Assault attorney

Friday, July 30, 2010

HB 1260 (INDIANA) "Ammo Encoding Bill" (ur state may have 1)

INDIANA HB 1260: www.in.gov DIGEST introduced BILL Encoded ammunition. Requires ammunition manufacturers all ammunition: encode (1) for retail sale provided for in Indiana, and (2) used in handguns and assault weapons, from first July 2009. Prohibits a person from selling ammunition at retail after 30 June 2009, provided the ammunition has been encoded by a manufacturer. Requires the superintendent of state police to create and maintain an encoded ammunition database before July1, 2009. Requires ammunition manufacturers and persons who sell ammunition at retail to certain information encoded ammunition sales and persons who purchase encoded ammunition and to the superintendent for inclusion in the database. Writes a fee of $ 0.05 per round on the sale of munitions coded, that is sold at retail. Requires the fees to be deposited in the database encrypted ammunition fund work on the database. Requires a person who owns ammunition for a gun orOffensive weapon, not ammunition to the ammunition before the first be disposed of in July 2011 is encrypted. Makes an appropriation. Illinois HB 4269, 4349 www.offensivestuff.com Here is what would pass from one of these bills mean for you: 1 Ammunition manufacturers would be required to make a secret code on cartridge housing so that the buyer had the ammunition can be found imprint. 2nd With the purchase of ammunition, that secret code would be registered in your name. 3rd All your ammunitionShopping ...



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Thursday, July 22, 2010

How Negligence Could Land You in Prison

If it is what else comes to injury, there are at least three ways that our behavior could not only lead to a financial obligation, but also criminal consequences. Take the New York criminal statutes for 3rd degree assault for a few examples:

Section 120.00 Assault in the third degree.

A person is guilty of an assault to come in the third degree if:

1st With the intention of causing, injury to another person, he causes
such injury to suchPerson or a third person;
2nd He recklessly causes physical injury to another person, or
3rd With criminal negligence he causes physical injury to another
Person with a deadly weapon or dangerous instrument.

Assault in the third degree is a Class A offense with imprisonment of up to 1 year in prison.

In relation to paragraph 3 above, below is the definition of criminal negligence by the New York Penal Code:
"Criminal negligence." A person who acts withcriminal negligence with respect to a result or to a circumstance described by a statute defining an offense if he does not perceive a substantial and unjustifiable risk that such results occur or that such circumstances exists.The risks of such a nature and degree be that to recognize the error, it is a gross deviation from the standard of care that a reasonable person to observe in the situation.

So while one person may be convicted of assault in the thirdDegree if he or she intentionally or recklessly caused injury to another, under the New York statutes may also criminal liability for negligence if the definitional standard is met.

Negligence is the failure to act reasonably. But we all do not act rationally sometimes. And in unfortunate cases, it could cause harm. Should we jail in such cases? If we had acted inappropriately every time we went to prison, we would all spend time behind bars. Even if we go to prison only ifour bad behavior to actually cause an injury, we can all be locked up for some time in our lives. We as a society can accept that if our inappropriate behavior causes harm to another, we should be financially responsible for their expenses. As a society we can even assume that if we cause suffering to a person, we should give them to compensate for the pain. But how could any inappropriate behavior that unfortunate injury caused a criminal act be? This seems extreme, because we all againAct inappropriately at times.

Take solace in the fact that the threshold will be unreasonable to criminal responsibility far greater than the civil negligence standard. Although we always determine the status of each state look at the current standard, this is a universally true across the country. Under the New York Penal Code for "criminal" negligence, how to find the "civil" negligence, in contrast, is an action that a "significant" risk to have action and has become a"Gross" deviation from reasonable conduct. The civil law does not require "gross" deviation from the care it requires only a simple error. The civil law does not require a substantial risk of damage due to behavior. Again, it only requires a simple deviation from reasonable care. Perhaps most importantly, is the biggest distinction between civil and criminal negligence, the claim that provided for criminal negligence, deadly or dangerous instrument is used, it must be the cause. Harm A jury before or case law to determine what dangerous than a gun. The total circumstances in which the breaches may have some bearing on the determination. For example, while a weapon is always a deadly weapon, a baseball bat's security level is determined by how much this behavior was risky.

