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It is important to speak with an assault attorney if you have been accused of committing an assault to ensure your rights are being protected.
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Many people believe that DUI and DWI are the only alcohol-related charges that drunk drivers may face. However, there are many other charges that carry equally severe (and in some cases, more severe) consequences. Two such charges are intoxication assault and intoxication manslaughter.
Intoxication assault occurs when you injure someone while drinking and operating a motor vehicle. This includes planes, boats or other watercraft, amusement park rides, and other automotive vehicles. Additionally, you can also be charged with intoxication assault if you wrongly assemble an amusement park ride while inebriated, which then leads to the injury of another person. To constitute as an "injury," the victim must suffer permanent disfigurement, the loss or impairment of an organ's function, damage that seriously hinders a body part, or an injury that involves the risk of death.
In Texas, this crime is a third degree felony, and it can result in the following consequences:
Fines up to $10,000
160 to 600 community service hours
Probation
License revocation
2-10 years in jail
Intoxication manslaughter also involves the unsafe operation of the aforementioned vehicles and machines, but this mistake must lead to the accidental death of a victim rather than just an injury for this charge to apply. For instance, someone can be charged with intoxication manslaughter if they choose to drink and drive, and then cause a fatal collision.
Due to the severity of this crime, Texas law considers it a second degree felony. If you are convicted of intoxication manslaughter, not only will you have this permanent mark on your legal record, but you may also have to face consequences such as:
License revocation
Probation
Electronic monitoring
House arrest
Jail time
Drug or alcohol counseling
Community service
If you have been charged with intoxication assault or manslaughter, you are still afforded rights. To protect your rights as well as your innocence, contact an experienced Houston intoxication manslaughter lawyer from Johnson, Johnson & Baer, P.C., today.
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In many cases, individuals suffer sexual abuse in their own homes from individuals whom they love and trust. This form of sexual abuse is called domestic sexual abuse and, unfortunately, it often goes unreported for several reasons. In some cases, individuals do not want to punish the individuals abusing them because these individuals are close to them.
Even though these loved ones are a source of pain and suffering, abused individuals are reluctant to report individuals for whom they deeply care. In other cases, individuals are too scared to pursue any sort of action.
The reason people abuse others is so that they can assert their dominance over the individuals they abuse. This tactic works very well, which is another reason why domestic abuse often goes unreported.
In still other cases, victims of domestic sexual abuse are unaware that legal options exist. These individuals often do not know that help is out there, so they do not try to seek it. Individuals who have suffered through rape, inappropriate touching, forced kissing, or any other unwanted sexual advance in their homes do have options, and they can better their situations.
A good first step is contacting a legal authority. Many individuals have apprehensions about turning directly to law enforcement officials, such as the police. It is important to note that reporting abuse to the police does not have to be the first step in stopping abuse; individuals can also contact an experienced domestic abuse lawyer.
Domestic abuse lawyers can help victims of domestic harm learn what they can do to end their suffering. They can also help individuals file restraining orders and press charges against their abusers.
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Assault and battery is a criminal complaint. Like most violent crime assault and battery procedures intended to be a difficult enough to justify a criminal offense due. But sometimes the criminal justice system is not functioning to the extent that a person should believe. Or the victim wants compensation from the offender in addition to looking at his sentencing in criminal courts.
The most famous case in which a civil case was pursued for aOffense was that of OJ Simpson, who was acquitted by a jury in criminal court but convicted in a subsequent civil trial for murder. But contradictory judgments are not as common a reason to pursue a civil action for an offense, as to find the desire for a personal victim compensation.
The difference between assault and battery
Assault and battery are often paired together, but they actually have two completely different meanings. The legalDefinition for both is the following:
o Assault intent, the appropriate and immediate causes of un apprehension of a harmful or offensive contact is the-consented. In other words, a form of attack is imminent, and it does not require actual touching or bodily contact.
o Battery-intent, which agreed to a harmful or offensive to the UN causes. Basically, this is when someone physically hurts another person without theirConsent.
