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General Article

Illinois Assault, Aggravated Assault and Battery Definitions

Assault and battery are related crimes, but they don’t have the same definition. In Illinois, assault and battery aren’t the same criminal law waukegan il act. They are separate crimes. For instance, a person can be charged with assault, battery or both crimes depending on the type of the case facts.

What is Criminal Battery in Illinois?

Criminal battery occurs in one of two ways. A person is accused of causing bodily injury to another individual. Bodily injury can range from bruising to broken bones. A person can also be charged with battery if they insult, provoke or have unwanted physical conduct with an alleged victim.

What is Criminal Assault in Illinois?

Criminal assault is the misdemeanor charge. It is defined as behavior that places another person in reasonable apprehension of a suffering a battery. This means the defendant confronts a victim in such a way that they believe they’re going to be hit or suffer bodily harm. The defendant doesn’t need to touch the victim to be accused of assault.

What is Aggravated Assault in Illinois?

Aggravated assault refers to the crime of placing a victim in fear of a battery. Instead of using mere words, the defendant uses a deadly weapon or explosive device. For instance, the defendant allegedly waved a bat around as he placed the victim in fear of a deadly assault. The bat would be considered a deadly weapon. Someone can be charged with this crime if a child or police officer was the victim of an assault.

Assault and Battery Conviction Penalties

An assault is a Class C misdemeanor charge. An assault conviction will result in 30 days in jail and/or a $1,500 fine. An alternative sentence may be community service ranging from 30 to 120 hours. A battery conviction is a Class A misdemeanor. A Class A misdemeanor is punishable by at least one year in county jail and/or $2,500 fine. Aggravated assault is also a Class A misdemeanor. It carries the same criminal sentence as the battery. Depending on the facts of the case, an assault or battery may increase to a felony. A felony is more than one year in state prison. For example, if a person is charged with a Class 2 felony aggravated battery it is 30 years in prison.

Defenses for a Battery or Assault Charge in Illinois

The exact defense to use to challenge the state’s case will depend on the circumstances of the case. Self-defense is one defense to use. Self-defense claims the defendant was defending themselves from harm and the “victim” was the perpetrator. Consent is another defense. It alleges the victim agreed to the battery. Lack of reasonable apprehension is also a defense to assault. This means the victim was in fear of a battery. It’s important to contact a defense lawyer to determine the appropriate defense to use in an assault, aggravated assault or battery charge.…

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Litigation

Top Questions To Ask A Lawyer Before Hiring

In terms of hiring lawyers, many people wonder where to start. Due to the wide assortment of options available to you, it can be very confusing when it comes to choosing one lawyer from a large group. Keep reading to know what you should look for in a lawyer.

Consider having a lawyer on retainer to prepare for the worst before it happens. This way you are not under pressure, but rather can take your time finding a lawyer that you can trust. With having someone already retained and ready to go, you’ll never be left with lingering legal questions.

When you think about hiring a specialized lawyer, do you worry about the associated increase in fees? Well, what are you willing to pay for a positive outcome? Consider the cost of losing! Also consider that the savings in time of a specialist over a generalist will save you money, lowering the total bill.

When looking for a good lawyer, make sure to obtain personal references. Talking to the local community that have experienced issues similar to you. For instance, if you’re a victim of sexual harassment, speak with a women’s group. Ask them about the lawyers they had and what their experiences were like.

Ask everyone you know if they’ve used a lawyer for a legal situation such as yours, and who they might recommend. Don’t forget to collect references for the lawyers on your short list and check them out. Also conduct a background check and Google them to see what others say about their services.

If you have been charged with a crime, are in an accident or think you need legal help, you need to hire a lawyer. The amount of time that you wait to make this decision can be a critical factor. You want to have someone on your side that knows the law as quickly as possible.

Lawsuit

Make sure that your lawyer puts everything out on the table in regards to your options available. When going into a lawsuit, you will want to know all of the options that you have and if there is a plea bargain available. This will not only help you get the best result, but will ease your peace of mind.

