop, anyway what can i do about this? What is the smartest option I have at this point?