Law
Deal Your Fraud Cases with the Help of 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.
Law
What is the difference between Civil Law and Criminal Law?
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:
- 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.
- 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.
- 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’.
- 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.
- 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.
- 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.
- 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.
- 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.
Law
What Does a Disability Attorney Normally Do?
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.
Law
Everything you need to know about Litigation funding
The litigation funding phenomenon, known in Anglo-Saxon jurisdictions as Third-Party Litigation Funding or TPF, has strongly developed in recent years by virtue of an increasing demand for financial solutions from companies. This demand has been particularly driven by the increase in both the number of litigation matters worldwide and the cost of litigation.
By this method, a third party finances the resources required to undertake and complete a court or arbitration proceeding, receiving a share of the proceeds in exchange, only if the litigant’s claims are upheld.
This is the type of financing that companies and corporations undergoing an expensive litigation usually over $1 million, can benefit from. Corporate litigation could drive a company to bankruptcy. Litigation funding helps them pay attorney fees related to their case, get their company back on track, or pay staff while the case is being litigated until the company succeeds with a settlement on their favor or judgment.
It takes about 2 months to close the transaction and most litigation loans are not approved as the litigation must be very strong before a funder even takes a look at the case followed by approval. Funders accept cases such as Qui Tam, Patent, and Shareholder. To learn more about litigation funding you can visit Baker Street Funding.
The benefits of Litigation funding companies
The law provides a possible remedy for plaintiffs who have suffered damages due to the negligence or recklessness of others. Specifically, federal and state laws allow plaintiffs to sue defendants to recover damages they incurred as a result of defendant’s negligence. Although the effects of an accident can never be undone, compensation for damages is intended to put the plaintiff in the position he / she had prior to the accident, to the maximum extent possible. Thus, for example, compensation may include compensation for medical bills, lost wages, and pain and suffering.
However, plaintiffs often must engage in costly litigation in order to recover such damages. A plaintiff who has costly medical bills and has lost wages may not be in a position to cover the costs of litigation even if the potential awards are important to the plaintiff’s future and the costs of the litigation can be recovered from the defendant. Consequently, the financing of the litigation is important to both the plaintiff and the court system.
Litigation funding can allow a fair conclusion to a legal dispute
The financial pressure associated with recovering from an accident is often a major factor in determining whether a plaintiff accepts a settlement offer from an insurance company or the defendant. Often times, insurance companies and defense attorneys are aware that the defendant has bills and obligations piling up and offer amounts significantly less than what the plaintiff could recover at trial. They think that plaintiffs need money quickly to pay their lawyers and doctors and maintain their health insurance or their homes, and that is why they will agree to a settlement early even if it is for less money than their fair share.
Litigation finance companies can remove many of the immediate financial pressures for plaintiffs. Money obtained from litigation finance companies can be used to finance the litigation itself or to pay the plaintiff’s bills. Without the immediate financial pressures, many plaintiffs will be willing to wait for a better settlement offer or take the case to trial.
Litigation funding can provide the plaintiff with cash quickly
Many litigation finance companies quickly provide cash to plaintiffs who have been approved for these programs. The funds can be used for any purpose. They are often used to pay for medical bills, rehabilitation services, help around the house, and living expenses while the plaintiff recovers from the accident. For many plaintiffs, litigation finance companies can fund months and even years before the court system. This can significantly aid a person’s recovery by reducing the stress associated with accumulated bills and expenses.
Litigation is long, stressful, and expensive. Litigation finance companies can assist plaintiffs in their quest for justice by removing some of the financial barriers that often prevent them from pursuing their case until a settlement is offered or the jury reaches its verdict.
If you are interested in the benefits of Litigation funding, you can visit Baker Street Funding for more information.
-
Apps1 year ago
Why is Everyone Talking About Hindi Keyboards?
-
Social Media1 year ago
Who is Rouba Saadeh?
-
Apps1 year ago
Things you need to know about Marathi keyboard today
-
Apps1 year ago
Stuck with Your default Bangla keyboard? Isn’t it time for a change?
-
Social Media1 year ago
Mati Marroni Instagram Wiki (Model’s Age, Net Worth, Body Measurements, Marriage)
-
Entertainment1 year ago
12 Online Streaming Sites that Serve as Best Alternatives to CouchTuner
-
Games11 months ago
Top 7 Popular Puzzle and Card Games for Relaxing Your Brain on Mobile, Featuring Solitaire
-
Entertainment1 year ago
Movierulz Website: Movierulzz 2021 Latest Movies on Movierulz.com