Civil assault and battery charges are different from other injuries persona charges in the nature of the damage that can be searched. In civil court, assault and battery battery are designed as two separate liability and damages are limited to attack or things directly related to the. It is also possible to search for the victim to punitive damages in this type of suit. Punitive damages are generally fine. Punitive damages are illegal for common law contribution allowedintentional acts. Most cases involve violations of injuries that occurred by accident. In these cases must be proven negligence. Thus, these cases are not connected to intentional acts and punitive damages are irrelevant.
It is important that victims of violent crime are aware of their rights. Justice can be delivered in several ways, than the criminal court system.
To learn more about civil assault and battery complaints, visit the website of the St. Petersburg personalInjury lawyers Beltz & Ruth, PA
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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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As a mother, I can't tell you the guilt and pain that goes along with the disclosure of sexual assault. It's been a year and I'm still "stuck in time" not able to move forward as we battle our court systems that I assumed would help us. Unfortunately, I am told that only 1 in 16 perpetrators ever get to court for these cases and of those only 6% will ever spend time in jail. How is a person to heal from such a personal assault when the courts don't support the laws they write? As I struggle to move on with life and understanding of such unexplainable victimization, my daughter has found the strength and ability to do so. Maybe, one day I will have her strength and courage. Until then, here is her story and her desire to help others avoid a situation that affect her for the rest of her life.
I am 14 and this is my story -
My name is Tivona. I'm not a famous author, model, or actor. I'm not Super Girl trying to save the world or a Super Villain trying to destroy it. I'm not anyone special except to my family. I'm just an ordinary, fun loving, moody teenager. I'm just trying to grow up and live an average life like everyone else. I'm 14 and looking forward to high school.
Yet, there are days that I wake up and feel like I can't relate to anyone else in the world. I want to be a ghost and disappear...There are days I wish I weren't here. During the day, I maintain A's in school, I sing, draw in my journal, hang out online with my friends, play the saxophone, am an avid hunter and am a half back on my soccer team. Yet at night, when I crawl into my warm bed - surrounded by my soft blankets, my cats and more stuffed animals than you can count, I feel so alone. So isolated. Like no one else in the world knows how I'm feeling. It's at this time, that I have to deal with my own private monsters and demons.
In the dark, I feel like no one could understand me. I'm not worried about the typical teenage stuff because my life over the last 4 years hasn't been really ordinary. It's been conventional on the outside while pain and guilt raged on the inside. Quietly, I've suffered. How could I tell anyone that I was a victim of sexual assault? Who could I tell and who would believe me?
As the daughter of someone in law enforcement and the niece of an attorney, I have always been told, and led to believe, that if you do something wrong - you are punished. There are consequences for your behavior. Today, as I write you my story of sexual abuse at the hands of a loved one, my abuser is free to roam the streets of our town because the Prosecuting Attorney refuses to follow up on my claims of abuse
I know it is hard to listen to these accusations. I know it is hard to comprehend that "this" person can do "these" things but there is a "silent epidemic" occurring in this country and it is harming those of us you have "sworn" to protect! Please take a minute to listen to our "cries for help". They are not false or "made up". They are very real. In some of our lives, there are truly monsters who hide "under our beds" and "in our closets" at night just waiting for the darkness so they can "attack". We rely on you to help and we need you NOW more than ever!
I truly believe that society has the resources to put an end to this epidemic. At the very least, we can drastically reduce it. Why don't we? Are we too afraid it can happen in our own homes and that's scarier to acknowledge than believing it is the "horrible monster we see on Law and Order" that is causing this destruction? Perhaps you misread the statistics?
Talking about sexual abuse of children is crossing into frightening, unfamiliar territory for many people. We live in a very confusing society with hypocritical views on sex and sexuality. We are uncomfortable talking about sex, but we are willing to have it sold to us through songs, magazines, TV and advertisements.
I know that healing is a process, a journey. I know I will never forget the assaults and abuse but I hope to grow from this experience and I want to help others "escape" and grow too. PLEASE JOIN ME AND USE YOUR VOICE TO HELP STOP THIS CYCLE OF VIOLENCE IN OUR COUNTRY.