Here's an example:

Bob, a 30-year-old man was hit with a baseball bat on rocks in a schoolyard on a Wednesday afternoon. A child is hit by aflying rocks and hurt. In this case, the behavior has been found to be grossly inadequate, and created a substantial risk of harm, but the most dangerous weapon aspect does not exist. The baseball bat does not actually cause the damage. The rocks caused damage. Bob could have been a tennis racket on the rocks to start. As with the rock, it might be difficult to convince a jury that these dangerous weapons that the statutes are considered. Said Bob can be found financially responsiblemay in a civil case, criminal liability statutes deprive third Degree under the attack New York. (It can also be lower or lesser crimes could be other offenses, where Bob is not involved jail time sentenced to be.)

Here's another example:

John, 24 years old, disguised himself as a result Charles Mason for Halloween and decides a baseball bat for Shock Value. He sees some young children and chasing them like a joke. He swings the bat wildly, not really intended to meet someone, buta back swing hits an older woman who was down the street. John can be found in grossly unfair and risky behavior which have essentially involved a dangerous weapon damage. John can woman found guilty of third Degree assault against the elderly. If John swung a rope or a Wiffle ball bat, the result would probably be different.

So if you are in an inappropriate manner and to act injured another, can get you sued. Just be sure not to deviate grosslyacceptable behavior while an act which is a significant risk of damage, and you can avoid penalties for negligent acts. How gross deviation from reasonableness is your behavior and how significant a risk that they will decide to leave to a jury. It seems like a scary proposition, if identified in this way, but if you think about it, you should never present in grossly inappropriate conduct that significant risks of injury to criticize others. Juries can be very fair. They realize weAll act in the way unreasonable. Their actions would be "gross" unreasonable, before being sentenced. Some may interpret this as "offensive" unreasonable. The risk of injury must not only possible, or obvious, it needs to be found much "for criminal liability. On the one hand, the company has a strong interest in preventing gross risky behavior. So the laws are reasonable. have on the other hand, the United States, the highest in the jail behind barsworld. Is that because of the disproportionate number of strict laws or disproportionately many harmful behaviors?



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Thursday, July 8, 2010

American CPS Victim Families Unite Publicly Track Supreme Court Cert Petition Collaboration

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Monday, July 5, 2010

Hillsborough County Sheriff Office Central Breath Testing Unit Assault Videos

Hillsborough County Sheriff Office Deputy Jolly assaults woman suspected of DUI. Sheriff David Gee issued a statement, the Dep. Jolly was justified in its actions, because the woman was Mrs. Wanda Sullivan feigning fainting and refuse to take the breath test. What? The truth is that Dep, Jolly was frustrated and broke Mrs. Sullivan to pull out her chair, "she read in the FST room of" implied consent warning to her that the reading and recording on video. And this is the reasonSheriff Gee thinks is acceptable? What? Maybe Sheriff Gee has a refresher course at the HCSO's DUI arrest policies and procedures last. FYI Sheriff Gee, there is no "obligation to videotape the reading of the implied consent warning ...!!!" Dep. Jolly Mrs. Sullivan simply attacked and your lame ass let them get away with it, but you can bet a jury of their peers do not let them get away with it. On the video you are suffocating, Dep Morrey held that Mr. Markell high head because he triedget a breath test for 11 minutes. News Flash-Sheriff Gee, Dep. Morrey wasn't to blow the breath test operator and its not his job, a personal force. You know, the more you open your mouth the more you show your ass. Dep. Morrey attacked Mr. Markell. Now can the states attorney, Mr. Mike Perotti and his idiotic statement where he says, hunting is seen through the videos for irregularities just a new type of ambulance. It is an Easter egg hunt at this point, give me a month of video materialand ...



