pages bg right
 Currently Browsing: Criminal Charges

Vehicular Manslaughter

When someone operating a vehicle causes another’s death as a result of reckless driving, vehicular manslaughter has been committed. Ways in which to commit vehicular manslaughter, defenses for the accused, and penalties for the committed are straightforward to encompass all situations. Driving with criminal negligence is when the driver is being extremely reckless, thus putting other drivers at risk of death. Instances of this include drunk driving, driving on the wrong side of the road, traveling high above the speed limit, or driving under the influence of drugs. Overall, if traffic violations have been committed when the driver is in complete disregard for human life, they can be charged with vehicular manslaughter. If accused of vehicular manslaughter, the defendant can argue against their accusation. Such defenses include are citing a lack of incriminating evidence, the evidence was taken in discordance with the defendant’s constitutional rights, or that there was an alternate event that caused the death. In cases of alternate events, the defendant must prove that the event was out of their control. Committing vehicular manslaughter can be a misdemeanor or felony. State laws outline different penalties for this crime, but they generally consist of fines and jail time. Typically, if the driver is operating the vehicle under the influence of alcohol or drugs, their case will result in more severe punishment. Click here to read more about how to build a defense against a vehicular manslaughter charge. If committed, this kind of charge can have a serious on a person’s life, however taking the proper steps in fighting against it can diminish negative...
Read More of Vehicular Manslaughter

Defining Assault Charges

One of the crimes of violence that is sadly very common is assault. There are two types of assault that states tend to follow: some states have assault defined as using intentional force or violence against another person (punching or striking a person using a weapon or object), while some states may define assault as not necessarily needing physical contact with the victim and is described as any attempt of committing physical attack or actions considered to be threatening that would cause him or her to feel fear or impending violence. Verbal threats are not considered assault according to the second definition, and physical actions such as raising a fist or swinging a weapon could constitute for assault. If you want to learn more about the different types of assault, it would helpful to talk to a Houston criminal defense lawyer, since difference in state laws can make distinctions. For states that follow the definition of assault as putting the feeling of fear and immediate physical danger to the victim, the victim’s response should be a genuine and reasonable reaction under and given circumstance: it should be expected from any reasonable person. A simple assault constitute to the victim suffering from minor injuries or a limited danger of violence. Aggravated assault is considered a more serious crime, with the victim suffering or experiencing from a severe or significant violence or fear (involving more than just a simple punch or slap across the face). A defendant can be convicted with simple or aggravated assault of the elements of the case has proven “beyond reasonable doubt” that defendant intentionally threatened to attack or cause harm to the victim, or have successfully done so. Aggravated assault further requires the act to have the defendant either utilized a deadly weapon, caused severe personal injury, conducted the assault intending to commit some serious criminal...
Read More of Defining Assault Charges

Criminal Charges Related to Drinking and Driving

There are generally four types of crimes that are directly referred to as alcohol-related, and DUI/DWI is one of them and is perhaps considered the most dangerous of all. Although there are states that only consider DUI/DWI (Driving Under the Influence/Driving While Intoxicated) as misdemeanors, there are others who consider it a criminal offense, and often give hefty penalties for those who have been charged with them. According to the website of Alexander & Associates, DUI/DWI already carries with it severe penalties, but there are circumstances or situations that can further cause enhanced penalties. Aggravated DUI/DWI can either increase the range of possible sentences or increase the level of criminal charges. These can depend on the state that you are in, and it is therefore wise to understand the driving laws in your state in order to know your rights and how you can protect yourself from DUI/DWI criminal charges. Blood alcohol concentration (BAC) levels are generally used to help determine whether a motorist is committing DUI/DWI. The general BAC limit is 0.08%, and those who are over the limit are considered a danger and can be charged. However, if the BAC level is extremely high, you may run the risk of greater prison terms as well as steeper fines. Additionally, the presence of minors in the vehicle can result to aggravated DUI/DWI. Those who have been charged multiple times for DUI/DWI, especially if they occurred in other states, can cause higher sentences or fines after being caught. Those with suspended or revoked driver’s license are also in danger of harsher punishments, and these are generally given in order to dissuade motorists from committing the crime or causing danger or harm to others. Because of the many complications that a aggravated DUI/DWI can cause, the website of the Law Offices of Mark T. Lassiter says that consulting with a...
Read More of Criminal Charges Related to Drinking and Driving