Child sexual assault is the world's deepest, darkest, best kept secret. How many are out there, I guess we will truly never know. I am asking, pleading with you to take a stand. Remind all those who choose to seek out the children, that their behavior will not be tolerated no matter who they are. I believe I did the right thing by finally "telling". I truly hope that my openness can save other children. I told the police. I was open and honest, even though it was extremely embarrassing to retell my story to one stranger after another. I believed in the process of the justice system. All I am asking is that the justice system "believes in me too!"
Here's my story, it began in 1994:
People talk about "Princesses". Royalty really isn't my thing - I enjoy the "supernatural" - vampires really. Nevertheless, for years, I was truly a "Princess" in my family. The "first born" for both sides of extended family, I entered this world in grand fashion (an emergency C-section because I had stopped breathing). For my loved ones, I truly was a miracle and blessing. I grew and thrived from the attention and you can truly say "I was rotten". So many camera flashes have gone off in my face over the years it's amazing I am not blind. As an avid hunter, my grandfather had me appreciating nature as soon as I could walk and follow in his footsteps. Even my name, Tivona, means a "love for the outdoors. This man was my "hero".
My perfect, innocent "happily-ever-after-fairytale-princess" life and childhood began to crumble and ended when I was 10. That was the year my grandfather died. That was the year that my whole world began to shatter into small pieces and fall apart around me. It was at that time, my uncle would also begin to "groom" me for his own sexual pleasures and means of "control". It began with slow rubs and touches and progressed from there.
During this time, my uncle gradually eroded our appropriate adult / child boundaries, built a wall of secrecy around us and finally established compliance through my fear. Over the next 3 years, I was repeatedly reminded that this was "our little secret" and I mustn't say a thing. He told me that I would be to blame if anyone discovered our secret little game. He repeatedly told me that: "This would really hurt my mom if she knew" and that he would go to jail if I told. Each time he said that, a part of me died. I betrayed what I knew was the "right thing to do" because I was afraid "no one would believe me" and because I didn't want my close knit family to fall apart. It just seemed easier to close my eyes, retreat to the darkness in my head and "go along" than upset anyone. My life became a fraud and a fiction. Do you know how much energy is consumed to keep a secret hidden from ourselves and our families?
As a family member, he had seduced us all. He had our devotion and love. He was trustworthy and "above reproach". His popularity within our family covered behaviors that should never have been tolerated. He was a trusted friend and relative; a pillar of the community. He would never do anything "shady" or inappropriate. That is what he hoped everyone would believe if I ever told our "secret".
By creating an untarnished image, he has convinced my beloved aunt and his children that he is innocent and that I am lying and trying to destroy his pristine image in our lives and our community. He has 'explained away' most of his actions with excuses. When approached with his inappropriate behaviors, he responded by being insulted and became extremely defensive. Although never acknowledging the abuse, he never once denied it either. His response to the police, and I quote, "if that's what she said happened, then it must have happened...I just don't remember".
During my short time in therapy, I have learned that pedophiles are like any other predator. They stalk and hunt children as their prey. Many predators, like mine, will spend weeks, months, and even years grooming their victims. They are calculating, manipulative, and very, very patient when it comes to achieving their goal. Molesters are charming. They get along with everyone and are usually popular. They can be upstanding members of the community and tend to present a perfect image. Like my uncle, they are "great guys" and "everybody's friend". They are charming and intimidate other adults into believing they are above reproach. Their behavior is a controlled public image - for I know all too well about their private behaviors. My counselor says she has never met a "child molester she didn't like".
Today, I wonder if he is capable of feeling, let alone harbors a conscience. And did he, in all those years of wonderful memories, ever really love me? Is he sorry for the destruction he has caused in all of our lives, even though he refuses to admit it? I'd like to know WHY? Why did he chose to cross that line of trust? And HOW? How could he show up year and year, event after event? Just pretending, never showing how he was hurting me and how he had hurt my aunt and his granddaughter before me (those who chose to harbor that pain internally for years until I told)? How could he torcher us all like that with his "games"? Yes, I know I will never get the answers that I want or deserve but I continue to silently wonder....
