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san jose criminal defense lawyerThe terms “assault” and “battery” are heard so often together that many people believe they are words describing the same thing. The fact that criminal defendants are often charged with assault and battery at the same time may reinforce this belief. But these two crimes are not the same and it is important to understand the difference between the two if you are facing charges for one or both. This blog provides a basic overview of the two both assault and battery, but an experienced California criminal defense attorney is the best source of answers to your questions. 

What is Battery? 

A person commits battery in California when they intentionally and illegally use force or violence against another person’s body. Examples of battery include, but are not limited to: 

san jose criminal defense lawyerIn a state with a history of destructive forest fires that threaten both pristine wilderness and urban areas, California takes arson very seriously. But there is a great difference between intentionally setting a building or forest ablaze and having a fire on your property that unexpectedly gets out of control. California’s penal code does distinguish between various levels of arson, and the penalties you face are determined by which specific criminal charges are brought.

Malicious Arson Versus Reckless Burning

Under California law, you are guilty of arson if you willfully and maliciously burn your property, someone else’s property, or help someone to do so, including houses, buildings, cars, land, and other smaller possessions. The two main counts related to arson are reckless burning and malicious arson. Malicious arson is a felony, while reckless burning may be either a felony or a misdemeanor, depending on what was burnt. The difference between malicious arson and reckless burning is intent.

If you maliciously and willfully started a fire, including to damage someone’s property, hurt or kill someone, or to commit insurance fraud, you can be charged with malicious arson. This can include setting fires on public land. Prison time depends on the details of the case:

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shutterstock_1398519638.jpgWith the relaxation of coronavirus restrictions across the U.S. and here in California specifically, it remains to be seen just what course the pandemic will follow from here on out. With people taking fewer precautions in general to protect both themselves and others, many health officials feel that coronavirus strains like omicron will continue to mutate and spread for some time to come. If you or a loved one ends up getting a new case of COVID-19, and you believe you know who was responsible for transmitting it to you, should you consider filing a personal injury lawsuit against them?

Seek the Justice You Are Entitled To

Over the past two years, there have been thousands of COVID-19 personal injury cases filed throughout America, resulting in many new and conflicting legal precedents. But even though the coronavirus legal area is still anything but “settled law,” you do not need to shy away from seeking the justice you deserve.

Like many personal injury matters, the success of coronavirus cases will likely rest on questions of the defendants’ intent, as well as the precautions they have taken to protect others from infection by this highly contagious disease. As the California Civil Code says in Section 1714(a), we are all responsible for whatever injuries we cause others, both intended and unintended, through our “want of ordinary care or skill in the management of his or her property or person.”

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santa clara criminal defense lawyerThere are many different types of stalking. How a person defines stalking can vary from being uncomfortably followed to having their social media pages checked frequently. California law defines stalking as behavior that makes someone feel threatened and concerned for their safety. Stalking allegations should be taken seriously. If you are accused of stalking another person, it is in your best interest to gather all of the facts of your case and find a defense attorney who can advocate on your behalf.

What is Stalking?

According to California state law, stalking can be defined as any behavior where an individual intentionally engages with another person to make that person distressed or fear for their safety. In 2022, stalking can come in a variety of shapes and sizes. It can also be hard to decipher between online snooping and stalking. The legal requirements that characterize stalking include:

  • Surveilling another individual without justification on two or more occasions 

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