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Deal Your Fraud Cases with the Help of Criminal Defense Attorney in California

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criminal defense attorney in California

Under California Penal Code 484, fraud is defined as the intentional and unlawful use of deceit, misrepresentation, or concealment to gain an unfair or dishonest advantage. In other words, fraud occurs when a person deliberately lies or hides the truth in order to obtain something of value from another person. Under this law, it is illegal to take someone else’s property without their permission. With the intent to permanently deprive the owner of their property. This law applies to a wide range of activities, including shoplifting, embezzlement, and identity theft.

In California, fraud is considere a “wobbler” offense, meaning that it can be charge as either a misdemeanor. Or a felony, depending on the circumstances of the case and the defendant’s criminal history. If charged as a misdemeanor. A conviction for fraud can result in up to one year in county jail and a fine of up to $1,000. If charged as a felony. A conviction can result in up to three years in state prison and a fine of up to $10,000.

Conditions of Fraud Cases

In order for a person to be charge with fraud under PC 484, the following elements must be present:

  • The person must make a misrepresentation, concealment, or deceit
  • The misrepresentation, concealment, or deceit must be intentional
  • Person must have the specific intent to defraud another person
  • The person must have actually obtained something of value from the other person

There are several potential defenses to a charge of fraud in violation of California Penal Code 484. Some of the most common defenses include:

  • Lack of intent: To be convicted of this crime, the prosecutor must prove that you acted with the specific intent to defraud someone. If you did not act with this intent, you cannot be found guilty of fraud.
  • Lack of reliance: The crime of fraud requires that the victim rely on your false representation. If the victim did not rely on your false representation, you cannot be convicte of fraud.
  • Lack of causation: The crime of fraud also requires that the victim suffer some type of loss as a result of your false representation. If the victim not suffer any loss, you cannot be be guilty of this offense.
  • Lack of advantage: If the person did not gain an unfair or dishonest advantage from the misrepresentation. Concealment, or deceit, they cannot be charge with fraud.

Mistaken belief: In some cases, individuals may be charge with fraud even though they honestly believed that their representation was true. If you can show that you honestly believed that your representation was true, you may be able to avoid conviction.

  • Insufficient evidence: To be convicte of this crime, the prosecutor must prove each element of the offense beyond a reasonable doubt. If the prosecution’s evidence is weak or insufficient, you may be able to avoid conviction.

It is important to note that these are just some examples of potential defenses to a charge of fraud. The specific defenses available in your case will depend on the unique facts and circumstances of your situation. It is always best to consult with an experienced criminal defense attorney to discuss your legal options.

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What is the difference between Civil Law and Criminal Law?

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Let us not forget that the profession of a lawyer is more of engaging in disputes than in peace. In this profession, facts, figures, and even situations can be contorted to suit the requirements of the lawyer or an aspirant of the law. 

While this profession seems to be that of fighting cases and providing advice at the front, but this is just the tip of the iceberg and there is a lot more to it than seen at the forefront. 

Law students mostly face trouble while working on their assignments and thus require assignment help to successfully complete the same.

The profession of law brings a lawyer a sense of satisfaction and accomplishment and also through him ensures that the laws listed in the constitution are abided by and even people are made aware of the same. 

Lawyers assist people in getting justice or correcting the wrong or resolving conflicts as well as provide companies with legal assistance so that they don’t suffer in the long run. Before we delve into the differences between civil and criminal laws, let us first brief ourselves, about the different types of laws:

  • Constitutional law: It comes into play upon the violation of certain provisions of the Constitution or abridgment of fundamental rights by a person or a group of persons or even State for that matter.
  • Civil law: Civil law or the law of torts deals with settling disputes among individuals or companies. It deals more in compensating the victim rather than punishing the offender. Civil laws may include copyright violation, defamation, vicarious liability, marriage, divorce, and the like. 
  • Criminal law: This law is the one that people are most aware of. Criminal law focuses more on punishing plus fining rather than just finding the criminal. This law involves the commission of grave offenses that require rigorous punishment. For example, murder, rape, theft, culpable homicide, etc. 
  • Contract law: This law comes into play when a contract is signed between two or more parties and eventually this contract is breached. This breach of contract leads one party to sue the other. 
  • Property law: As the name suggests, this law deals with property dispute matters and seeks to resolve the same. These property disputes may involve personal property as well as government property.

Such are the varieties of law that trouble law students today since they are fresher into the field and are in the process of getting acquainted. Therefore they require assignment help in case of law so that they could successfully accomplish their task. 

Civil and criminal laws acquire most of the litigation process and thus are the ones most dealt with. Therefore let us understand a few basic differences between civil law and criminal law:

  1. Criminal law includes the commission of grave offenses thus these are considered to be against society at large because who knows when a criminal starts targeting other people as well. Thus punishments are given proportional to the crime committed. It deals with crimes such as murder, rape, robbery, assault, etc. Civil law deals with less grave offenses and offenses are committed between two parties. Therefore the offender will have to compensate the victim for the commission of his act. Civil law includes matters of money, marriage, divorce, custody, property, etc.
  2. In the case of criminal law, a case is first filed with the police, who investigate the matter, and then the case is taken to the court. In the case of Civil law, a case can directly be filed in the court or a tribunal, by the aggrieved party. 
  3. In the case of criminal law, the government files the petition because the crime committed can affect the State at large. In the case of Civil law, a case is filed by the aggrieved party or organization, who is also known as the ‘plaintiff’.
  4. In the case of Criminal law, the accused is prosecuted in the court of law whereas in the case of civil law the wrongdoer issued by the affected party or the complainant.
  5. The purpose of the criminal law is to punish the wrongdoer so that the others may learn a lesson and abstain from committing the same act again. Its motive is to maintain the law and order situation in the country. In the case of Civil law, the aim is to protect the rights of the individual or the organization and to ensure that the complainant is compensated satisfactorily.
  6. Both fines and punishments can be levied in case of Criminal law, proportional to the degree of crime committed. Civil law does not have any punishment but fines the accused, compensating the victim, thus settling the dispute.
  7. Another difference lies in the power of the court in both cases. In the case of criminal law, courts can charge a fine, imprison the guilty or discharge a person if he is proven innocent. In the case of civil law, the courts can give an order for compensating the victim for the damages caused.
  8. Certain terms are also different while both the cases are in court. In criminal cases, the accused is either guilty or not guilty and is declared so by the court. In the case of civil law, the accused is either liable or not liable.

