Damico & Stockstill, Attorneys at Law

March 2017 Archives

Statutory rape and factors affecting severity of the charges

Statutory rape is classified as any act that involves sexual relations taking place with someone that is underage or below the specified age of consent. This is classified as rape because someone under the age of consent cannot legally give their consent to a sexual act even if they are willing.

Identity theft and how you may be guilty of it

Identity theft and fraud entail all those activities where a person's personal data is obtained and used without their permission for nefarious means. In almost all states it is considered a crime for a person to unlawfully acquire and misuse another's personal information which can include credit card numbers, social security numbers etc. This information is usually acquired through unlawful access via the internet or physically using lost or stolen credit cards, reports, wallets etc.

How do prosecutors decide to prosecute a case?

When authorities believe a crime has been committed and make an arrest, charges are not always a guarantee. Before pressing charges, the police will write an arrest report and have it looked at by a prosecutor. The prosecutor will then make a judgment: should I send this case to a grand jury and let them decide what charges to file? Should I make charges formal without a grand jury or should I drop the case altogether?

Common forms of defense against voluntary manslaughter

voluntary manslaughter conviction can have very severe consequences which can include massive fines, decades of jail time as well as the irreparable damage to your reputation. Voluntary manslaughter defenses are very similar to those of other homicides. To avoid conviction, the defense has several forms to draw upon.

What's the difference between first and second degree Murder?

There are few charges more serious than murder. The mere accusation can completely ruin your life. If convicted, the penalties can range from a few years in prison to a life sentence or the death penalty. However, not all murder charges are the same. The law recognizes varying degrees based on a range of factors.

What are some forms of defense for first-degree murder?

First-degree murder charges can have extremely severe consequences that can include extensive jail time and large fines. To avoid these penalties, there are several forms of defense that can be used. Defenses for first-degree murder come in two main categories. First, defenses that have the accused admitting to killing the individual but refuting the claim that they committed first-degree murder and, secondly, a defense that denies the murder was committed by the accused.

What is a Ponzi scheme?

You may have heard the old cliché, "if a deal seems too good to be true, it probably is." Such is the case with Ponzi schemes. A Ponzi scheme is commonly known as a pyramid scheme. It involves intentionally scamming investors into believing they will make a profit. The issue is that the profit of an early investor comes at the expense of a later investor who will not receive a return on his or her investment.

Common forms of defense used against sexual assault charges

When faced with a sexual assault charge the defendant has access to several forms of defense. The defendant must look at the circumstances and factors surrounding his/her case and decide which defenses they utilize. The defenses include the following:

Study finds black Americans are more likely to get convicted

Alarming stats recently published by the National Registry of Exonerations shows that the disturbing trend of racism in the United States is continuing with more black individuals wrongfully convicted than any other race. The statistics, according to the "Race and Wrongful Convictions in the United States" report show that as many as 1,800 defendants were framed for their crimes, a majority of whom were black. The report included statistics dating back from 1989 until present.

St. Patrick's Day is right around the corner

Americans throughout the country, including Baton Rouge, Louisiana, love to celebrate. In January it was New Year's Eve. In February we have the Super Bowl, and right around the corner here in March we have Saint Patrick's Day. While many traditional Irish folks like to celebrate it with corned beef, cabbage and Irish soda bread, for many others it is just a good reason to dress in green, maybe watch a local parade, and head out for to the local Irish watering hole or party for some celebrating.

How often are men falsely accused of sex crimes?

Over the past several years, we've been hearing a lot about the rapes and sexual assaults that have become commonplace on our college campuses. But how much of it is true and how much is hysteria? A new book called The Campus Rape Frenzy set out to explore that topic, not to discredit the many women who are touched without consent or raped in the halls of higher learning. Rather, to shed light on the actual facts as much as that is possible.

Federal Trade Commission takes telemarketing fraud seriously

Several scams take place over phone calls. It is important to recognize them and protect yourself from telemarketing fraud.  Telemarketing fraud is one of the simplest crimes to commit because someone just needs to call the victim to make up a false statement which urges the victim to give money to the caller. For example, the caller may entice a victim by asking them for their personal after telling them they have won a prize in a lottery. Another way is by claiming to be an anti-virus software company and encourages the victim to share their personal computer information for getting away with a virus.

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Damico & Stockstill, Attorneys at Law

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