Fraud by Darren Kavinoky Fraud Fraud is generally defined as the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. Quite often there are several persons involved in a scheme to commit fraud and each and all may be punished criminally. There are several different types of fraud. Constructive fraud can be proved by a showing of breach of legal duty, like using the trust funds held for another in an investment in one's own business without d ... Grand Theft by Darren Kavinoky Grand Theft Grand theft involves the theft of goods or services valued above $400 and may be charged as either a felony or a misdemeanor. A misdemeanor is punishable by imprisonment in the county jail for up to one year. A felony is punishable by imprisonment in the state prison. Generally, grand theft is usually punishable up to one year in the county jail or a maximum sentence of 16 months, 2, or 3 years in state prison. If the theft of property is taken from the person of another, ... Grand Theft Auto by Darren Kavinoky Grand Theft Auto Grand theft of an automobile occurs when someone takes another person¡¦s car without permission, with the intent to permanently deprive them of it. Grand theft requires that the property stolen have a value over $400. Grand theft auto is a felony, punishable with imprisonment in the state prison for 16 months, 2, or 3 years. Grand Theft is defined in California Penal Code Section 487. In order to convict for grand theft auto the following case must be proven, accordin ... Identity Theft by Darren Kavinoky Identity Theft Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life - from everyday people to celebrities. Identity theft involves acquiring key pieces of someone's identifying information, such as name, address, and date of birth, bank account numbers, health insurance identification number, social security number and mother's maiden name, in order to impersonate them. This information enables the identity thief to commit numerous forms of frau ... Intro to Theft Crimes by Darren Kavinoky Intro Theft crimes encompass a number of different crimes. Essentially, theft is the taking of another¡¦s property without their consent, with the intention to permanently deprive them of it. Theft crimes generally require specific intent. Specific intent means that the person accused of theft specifically intended the result of the crime¡Xnamely taking property with the intent to permanently deprive. In order to be convicted of any crime, the prosecution must prove that the defendant¡¦ ... Petty Theft, and Petty Theft with Prior by Darren Kavinoky Petty Theft, and Petty Theft with Prior Theft is the act of stealing goods. Petty theft involves stealing goods or services worth $400 or less and is charged as a misdemeanor for first time offenses. Where the value of goods stolen is less than $50, the misdemeanor may be reduced to an infraction. Where there is a conviction for a subsequent petty theft, that offense is a felony petty theft. A misdemeanor is an offense punishable by a maximum of one year in county jail. An infracti ... Receipt of Stolen Property by Darren Kavinoky Receipt of Stolen Property Receiving stolen goods is generally buying or acquiring the possession of property knowing that it had been obtained through theft, embezzlement, larceny, or extortion by someone else. The crime is separate from the crime of stealing the property. To be convicted, the receiver must know the goods were stolen at the time he receives them and had the intent to aid the thief. Paying for the goods or intending to collect the reward for returning them are not defenses. ... Robbery by Darren Kavinoky Robbery Robbery is a felony, punishable by a term in state or federal prison. Robbery is the direct taking of property, including money from a person through force, threat or intimidation. Author's Biography: ... Three Strikes by Darren Kavinoky Three Strikes The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. Violent and serious felonies are specifically listed in state law. Serious felonies • Murder or involuntary manslaughter. • Mayhem. • Sodomy by force, violence, duress, menace or fear of immediate bodily injury on ... Domestic Violence by Darren Kavinoky Domestic Violence Domestic violence is generally defined as physical abuse against someone who lives in the home, or someone the person is married to (or dating) or used to be married to (or used to date), or someone they have had a child with. A “dating relationship” is defined by CALJIC as “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.” Domestic violence affects both men and wome ... Assault by Darren Kavinoky Assault The California Penal Code, Section 240, defines assault as ¡§an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.¡¨ Assault is either the threat or attempt to strike another, whether successful or not, where the target is aware of the danger. There is a requirement that the assaulter must be reasonably capable of carrying through with the attack. If the assault is with a deadly weapon, such as sniping with a rifle, the intended vict ... Assault on Police and Firefighters by Darren Kavinoky Assault on Police and Firefighters Where a crime is committed against a police officer or firefighter, the punishments are usually increased. The requirement is that the assault on the police officer, otherwise known as peace officers, or firefighter must be performed while someone in that category is performing in the scope of their duties, and the person committing the assault must know that the person is in these categories and are performing their duties. The California criminal j ... Assault with a Firearm by Darren Kavinoky Assault with a Firearm Assault with a firearm is governed by California Penal Code Section 245. Assault with a firearm is an aggravated assault in which the defendant, with a firearm, threatens a person with death or serious bodily injury. An aggravated assault is an assault accompanied by circumstances that make it more severe, namely the use of a firearm, or the intent to commit another crime, or the intent to cause serious bodily harm. The punishment for the use of a firearm in an assau ... Assault with Weapon other than Firearm by Darren Kavinoky Assault