Legal

It is hugely important that you know exactly what your lawyer plans to do for you. They should lay it out in writing, preferably, before you sign on the dotted line. If they get you to sign a legal document they have drafted without explaining it, run the other way.

Law School

Make sure to find out who all will be involved with helping to work on your case. What sort of experience do they have? Some may have years of experience, whereas others may be fresh out of law school. How much time is your lawyer anticipating on devoting to your case?

Locating a lawyer that can help you with things may take a while. With that said, the time you invest will determine whether or not you will find a lawyer that you will be happy with. Utilize the excellent suggestions provided here so that you can find a great lawyer who will work hard to win your case.…

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General Article

Negotiating Your Personal Injury Claim

There are all kinds of personal injury announcements hyped by the media but claims are not always that clear cut. State laws and guidelines can be confusing, and insurance adjusters for the other side won’t make it any easier. According to personal injury attorneys Albuquerque NM has statute of limitations and other guidelines that can factor into a lawsuit.

Filing A Claim

In many cases, it can be in your best interest to negotiate, since filing lawsuits and a court case only add to your legal costs. However, even negotiations involve various steps to accomplish what you want, and often the other side will not want to give you the compensation you deserve.

Together, you and your lawyer will negotiate with the insurance company and claims adjuster. They will need proof from your legal team that the person who caused your injury is truly guilty.

As a result, a thorough investigation has to take place. They will ask for access to medical records, requests police and witness reports, as well as investigate any photos of the damages. They will also request to interview you.

Additionally, you will have to prove that your direct disbursement of medical expenses are valid. You’ll also need to show that the injuries caused physical difficulties and affected the ability to work.

When Negotiation Doesn’t Work

There are times when the matter is not concluded by filing a claim. The other side fails to negotiate and then, you must file a personal injury lawsuit. In these cases, there are state statute of limitations laws. In New Mexico, the statute of limitations for a personal injury case begins three years after the injury has happened. It is important to keep a record of your claim. You cannot wait for the insurance company because unfortunately, injuries in court have an “expiration date.” However, always remember, there may be exceptions to the statute, so you should always consult with a lawyer to discuss any exceptions.

Determining Value Of Your Claim

There are different compensatory damages for various types of personal injury claims. Some damages are easier to define, such as damage to property. However, for pain and suffering, ample evidence is going to be required and that number does not always come out to the number you want.

Compensation for medical treatment is almost always an important part of any personal injury claims. It is also related to the loss of income due to not being able to work for a long period of time.

When it comes to compensation, you have other elements that factor into the decision, like:

  • Emotional impact from the accident
  • The loss of enjoyment and quality of life
  • Loss of consortium, or how an injury impacts a married couple’s sexual and emotional relationship

Even punitive damages as a result of the person’s behavior during the accident will play a role in compensation.

The other side could also try and claim negligence on your part. But your attorney will help you through the case, including handling any negligence allegations that could put blame on you, instead of the person at fault.

The most important thing to do is keep good records and call an attorney as soon as possible.

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Attorney

What Everyone Needs To Know About Retaining Legal Counsel

You may need an attorney at some point. How does one hire a lawyer? What should you look for? Thankfully, this article provides great advice to assist you in selecting the ideal lawyer for your case.

Try to avoid a lawyer that does not have a specific area of law they specialize in. There are lawyers all over that specialize in different fields of study. Hiring one of them will increase your chances of success since the person you hire will know exactly what they are doing once they step into the courtroom.

If you find that a lawyer is actively seeking you out, refrain from hiring them. If you are involved in a case that can be costly, they may be trying to scam you. Do your due diligence and hire the best lawyer on your terms.

Do not hire a lawyer without doing some background research. Look their name up on the Internet and talk to friends or relatives who might know the lawyer you are interested in. It is always in your best interest to choose a lawyer with an excellent reputation and good ethics.

Attorney

Talk to several lawyers before making a selection. Don’t hire the first lawyer you speak with. You want an attorney who you can trust, so interview several potential candidates. In addition to the standard qualifications, determine whether their personality will work well with your own, as you may be spending a great deal of time together.