Thus these are the major differences between civil law and criminal law. Students tend to get confused in these terminologies thus seek online Law assignment help because the law is not as easy as it looks. Therefore if you understand clearly what is taught to you in class, what is mentioned in your law books, and of course the above-mentioned points, you won’t have to wander for help or seek online assignment help. Whether you are accused of a crime against a person, a crime against property, or any other criminal offense, a criminal lawyer can help.

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Seattle Personal Injury Lawyer

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If you are the victim of personal injury as a result of an accident, assault or attack, it may be useful to hire the right law firm specializing in personal injury in order to obtain compensation and defend your interests. Our experienced Seattle Personal Injury Lawyer helps the injured victims of personal injury, auto accidents, motorcycles accidents, and truck accidents etc.

Why Call On Our Firm?

Victims of bodily injury have the right to full compensation for all their injuries through compensation. The use of a victim’s lawyer working solely in the area of compensation for bodily injury is a guarantee of competence and confidence.

Anxious to defend the victims in the respect of our values: rigor, listening, commitment, transparency, responsiveness, we accompany you with expertise and humanity throughout the procedure in order to obtain fair compensation for your damages. And for more than 30 years, 4injured.com has devoted exclusively to the defense and compensation of victims of bodily injury: victims of traffic accidents etc.

Hire a Lawyer Specializing In Personal Injury

It is often necessary to call on a lawyer specialized in personal injury when you or one of your loved ones risks suffering significant sequelae following a road accident, an accident of life, an accident at work, a sports accident, a medical accident, an attack, an assault etc.

In addition, it may be necessary to hire a lawyer, even in the event of minor sequelae, when you encounter disputes with your insurance about compensation for bodily injury suffered.

Personal Injury Lawyer: Role

A lawyer specializing in personal injury assists and represents the victim but also his family in all stages of the compensation procedure and this from the medical expertise.

It may, as a first step, take stock of the victim’s rights by analysing any minutes of the accident, identifying the insurer or body responsible for compensation and examining the various guarantees taken out by the victim and his family.

He can then supervise the medical expertise and will be able to choose an independent expert.

It then negotiates the amount of compensation paid as best it can. The aim is to enable victims to be recognized as victims and to obtain legitimate and full compensation for all damages suffered. And when the victim does not obtain sufficient compensation in the context of an amicable procedure, the lawyer specialized in personal injury assists him in the judicial procedure and refers the matter to the judicial court.

A lawyer specializing in personal injury benefits from an in-depth knowledge of the various problems encountered by victims of personal injury injuries in order to be able to advise, assist and defend them effectively.

He has generally received specialized training in the law of bodily injury but also in criminal matters.

He works with other experts and specialists in personal injury such as doctors, occupational therapists, psychiatrists, neuropsychologists and compensation experts.

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Law

What Does a Disability Attorney Normally Do?

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19.4% of people in the world have a disability. Do you think you’re in a situation where you’ll need a disability attorney?

If so, it’s essential that you’ve got knowledge of what the disability attorney near you does. Knowing what they do will help you understand how they can help you in the future.

Read on and check out our comprehensive guide about the best disability lawyers.

What Does a Disability Lawyer Do?

If you’re trying to collect disability or social security payments, but you’re not getting the results you’re looking for, it might be time to hire a disability attorney. A disability lawyer will help handle your case, and the reason that’s beneficial is that they have a working knowledge of the legal system that you might not have.

There are several factors and things that a disability lawyer knows how to do that will positively influence your case’s outcome. Check out what they can do now.

Effective Communicators With Medical Professionals

There are times when you’ll need to communicate with medical professionals to help prove your claim, and they won’t be as willing to help as you need them to be. There are several reasons that medical professionals won’t be as forthcoming with the help you need, like being too busy to sign forms that you need to have signed or not having in-depth knowledge of the disability claim process.

Your attorney will have experience working with healthcare professionals and may do a better job persuading them to complete the documentation you need.

Know the Legal Process

As stated, the legal process can become confusing and challenging if you don’t know what’s going on. Your attorney can make the process easier for you because they understand several aspects of the social security disability hearing.

They know things like:

  • Who will be at the hearing
  • What will be asked during the hearing
  • When evidence needs to be submitted

These are all things that you may not know and could cost you the case if you didn’t have an attorney on your side.

Understand How to Handle the Negatives

There are things in everyone’s medical files that might not show them in the best light and could affect the case’s outcome. Your attorney will know how to properly handle these medical facts so that it works for your case.

Your attorney will know how to present these facts during the hearing. That’s why it’s essential to find legal representation that practices in disability law, such as Sweetlaw.com.

Do I Need a Disability Attorney?

If you need social security or disability payments and benefits, but you’re not sure how to go about it, you need a disability attorney. The attorney can help you get the benefits you’re looking for because they know the legal system and can communicate with medical professionals.

Did you find the information you were looking for? If so, scroll through the other posts that we’ve created for readers like you.

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