Robbery

There are two different laws governing robbery in the United States. The penal code of states govern robbery against persons and other entities, excluding banks. State penal codes differ in the specific definition of robbery, but the general definition would be the taking of another person's money or property through the use of force or intimation. States impose different fines and prison terms depending on the severity of the robbery. Section 2113 of the U.S. Crimes and Criminal Procedure Code govern robbery against banks and financial institutions and robbery committed against entities doing interstate commerce. Section 2113 classifies as robbery the act of extorting money or property from a bank or any banking institution that is a member of the Federal Reserve System, or any attempt to take money or property from the bank.

Section 2113 imposes a fine and imprisonment for not more than ten years if the value of the money or property taken exceeds $1,000, or a fine and imprisonment for not more than one year if the value of the money or property taken does not exceed $1,000. Section 2113 also defines and imposes fines and prison time for all felonious acts arising from or associated with the act of robbery, such as the disposal of any property or money stolen from the bank, assault into any person when committing or in attempting to commit the act of robbery, any killing of any person in committing the act of robbery or while attempting to avoid apprehension and confinement. The use of a gun or a deadly weapon while committing or attempt to commit robbery aggravates the crime, and state penal codes impose additional jail time for this crime.

In order for the prosecution to charge the crime of robbery, the following elements must be present: (1) the taking, with intent to steal, (2) the personal property of another person, (3) in the presence of the person, (4) against his will, (5) by violence or intimidation, or the threat of force. The act of robbery, in contrast to theft, must involve the use of force, violence, or intimidation. Moreover, in contrast to burglary, to be charged with robbery, there must be the presence of the victim and the victim must have been harmed.

There is a fine line between theft and robbery, and the charges will depend on how the prosecutor interprets the findings from investigation conducted by law enforcement agencies. The determination of when violence or the threat of violence was employed in the act is crucial in all robbery cases as the timing of the use of violence can change the kind of felony, thereby decreasing the accompanying fine and prison time. Moreover, the amount of violence used can also be a factor in determining what type of felony will be charged, as the act of making someone turn over a property using a slight amount of violence may be classified as theft if both parties are of equal standing (e.g. both are men and of the same size) or may be classified as robbery if the assailant is larger than the victim. Thus, when faced with robbery charges, it is crucial to employ the aid of expert robbery law attorney to argue against the prosecutor's charges.

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Catastrophic Injuries Law - Legal Information and Resources

Catastrophic Injuries

A catastrophic injury is legally defined as an injury, usually of thecentral nervous system, that leaves the individual unable to performany gainful work. A catastrophic injury is a result of an accident,which means the victim obtained the damages without warning. Asidefrom damages to the central nervous system, catastrophic injuries mayalso include accidental amputation, multiple bone fracture, eyeinjury, severe burns, and organ damage. Catastrophic injuries canlead to permanent and, often, life-long disabilities, and malfunctionof multiple organs, and can shorten the lifespan of the individual.Catastrophic injuries require expensive medication andrehabilitation, often for the rest of the individual's life, causinggreat financial and emotional strain to the family. The injurieslimit, if not, prevent the individual from using major bodilyfunctions and interacting with family and society, leading to loss ofemployment, resulting to low quality of life.

Because of the magnitude of the effect of catastrophic injuries,victims and their families are given the legal right to file claimsand seek compensation for the disabilities. Catastrophic injury law,in general, provides that a victim sustaining catastrophic injuriescan file a claim or sue the person or entity who acted negligently orintentionally resulting to the harm. The main premises, therefore, ofcatastrophic injury law is negligence and intent. The medicaltreatment, rehabilitation and care for the victim of catastrophicinjuries are steep, which means family members take to court theirclaims.

The determination of negligence or intent is crucial in establishinga catastrophic injury claim. Most victims, as a result of theirinjuries, may no longer be able to recall the events that happenedbefore, during, and after the accident, so it would take an ampleamount of time before the complaint can be structured. An expertcatastrophic injury law attorney can speed up the data and evidencegathering process. Moreover, an expert catastrophic injury lawattorney can also help the victim, or, in most cases, the victim'sfamily, seek the damages due to the victim by establishing whetherthe act was negligent or intentional as the difference between thetwo can elevate the claim from a tort claim to a criminal offense.

If it will be known that one party is responsible for thecatastrophic injuries, then it will be easy for the plaintiff toidentify the responsible party. However, many parties may beresponsible for the injuries and an expert catastrophic injury lawattorney will be prudent to name all possible responsible partiesprior to the start of the litigation as the statute of limitationsmay exclude other possible responsible parties, reducing the amountof damages the victim may receive. Other possible liable partieswould include the owner of the vehicle, if the injuries are caused bysuch, or the building, employer, and insurance companies. The lawdoes not leave possible responsible persons unprotected, and, becauseof the possibility of paying huge amounts, they would argue againsttheir liability. It is therefore imperative to hire an attorney whois not just equipped with in-depth knowledge of catastrophic injurylaw but also of litigation tactics.

The bulk of catastrophic injuries litigation involve around the determination of the value of the damages. While every injury isserious to some degree, some victims of catastrophic injuries canrecover with good medical attention. Other victims, on the otherhand, are permanently disabled and suffering. States in the UnitedStates have imposed limits on "non-economic" damages. A catastrophic injury lawyer can help recover the adequate compensationfor the damages that the victim or his family has suffered.


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