Always consult an attorney before filing a claim. A lawyer who specializes in the field will give you a better chance at winning your case. Independent research will help you somewhat, but you will never have the same knowledge as an expert in their field. Make sure to chose wisely.

Lawyer

Never hire the first lawyer you come across. There are so many out there that it can be tempting to select the first one you come in contact with. Take your time and consult with a few before you make your decision. You don’t want to make the mistake of choosing the wrong one.

Stay as organized as possible when you are working with a lawyer. This means that you should have all of the documentation in relation to your case on hand at all times. If you are unorganized, your lawyer can lose valuable time planning a strategy for your case, which may result in a loss.

Litigation

If you have a court case that your general lawyer is not familiar with, you probably need to hire a specialist. Although you may think that specialists are more expensive, this isn’t always the case. Also, if your case involves a lot of money, you want to help ensure you win. Having a lawyer who is not familiar with your particular litigation is going to be a major disadvantage for you. Instead, hire a specialist who is used to dealing with your case.

By being knowledgeable about how to find a good lawyer and knowing what to expect, you’ll be much more prepared to handle your legal issue. Legal issues are extremely frightening to deal with. However, after reading the tips above, you should find yourself ready and able to find the lawyer who is right for you.…

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General Article

What does Wrongful Termination mean in Colorado?

In Colorado, an employee can be fired for any reasons because the state is an “at-will” state. This means an employee can be fired for no reason at all. However, the at-will law does have exceptions. It is illegal for an employer to wrongfully terminate an employee.

What is wrongful Termination in Colorado?

Wrongful termination refers to an employer dismissing an employee because of a reason that violates state or federal laws. For instance, a person can’t be fired because of their religion, ethnic background, race, gender or disability. This violates federal discrimination laws. If an employee is fired for any of those reasons, they can fight to retain their job or receive compensation.

Can an Employee be Fired in Colorado after an Implied Promise of Employment?

Yes. Most Colorado companies are careful to only provide promise of employment in writing to employees. In some instances, an employer may make promises to an employee that implies an agreement was made such as permanent employment or a job promotion.

Public Policy Violations by a Colorado Employer is a Reason for Wrongful Termination Claim

Some actions will invalidate an employer’s reason for firing an at-will employee. For example, an employer can’t fire an employee for refusing to do something illegal. They can’t fire an employee for doing something on the job that was part of their job duties. An employer also can’t fire any employee because of a public policy.

What is a Public Policy Violation in Colorado Employment?

Public policies are some things that benefit the public but can interfere with work obligations. The most common examples of public policies are requesting time off from work for jury duty and needing to leave work for National Guard or military duty. Another common public policy is requesting time off from work to vote in a local, state or federal election.
An employer who fires an employee for disclosing illegal activity to police can be sued for wrongful termination. An employee must keep their job if they file a discrimination complaint with the Colorado or report a safety violation to Occupational Safety and Health Act (OSHA).

Remedies for Colorado Wrongful Termination

An employee who is successful in a wrongful termination case is eligible to receive damages. In law, damages are money given to the plaintiff to compensation them for the illegal firing. Damages may include back pay, punitive damages and lost wages. The employer may be responsible for paying the plaintiff’s wrongful termination attorney colorado fees. An employee also has the option to get their job back. This means they can work for the employer again.

Seek Legal Assistance to Determine if a Firing was Illegal

Wrongful termination is one way an employee can receive financial compensation for an illegal firing. Suing for wrongful termination depends on evidence such as whether there was a written contract that promised the employee job security. To understand more about wrongful termination and if a lawsuit should be filed, contact a lawyer.…

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Barrister

Here Are Some Amazing Tips For Finding The Perfect Lawyer!

If you are similar to many people, you probably don’t know a lot about the legal system. Most people will need a lawyer one day, and it is hard to know how to go about that process initially. The goal of this article is to assist you in doing this.

Ask for a free consultation. Many lawyers will offer a free consultation, so you can have your questions answered. During the consultation, you can also see if you are comfortable with that lawyer. Always go to more than one free consultation so you have a good mix of lawyers to choose from.

