Criminal Defense

Domestic Violence: Never be a Victim

Posted By on Jun 15, 2016

Women aged between 16 and 34 are the most common victims in domestic violence, which number close to 10 million incidences in the U.S. every year. Domestic violence, according to the U.S. Office on Violence Against Women (OVW), is a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” ( Anyone, regardless of age, gender sexual, orientation, religion, race, educational attainment, professional standing, and financial status, can fall victim to this abusive behavior which can be manifested physically, emotionally, sexually, psychologically, verbally or financially.

The perpetrator in domestic violence is always an intimate partner of the victim, someone whom the victim may be married or living with. In the website of a Nashville sexual offense attorney, it is mentioned that a perpetrator can further fit the description of the victim’s dating partner or someone with whom he or she has a child in common (though women are the most common victims, there are cases wherein men turn out to be the recipient of domestic abuse). The offender acts to frighten, intimidate, threaten, terrorize, humiliate, or injure the other until all feelings of self-worth and self-confidence are gone, making the abused totally submissive to the offender’s ill demands.

In order to empower the federal government to fight domestic violence, the U.S. Congress passed into law the Violence Against Women Act (VAWA) in 1994. This is to put a stop to this major social malady that has continuously caused pain and suffering to many members of families across the US.

Domestic violence is one crime that also causes trauma not only to the victim but to the children as well. Simply put, violence inside the home causes in children the feelings of fear, confusion, stress, shame and guilt due to thoughts of failure to do anything in order to protect their abused parent. Because of these, children usually end up having problems in their relationships with peers and others, as well as in school. With regard to victims, domestic violence makes them withdrawn, problematic, and often uncertain and embarrassed of their actions.

While an abusive partner only deserves to face justice and be punished, there have also been instances when reported cases of domestic abuse is simply due to one partner’s oversensitivity; some cases are even fraudulent in nature – this is quite common among immigrant husbands and wives who fake domestic abuse. But whether real of fake, a victim deserves to be saved or to have his or her named cleared. A seasoned domestic abuse lawyer should be able to provide the legal help a victim really needs.

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Theft Types

Posted By on Nov 19, 2015

Based on the website of a Nashville criminal defense lawyer, theft, also referred to as stealing, is explained as carrying away another person’s property with intention of depriving the person permanently. The phrase “theft”, nonetheless, has a broad meaning in lawful terms, also it can include several kinds and degree of degrees of crimes. Theft can be done in several methods: petty robbery is theft of property whose value is less than the specified amount of a state, while grand theft or felony theft is theft of something on the stated value of the state.

Other forms of theft depend on jurisdictions categories or classes. Embezzlement is a type of theft committed by means of an individual who appropriates property trusted upon them through fiduciary responsibility. Burglary is considered theft whether it be forced entry or trespassing. Robbery is theft by force or fear if your lethal weapon was used and this kind of theft may have severe punishments. Possessing stolen property is called theft by possession, and anybody charged with this particular offense should demonstrate that (1) you do not have ownership, (2) you were unaware that the item is stolen property and other proof of theft.

You must establish that intent was lacking in committing the crime to counter a theft charge. Theft is specifically an intent-crime and so it must be proven that the intent to deprive the owner permanently of the property was present when the act occurred. This provides a good defense, as this is not an easy thing to prove.

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