Like any other addict, when asked, he creates excuses for all around him to explain his behavior and he has placed the blame for his behavior solely on me (just like he said he would). He has made me lose faith in myself, all in an attempt to control me. There are mornings when I wake up that I don't recognize the "girl in the mirror". I feel as if my spirit has been surgically extracted.
There are days I act like a wounded animal: crying, attacking, and retreating. I am working to understand this is not my fault. I ask for reassurance that my perpetrator was a liar when he said that I had control and could stop it anytime. I agonize over the line of appropriate touch at the same time my hormones are throwing me into that "time of my life". I am filled with confusion, anger and premature sexualization at a time when I'm already battling those issues. Talk about the "straw that could break the camel's back". I struggle with the fact that my uncle made me feel as an accomplice in this whole lie.
The pain is similar to jumping out of an airplane without a parachute. I mourn the loss of my relationship with my Aunt. I have bad dreams; break into tears for no reason and battle anger - at my perpetrator and my extended family for letting this happen to me. I can say: I take it day by day. Sometimes minute by minute. Sometimes I have to remember to breathe.
I want consequences for my uncle's behavior.
Today, the reports have been filed, the secrets are out. So how can he be free to just roam about? Don't I have the right to be Safe, Strong and Free? (Don't so many other victims have that same right?) The prosecuting attorney refuses to file charges because there were no witnesses and they can't see my broken heart and sole. It's his word against mine. Without formal charges, his name will NEVER be on a sexual predator list, many others aren't either because only 1 in 16 perps are actually prosecuted if you can believe that or not!! And only 6% of those people will ever spend time in jail! Are your kids safe?
There has been no justice. Even after justice is served, this case will be over for those of you reading and those who have worked on my case, but for me and my family, this is still just the beginning - a new beginning I hope but a part of our lives we will never forget.
My advice to you? Educate your children. Set "rules". We like rules and it's easier to tell when a rule has been broken. Teach your children age appropriate information about their bodies. Tell them it is okay to say "NO". And, that it's okay to break a promise they might make about sexual abuse. Teach your children that a person who sexually abuses a child can be anyone and that they need to tell even when the offender is someone they like, love or even live with. Finally, let your child know that if sexual abuse happens to them, they are still a good person, they are still lovable and they you believe them and will love them no matter what!
Instead of just responding to the aftermath of abuse, why not focus on prevention? This is a widespread illness that requires new attitudes and change - I know that first hand from my own experiences. Child sexual abuse is an adult problem - the responsibility shouldn't all be placed on us as children. Sometimes, even if we know it's "okay and right" to tell, it is still hard for us to do. Please watch out for us...look for the signs and report them...
Our journey is still underway but if the ground I've already covered can benefit someone else, then I am doubly blessed.
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Last week, fashion designer Anand Jon was charged with six felonies by the Los Angeles County District Attorney's office. He faces complaints regarding vulgar acts on a minor and rape of multiple victims he allegedly committed between October 2004 and March 5, 2007.
Jon, a 33-year old Indian-born fashion designer, has made numerous appearances on the reality show America's Next Top Model. Known for embracing modern technology in his designs, he has uniquely established himself as a much-admired designer to a number of celebrities and infamous icons like Paris Hilton, Princess Olivia de Burbon, Gloria Estefan, Alanis Morissette, Janet Jackson, Mary J Blige, Michelle Rodriguez, Tara Reid and The Al Saud Royal Family just to name a few.
His frequent participation on the show America's Next Top Model has added positive exposure to the well-established designer. However with the charges he is currently faced with, no amount of America's Next Top Model publicity can absolve him from the noise surrounding his accusations. If proven guilty, Jon could be convicted for life. His bail has been fixed at $1.3 million.
In addition, sexual charges are not the only buzzing news following fashion designer. Apparently, his eligibility to work in the United States is also in question. Even though his lawyer maintains that he came to the US with a professional work visa, people from Immigration have already included Jon in their watch list.
And despite the formal complaint against him, he remains firm with his denial, asserting his firm respect for women. In fact, his attorney explained that Jon is in a difficult position having been surrounded by numerous women who aspires to make it big in the industry. He also stresses the high probability of these women making "false allegations" against his client. His first court date is scheduled on April 4, 2007.
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