with Weapon other than Firearm There are many means of assault with a deadly weapon other than firearms, which are generally defined as those weapons capable of producing great bodily injury. For example, stun guns, knives, bat, hammer, machetes, cars, motorcycles, and any other weapon capable of producing great bodily injury. Where someone has been charged with assault with a deadly weapon, the weapon will be confiscated and destroyed, pursuant to California Penal Code Section 2 ... Battery by Darren Kavinoky Battery The crime of battery is governed by California Penal Code Sections 242 and 243. Battery is defined as “any willful and unlawful use of force or violence upon the person of another.” (PC 242) Battery is defined as “simple” battery and battery with serious injury. The punishments Before a jury deliberates, the jury is read “jury instructions” by the judge, defining the rules of law that must govern their decisions as to guilt or innocence. The California criminal jury instruc ... Hit and Run by Darren Kavinoky Hit and Run Hit and run is generally defined as a criminal act. It is the failure of a driver of a vehicle, involved in a collision, to stop and give their name, license number, and other information to the injured party, a witness, or law enforcement officer. These duties do not implicate the driver in terms of being responsible for the accident. Whether the driver caused the accident or whether it was caused by another person¡¦s negligence, the duty to stop, report, and render aid is req ... Intro: Violent Crimes by Darren Kavinoky Intro: Violent Crimes Crimes of violence vary in terms of their classification and their punishment. They may be misdemeanors, felonies, or wobblers. Misdemeanors are those crimes which are only punishable by a fine and/or imprisonment in the county jail up to one year. Felonies are those crimes which are punishable by fines and/or imprisonment in the state prison. Wobblers are crimes punishable as either misdemeanors or felonies. Violent felonies are applied toward California’s Three S ... Kidnapping by Darren Kavinoky Kidnapping The felony crime of kidnapping is generally defined as the taking of a person against their will, or from the control of a parent or guardian through violence, force, threat, or intimidation. The act of kidnapping often involves other criminal offenses, such a ransom, carjacking, or robbery. It may also include a parent taking and hiding a child in violation of a court order. If the victim is injured, the punishment for the kidnapping increases. Kidnapping Kidnapping i ... Mayhem by Darren Kavinoky Mayhem A person can be convicted of mayhem, assault with intent to commit mayhem, or aggravated mayhem. Mayhem Mayhem is defined in California Penal Code Section 203, which reads: “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.” In order to convict a person of mayhem, all elements of ... Xbox Murder by Jason Martin It happened on August 6, 2004. A gruesome murder. At approximately 1am, six individuals were stabbed and then beaten to their deaths. The murdered victims were Michelle Ann Nathan, 19; Erin Belanger, 22; Francisco Ayo-Roman, 30; Anthony Vega, 34; Roberto Gonzalez, 28 and Jonathan Gleason, 17. Most of the victims were asleep when the attack occurred. According to reports, the victims did not fight back. What in the world could have caused the heartless criminals to violently kill the aforeme ... Dental Malpractice by Kevin Stith Malpractice committed by the dental health care providers is called dental malpractice. It is expected of Dentists and Oral Surgeons to ensure a decent standard of care while giving dental services to the patients. The standard of care is measured on the service provided by other professions in the same geographical area or practitioner specializing in the dental field. Like the doctors and physicians, the dentists and oral surgeons have to treat their patients who trust their services and dutie ... Marines on Trial for Raping Filipino Woman by Jason Martin It happened back in November in the Philippines. A woman, called by the pseudonym “Nicole,” was allegedly raped by four U.S. Marines. The trial for this incident is now six weeks long, and Nicole has taken the stand. The defendants are Lance Cpl. Daniel Smith, Lance Cpl. Dominic Duplantis, Lance Cpl. Keith Silkwood and Staff Sgt. Chad Carpentier. It is alleged that Smith raped Nicole while the other three U.S. Marines watched and cheered. The events that led up to the alleged rape started b ... Chicago Personal Injury Claims by Kent Pinkerton A personal injury claim involves a wounded individual (the plaintiff) looking for damages from the individual or organization that triggered the injury (the defendant). This frequently entails discussions with the defendant's insurance company. A personal injury claim concerns assessment of the injury and harm experienced, in addition to the demeanor of the defendant. Numerous issues influence the mode in which a personal injury claim continues, counting the seriousness of the injuries, the le ... Florida Business Lawyers by Peter Emerson Though any business is profit-oriented, what determines its reputation is its business ethics. Their reputation is usually reflected in its accounting procedures. Even if a business organization follows ethical accounting standards, there is a chance it will face a financial loss due to external factors, such as a decrease in purchase orders, shortage of raw materials, transport problems and so on. These are times when businesses need guidance. This guidance is offered by business lawyers. ... Personal Injury Claim - Win Without A Doubt! by Anthony Richards Everyone likes winning! If you win by an inch or a mile, winning is winning! Now winning at personal injury is a different ball game altogether. Do you want to claim compensation in direct result of an accident or injury? Okay, that's fine go ahead, you deserve it! Life Before A Personal Injury Claim I bet it was awesome… You were having the time of your life. Winning at everything, football, cricket, racing, baseball and even at work. Met targets, been promoted and of the likes. You w ... | ||||||
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