Murder and Homicide in Texas

Posted by on May 6, 2015 in Criminal Law | 0 comments

There is perhaps no other criminal charge as serious as murder or homicide. Anyone convicted of such crimes can only expect to face steep punishment. The court can impose a significant number of years of imprisonment for criminals convicted of murder or homicide. Certain scenarios can also lead convicted criminals to be sentenced to a lifetime in prison or even death.

Texas is among the 32 states in America where death penalty is legal and its penal code classifies these crimes under the broad umbrella of criminal homicide. The law defines criminal homicide as situations when an individual causes the death of another intentionally, knowingly, recklessly, or with criminal negligence. These crimes are classified into four different types, depending on the circumstances of the given situation.

A criminal homicide case is considered a murder when a person’s death results from any harm that was knowingly and intentionally caused by the perpetrator. A murder is considered a first degree felony and could lead to lifetime imprisonment. Similar crimes that are aggravated by additional circumstances are known as capital murders. Some of these circumstances include causing the death of a law enforcement officer and murder committed during kidnapping or sexual assault. These crimes are punishable by death penalty.

Death caused by reckless behavior is called manslaughter. These cases typically involve other violations such as driving while intoxicated (DWI) and are considered second degree felonies. Finally, homicide cases involving negligence or inattentive creation of risk are referred to as criminally negligent homicide. A state jail felony, it requires a perpetrator to serve up to 20 years in prison.

Depending on the decision of the court, perpetrators convicted of criminal homicide will also need to pay significant fines on top of the prison sentences they are expected to serve. As one can see, the punishment for crimes involving homicide and murder are unsurprisingly steep and hard to bounce back from. If this occurs consult a criminal defense attorney immediately.

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Receiving Compensation after an Accident in the Workplace

Posted by on May 5, 2015 in Job Accidents | 0 comments

It is in the nature of accidents to be unpredictable. As the LaMarca Law Group, P.C. says on its website, it’s impossible to anticipate and prevent any of the illnesses and injuries caused by such incidents. This is particularly true for people who face higher rates of risks in their everyday lives. Workers in dangerous industries like construction and transportation are among those who go about their days with the constant threat of illness or injury looming over their shoulders.

According to the Occupational Safety & Health Administration under the U.S. Department of Labor, about 2.9 million injuries were reported in the private industry during the year 2013. They found that these injuries were typically caused by the following risks:

  • Getting struck by objects
  • Slipping or falling due to surface hazards
  • Falling from significant heights
  • Repetitive motions
  • Exposure to toxic substances
  • Lifting, pushing, or pulling of heavy objects
  • Other accidents involving heavy machinery

While some workers are lucky enough to escape the devastating effects of an accident in the workplace, majority suffer from injuries and illnesses that can impede their ability to return to work and earn an income. The most common injuries caused by such accidents include spinal cord injuries, brain trauma, burns and amputations. Certain accidents, particularly in the cases of toxic exposure and repetitive motion, can also cause serious medical conditions such as cancer and organ failure.

In these scenarios, workers are allowed benefits that can help alleviate any financial strains caused by their injury or illness through their company’s workers’ compensation program. In most cases, these benefits can be used to cover medical expenses and other concerns involved in treatment and recovery. With the help of an experienced lawyer, injured workers can claim benefits for the following scenarios:

  • Construction site injuries
  • Slip and fall accidents
  • Traumatic brain injuries
  • Spinal cord injuries including those that led to paralysis
  • Repetitive motion injuries
  • Occupational diseases and other medical conditions
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Child Custody Cases in California

Posted by on May 4, 2015 in Child Custody | 0 comments

A divorce can be a lengthy and complicated process, especially for spouses with children. Aside from the obvious emotional effects such a decision can cause, a divorcing couple will also have to deal with complications regarding child custody. They have to come to an amicable agreement, or else their custody case will be decided on by the court.

The laws regarding child custody arrangements are different depending on a couple’s state of residence. In California, family courts award custody based on several factors. Whether the judge decides on joint physical custody, joint legal custody, or sole custody, the final decision should always uphold the best interest of the child.

One of the first things that California courts consider is the health and safety of the child or children involved in the divorce. A judge will not grant custody or visitation rights to a parent who is deemed unfit. Anyone who has a criminal record for physical and sexual abuse or a history of substance abuse and addiction will be overlooked by the court. Usually, the judge will also issue a decision that limits or prevents contact with a spouse whose current partner is similarly found unfit.

California law also requires that the court take into consideration the decision of a child. Typically, the court will only consider a child’s preference if he or she is of a certain age. While the law doesn’t specify a specific number, the common consensus is that an older child will be able to make an informed choice regarding their parent’s custody arrangement.

Another important consideration is maintaining the stability of the child’s environment. To uphold their best interest, the court will need to take into the account a child’s established relationship with both parents and their siblings.

All in all, California custody cases need to be determined following factors that prioritize the best interested of the child or children involved. In an ideal scenario, such cases can be easily solved and the final consensus is the best decision for every party. However, as a Manhattan Beach child custody attorney would probably put it, changes in circumstances can call for modifications to the established agreement. Parents looking to change their current custody order can contact an experienced family lawyer to learn more about their options.

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