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Call Us Now5 Ways Battery is a FelonyWatch this video on YouTube Battery can be a felony. A prosecutor can charge the crime as either a felony or a misdemeanor depending on the facts of the case, the extent of the victim’s injuries, and the defendant’s criminal history. Most jurisdictions say that battery is a felony offense …
Possibly, yes. Most states usually do not have a law that says you must report a DUI conviction to your insurer. Though it is typically a good idea to do so. If you try to hide a DUI from your insurance company, and it learns of it, your insurance provider could refuse to pay a …
You can reduce a Medicare lien in a personal injury case by challenging the amounts in the Conditional Payment Letter or Final Demand. If Medicare’s conditional payments are higher than the settlement amount, you may also be able to negotiate a lien reduction. Medicare may also agree to a lower rate when mass tort cases …
You will likely face more severe DUI penalties if you drive drunk and contribute to a car accident (as opposed to if you drive while intoxicated and avoid a collision). DUI penalties will also likely grow more severe if you help cause a DUI accident and the accident results in someone getting injured or killed. …
If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects. Note that misdemeanors are criminal offenses for which the maximum penalty is generally up to one year in county jail. Misdemeanors are considered more serious than …
Failure to appear in court on a misdemeanor charge can lead to an FTA warrant, bail problems, fines, and additional criminal charges. The severity of the offense tends to depend on the underlying criminal charge. The failure to appear has to be willful to be punishable, though. The court may excuse an absence if it …
You may open carry any type of knife in Las Vegas. You are open carrying when a person could see your knife through ordinary observation, such as if you carry it on your belt. However, there are some locations that restrict the carry of knives. Since Nevada has no statewide preemption for knife laws, cities …
Not all workers’ compensation cases end in a settlement. However, based on data from Illinois, about 90% of the cases do settle. Fewer than 5 percent of workers’ comp cases go to trial. A similar percentage gets dismissed or denied without an appeal. A few workers’ comp claims go uncontested by the employer. Claims that …
Carrying a Dirk or Dagger — CA Penal Code 21310 PCWatch this video on YouTube By definition, a “dirk or dagger” is a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and that may inflict great bodily injury or death. This includes pocketknives and certain …
Under NRS 11.190, Nevada’s statute of limitations to bring a slip-and-fall lawsuit is generally two (2) years from the date of the injury. So, for example, if you fell and got injured on January 1, 2023, then you must file your lawsuit no later than January 1, 2025.1 If you wait too long to file …
1) Dogs are “dangerous” if they have bitten or been aggressive two times in 18 months A Clark County Animal Control officer can declare a dog dangerous if – on two separate occasions in an 18-month period – the dog: Behaved menacingly to a degree that would lead a reasonable person to defend him/herself against …
The law in most states is that, yes, it is a crime if you possess a defaced firearm. “Defacing a firearm” typically means that you or someone else either removed, altered, or destroyed the manufacturer’s serial number on the gun. Possessing a defaced firearm is usually charged as a misdemeanor offense. Note that the defacing …
In our experience, there are five effective legal defenses that you can use to fight a hit-and-run charge. These include showing that: there was no property damage, no one was injured, you were not driving the vehicle involved, you had no knowledge of a collision, and/or there was an emergency. Note that you are generally …
In California, workers’ compensation benefits are generally not taxable. However, there are 4 types of payments that can be taxed: wages from light duty, retirement benefits, Social Security offsets, and medical expenses that you paid out-of-pocket and then deducted from your taxes. These payments are taxed at the state and federal levels. When are workers’ …
Yes, injured workers can generally continue to collect workers’ compensation benefits after being fired. Some states may have important limitations, however. The reason for the worker’s discharge may also be used to deny the workers’ comp claim. If the worker was fired because he or she filed for workers’ compensation, however, it may amount to …
Degenerative disc disease is a back condition where the discs in the spine deteriorate. 4 things to know about workers’ compensation settlements for these injuries are: it can be difficult to prove that your condition is work-related, sudden-onset injuries can reveal the disease, the condition is very debilitating, and settlement amounts can vary substantially. 1. …
Workers’ compensation covers the injuries and occupational diseases that are suffered by employees and that arise in the course and scope of employment. Which injuries are related to work, however, is not always easy to determine. Moreover, different state laws disagree as to where the workplace ends. If your injury is work-related, you are entitled …
A 180 lb. person is legally intoxicated after consuming three beers. Three beers would likely result in a person of this size having a blood alcohol concentration (BAC) of 0.08%, which is the legal limit for DUI purposes in most states. But keep in mind that every person’s body processes alcohol differently. This means that …
In California, if you have a suspended license, you have to wait for the suspension duration to end. Then you have to apply for a reinstatement. This includes paying fees and proving proof of adequate auto insurance. You bring this application to the California Department of Motor Vehicles (DMV). How can I get a driver’s …
The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section: I. Scope, Purpose, and Construction Rule 1. Scope The …
Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
NRS stands for Nevada Revised Statutes. The NRS is a compilation of all the current state laws in Nevada. The NRS is updated by the Legislative Counsel Bureau whenever new legislation passes that adds, amends, or repeals existing laws. What does the NRS consist of? The NRS consists of four main divisions, including: The Remedial …
A “protected class” refers to a group of people who share similar characteristics and are legally protected from being harassed or discriminated against because of those characteristics. The term often arises in employment discrimination cases where an employer unfairly treats an employee on the basis of, for example, the worker’s age, color or religion. The …
Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …
Many shoulder injuries settle for anywhere between $20,000 and $150,000. However, it is impossible to say what an “average” workers’ compensation settlement for a shoulder injury would be. There is no “average” shoulder injury. Even the most common shoulder injury you can suffer in the workplace – a torn rotator cuff – can be minor …