Tag Archive: understanding

Understanding And Handling Domestic Violence Charges In Los Angeles

?Domestic violence? or ?domestic abuse? is a common criminal charge in California. Simple arguments often escalate into domestic violence allegations. Domestic violence is typically charged under Penal Code 273.5 or Penal Code 243(e). This article focuses on domestic violence charges under Penal Code 273.5.

It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.

What is required to prove domestic violence? The prosecution must generally prove the following facts to find a defendant guilty of domestic violence under Penal Code 273.5: (1) defendant abused a spouse, former spouse, a current or former live-in girlfriend or boyfriend, or the mother or father of the defendant’s child; (2) the defendant used intentional (non-accidental) force to cause the abuse; and (3) the victim suffered some form of visible injury, even if the visible injury is small.

What are common defenses to domestic violence charges? While any domestic violence charge must be evaluated on its specific facts, in many cases there are strong defenses to a domestic violence charge, including: (1) false accusations ? domestic arguments often result in false accusations of domestic violence; (2) self defense ? it is not domestic abuse when someone uses reasonable self defense to protect himself from a domestic attack; and (3) accident ? it is not domestic abuse when someone does not deliberately do an act to cause injury to a spouse or domestic partner.

What is the punishment for a domestic violence charge? Penal Code 273.5 is a ?wobbler?, meaning that it can be charged as a misdemeanor or as a felony. If charged as a misdemeanor, it is punishable by up to 1 year in county jail and a $6,000 fine, or both. If charged as a felony, it is punishable by 2, 3 or 4 years in a state prison, a $6,000 fine, or both. The prosecutor will decide to charge Penal Code 273.5 as a misdemeanor or as a felony based primarily on the extent of the victim’s injuries.

I hope this article has been helpful.

Sincerely,

Garret Weinrieb, Esq.

Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

Workers Comp Attorney In Chesapeake Understanding Forms For Workman’s Compensation

A workers comp attorney in Chesapeake will be a valuable form of help if you are considering filing a claim to win funds. Compensation may be rightly owed to you and you could be unaware of it, unless you communicate with a workers comp attorney in Chesapeake. Claims of this kind can differ greatly, based on the place where the injury took place, how it took place, who was to blame, etc. Therefore, you will need to gather various pieces of information and evidence to back you up in the court of law. Prior to working with a workers comp attorney in Chesapeake, there are some forms you may need to fill out.

Workers Comp Attorney In Chesapeake – First Report Of Injury

An on-the-job injury may be more complex than an injury that occurs outside of the workplace, therefore for the workers comp attorney in Chesapeake to display you in a good light, you must fill out a First Report of Injury form. The workers comp attorney in Chesapeake can assist you in filling this out. The state administry that oversees the workers comp procedures will need to see the First Report of Injury form and on this form details will be included, such as the employer’s address, name, the employee’s supervisor, the injury location, the time and date when the accident took place, etc.

Workers Comp Attorney In Chesapeake – Request For Paid Leave

Another form that a workers comp attorney in Chesapeake can assist you in completing will be a Request For Paid Leave form. The Request For Paid Leave form entails information relating to any lost time and wages that the employee has experienced. As soon as you take time from work as a result of disease or injury, this should be filled out. Weekly workers compensation payments can then be awarded in this way, so long as the workers comp attorney in Chesapeake and anyone else sees that this is necessary.

Workers Comp Attorney In Chesapeake – Bona Fide Offer of Employment

The Bona Fide Offer of Employment form should also be discussed with a workers comp attorney in Chesapeake. This form should be reviewed and signed by the employee and it is vital that the employee accepts or declines this, should an offer have been given to return to the workplace. Any work-related injuries that occurred and caused the employee to leave will be faxed through to the workers comp attorney in Chesapeake, so that the attorney can outline the reasons why the employee did not respond, if they failed to reply. If the employee decides to work under a BOE, they have to abide by work rules and regulations.

Understanding The Basics of Medical Malpractice

It’s something that no one wants to go through. A brief glance through the resources which Legalzoom reviews shows, however, that medical malpractice is far from uncommon. While some cases are made by those who just hope to get rich quickly off a doctor’s innocent mistakes, others are quite serious. If you are in a situation where you think that there might be a medical malpractice issue, then it is essential that you understand the basics to determine how you should proceed.

Situations Involving Medical Malpractice

Medical malpractice comes up in those cases where the doctor, nurse, or other medical professional harms the patient through failure to provide adequate or proper treatment as stated in some of the resources and stated in Legalzoom reviews. Minor mistakes that do not cause harm are not considered medical malpractice. Disapproval or frustration with the results is not considered medical malpractice either. Medical malpractice requires an actual harm either through a wrongful act or failure to act with few exceptions. In most cases, this involves a misdiagnosis, a delayed diagnosis, injuries inflicted during birth and prenatal care, prescription and medication errors, anesthesia mistakes, and surgery errors.

Requirements of the Claim

The basic requirements of the claim are fourfold. It is an elements test, which means that all three must be satisfied. These include the following

As a side note, in situations where it is not clear whether the doctor was directly responsible, the court will typically apply a preponderance of the evidence standard. This means that you as the patient must show that it is more likely than not that the doctor’s act is what caused the harm.

Making the Claim

The claim itself must be made within the period of time before the statute of limitations. While this will vary based on state, many of these statute of limitations begin running from the time that the harm was done if it is something that should have been obvious or at the time that it should have been discovered if it was not obvious. In many states, personal injury limitations apply, meaning that the patient must place the suit before two years. In some states, this period of time is as short as six months after the injury occurs.

If you believe that you have been injured and may have a medical malpractice suit, then meet with an attorney as soon as possible. The attorney will be able to get the ball rolling and ensure that you do not miss the statute of limitations if you give him enough time to get the job done.