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Saturday, July 3, 2010

4 Common "Privileges" of Assault and Battery

The phrase "assault and battery" is widely misunderstood. A popular belief is that someone, assault and battery consists of striking. Like any good lawyer told me, you will say (as my friend Seattle criminal lawyer), held during this broad idea is not entirely accurate, it is far from correct.

Assault and battery someone are two different beings. Assault is the act of threatening physical harm to by someone in a situation where theyFear for their lives or attempt to harm someone's life brought. Personal contact is not necessary to commit assault. A common example is a knife assault someone or threaten someone's life.

The battery is when someone intentionally touching someone against those persons with a body part, object or substance. You do not necessarily met with someone to be arrested for battery. Spitting on someone, you get arrested for battery.

There arePossibilities around an assault or battery conviction. These exceptions are called "privileges" and to act as an appropriate defense in a court. There are several assault and battery privileges, but here are the five most frequently.

1st Defense
Three types of defense fall into this category Umbrella: self-defense, defense of others and defense of property. Self defense is the act of using reasonable force to protect themselves from physical harm. Defense is the action of otherprotect the force to another. Defense of property is using reasonable force to defend your property. In all cases, the phrase "reasonable force" is the key. You can not just someone with a shovel, if they threaten to spit on you. Specific defense laws vary from state to state.

2nd Mutual Combat
Mutual combat occurs, if two or more people commit themselves voluntarily to fight without the pretext of self defense. Lock excessive force (ie, a kick in the face of a pitched ordowned fighter) fight no one involved is likely to win in the event of an assault or battery. Only in the case of excessive force, an assault or battery is likely to be the case.

3rd Discipline
some countries, the discipline maintained in an assault and battery is a privilege. In these cases, individual responsibility with a reasonable amount of force is to discipline someone from taking a stand to hurt themselves to hurt others and destroy givenProperty. Hospital workers, mental hospital staff, teachers and parents can use all the discipline privilege in certain areas.

4th The behavior of the police
In addition to the defense of privilege that police behavior is known for assault and battery exceptions. The prosecution is allowed to use reasonable force to detain a person or place someone under arrest. Similar to self defense, the amount of reasonable force varies with the amount of resistance. People who maintainViolations by law enforcement officials that violence does not exercise reasonable gain an assault or battery case, even with the best Seattle criminal defense lawyers I know.



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Friday, July 2, 2010

Hate Crime Beating Cracker Barrel FBI Investigating...

FBI investigates possible hate crime HAHA at Cracker Barrel "Possible Hate Crime Obvious!" Stop War & Hate! Peace & Love Mate! 9-9-9 woman was beaten to the ground in front of her 7-year-old daughter at the south entrance to Cracker Barrel restaurant in Morrow, Georgia, Atlanta. Troy Dale Jr. West, of Poulan, Georgia, faces charges including battery and disorderly conduct offenses after they allegedly by army reservists Tashawnea Hill, 35, after the two had words at the input ofMorrow, Georgia, a restaurant on the evening of 9 September 2009. Hill, an African-American, told the police that West, 47, shouted racial epithets at her as the attack took place. "He took me with a closed fist punch yet again. My head is still hurting today. I have knots on their heads," said Hill CNN Wednesday night, adding she also entered. Police said witnesses confirmed their account. The FBI has initiated an investigation to determine the matter whether a violation occurred against the civil rights, "theAgency said in a statement. Because of the alleged incident happened in full view of the 7-year-old daughter's Hill, the Clayton County prosecutor said a crimes cruelty to children. "[The woman's daughter] was visibly upset on the night of the attack," said Captain James Callaway of the Morrow Police Department, who he said was on the scene shortly after the alleged attack. A police report about the incident, said Hill's daughter was "Crying uncontrollably and her body was [...



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