When you hire a lawyer for a lawsuit case, hire one that will take your case on a contingency fee. If a lawyer is not willing to take your case on contingency, consider looking for a different one. If a lawyer wants to charge your hourly for this type of case, then he thinks he cannot win.

Law Firm

When looking for a good lawyer, it can be very helpful to ask friends and family for their recommendations. It seems as though there is a law firm around every corner, so referrals can steer you towards a great lawyer. Even if they do not specialize in your type of case, they can recommend someone like a colleague to you.

When hiring a lawyer, ask them who exactly will be dealing with your case. Many times it will not be the big name head of the firm, but instead someone below them who has a clearer schedule. If this doesn’t appeal to you, choose another law firm for your needs.

Counsel

Avoid finding a lawyer in the yellow pages. Speak to other people and find out what they’ve done in situations that are similar to yours. Contact the chamber of commerce if you need help with business law or get in touch with a support group if you are dealing with a specific issue. The bar association where you live can also give you some referrals. Talk to a variety of lawyers to feel them out and learn more about what’s available.

Law Firms

If you believe that you might have a legal case it is a good idea to seek a legal consult before pursuing any action. Many law firms offer a free consultation so make sure that you take advantage of this. This allows you to try out a couple different law firms before deciding on a lawyer.

Many law firms are very large. When you go in for a consultation, make sure you are speaking with the actual lawyer, not a legal assistant. If the lawyer does not have the time to speak with you to gain your trust and your business, then go elsewhere and find a better lawyer.

It can be very difficult to make your way through the legal system. Hopefully after reading this article you feel more comfortable about hiring a lawyer. When you know what you are looking for and what you should expect, you will be more prepared.…

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Lawyer

The Tough Questions You Should Ask Your Lawyer

Facing a legal battle can be a very intimidating process, whether it’s criminally related or a simple real estate issue. Nothing is easy to understand and it’s easy to get overwhelmed. Fortunately, the following article contains useful advice for finding the right lawyer for your needs and working your way through the system.

A good tip to keep in mind when thinking about hiring a lawyer is to write down several questions that you wish to ask him or her. You want to find out what their philosophy is and so on, and asking questions will help give you a clear idea about them.

Before you hire a lawyer, sit down and define the problem that you have. Sometimes, you may find that your situation is not bad enough to warrant a lawyer. Understanding exactly what you are going through can help save you a lot of money over time with a lawyer and court fees.

Find out all that you can about lawyers that you are interested in. What sorts of legal organizations do they belong to, for example? Bar organizations often help to keep their members informed of the very lastest in legal news. You want a lawyer who stays abreast of current legal trends!

Ask everyone you know if they’ve used a lawyer for a legal situation such as yours, and who they might recommend. Don’t forget to collect references for the lawyers on your short list and check them out. Also conduct a background check and Google them to see what others say about their services.

Do not pick a lawyer because you saw their ad on television or on a billboard. Many big firms that can afford this type of advertising use lawyers that are fresh out of school for most of their cases, but charge you for the experience held by its highest lawyers.

Lawsuit

Make sure that your lawyer puts everything out on the table in regards to your options available. When going into a lawsuit, you will want to know all of the options that you have and if there is a plea bargain available. This will not only help you get the best result, but will ease your peace of mind.

Legal

When you are describing the situation that you are in to your lawyer, refrain from lying. You should be telling them the truth at all times, as this could backfire if you are questioned on the stand and your lawyer does not have all information available. Honesty is the best policy, especially in regards to legal issues.

Law School

Make sure to find out who all will be involved with helping to work on your case. What sort of experience do they have? Some may have years of experience, whereas others may be fresh out of law school. How much time is your lawyer anticipating on devoting to your case?

The legal system is pretty scary, that’s why lawyers are there to help us figure it all out. Winning a case or your freedom is much easier to accomplish when you’ve got the right lawyer working for you. Use the above advice for your legal matters and the results will be much more favorable.…