Monthly Archives: December 2016

Understanding A Simple and Aggravated Assault in Florida

Pursuant to Florida law, the crime of assault is defined under section 784.011 of the Florida Statutes as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so and doing some act which creates a well-founded fear in such other person that such violence is imminent.

In laymen terms: assault is an intentional, seemingly authentic threat that is perceived to be dangerous and makes another person reasonably fearful that there will be an act of violence.

It’s worth noting that a common point of confusion for criminal defendants is the belief that assault and battery are actually the same crime — or that they are necessarily linked. Many criminal defendants might be confused as to why they are being charged for threats that did not lead to an actual physical injury. Though it is certainly true that assault and battery often appear together, in truth, they are two separate and independent crimes.

Battery is perhaps best understood as the completion of an assault, though the interplay of factors is a bit more complicated. For now, assume that assault refers to a threat of violence, and that battery refers to intentional, non-consensual physical contact.

In the state of Florida, assault can be broken down into two categories based on circumstances at the time of the criminal incident: 1) simple (or misdemeanor) assault, and 2) aggravated (or felony) assault. Let’s take a quick look at the relevant law.

Simple Assault

Simple assault is the most basic form of assault — a standard assault situation is a matter of simple assault. Pursuant to section 784.011(2), whosoever commits an assault will be found guilty of a second-degree misdemeanor.

It’s important to note that even simple assault requires criminal intent to find the defendant liable (recall that the assault statute demands a requisite intentional, unlawful threat). For example, if you were jogging on a sidewalk and suddenly tripped, nearly collapsing on a pedestrian, then that pedestrian might be reasonably fearful of imminent injury. However, you would likely not be held liable for assault as you evidenced no specific criminal intent to threaten the pedestrian with violence.

Simple assault — as a second-degree misdemeanor — leads to fairly minor penalties on the whole. If you are convicted of simple assault, you could be penalized with up to 60 days in jail, six months of probation, and/or up to a $500 fine for your actions.

Aggravated Assault

Florida law puts aggravated assault a step above in severity to simple assault. Aggravated assault is essentially “assault with a deadly weapon” or “assault during the commission of another felony.” It is also classified as a third-degree felony, which may lead to penalties of up to five years’ imprisonment, five years’ probation, and/or up to a $5k fine for your actions.

If you commit assault with a firearm (a specific deadly weapon) — if convicted — then you could face a three-year mandatory minimum sentence. Other deadly weapons, such as long knives, will not expose you the same mandatory minimum issue.

Let’s take a look at the two prevalent types of aggravated assault situations.

Assault with a Deadly Weapon

Assault with a deadly weapon is rather straightforward. If you commit an assault while brandishing a knife or a gun, for example, then you the imminent threat of harm that you create is more severe, thus leading to the aggravated assault charge. Of course, the mere fact that you are carrying a deadly weapon does not necessarily lead to an aggravated assault charge. If you have a concealed carry license and your weapon is not visible or known to the victim, for example, then your standard assault (i.e., threatening to punch someone) cannot be elevated to aggravated assault.

Assault During Another Felony

If you commit an assault in the midst of committing another felony, then the assault will be elevated to aggravated assault. For example, if you are burglarizing a car, then any intentional and unlawful threat against another person that creates a reasonable fear of imminent harm will qualify as aggravated assault.

The Individual Investors Losses through a FINRA Arbitration

As an individual investor, you place a significant amount of trust in your broker. You trust your broker to make sound investment recommendations, and you trust him or her to manage your portfolio with your best interests in mind. You expect your wealth to build over time, and you expect it to be there when you need it.

But, what if it isn’t?

Common Forms of Investment Broker Fraud

While the securities markets fluctuate, there are certain issues that should not lead to losses for individual investors. These issues involve misconduct by their brokers, and are broadly characterized as investment fraud. While most people think of high-profile scams like those involving Bernie Madoff and Martha Stewart when they hear the term, “investment fraud,” the unfortunate reality is that countless individual investors lose money to broker fraud every single day.

Some of the most common forms of investment broker fraud include:

• Account Churning – Brokers should earn their keep by making profitable investment recommendations, not by trading excessively in order to generate commissions. This is a fraudulent practice known as “churning.”

• Misrepresentations and Omissions – Brokers must provide their clients with the information needed to make informed investment decisions.

• Overconcentration – Brokers should not create unreasonable risk for their clients by pouring their savings into non-diversified investments.

• Unauthorized Trades – Brokers should not make trades without a client’s authorization unless the client has explicitly granted his or her broker the discretion to do so.

• Unsuitable Investments – Brokers should make investment recommendations and trades based on each client’s unique risk tolerance and financial circumstances.

What to Do if You Suspect Investment Fraud

If you have suffered investment losses and believe that your broker may not have been looking out for your best interests, you may be able to recover your losses through the process known as FINRA arbitration. Filing for arbitration does not guarantee that your portfolio will be restored, but it does provide a forum in which to pursue recovery without the burdens of taking your broker to court. Most brokers in the United States are required to register with FINRA, and FINRA-registered brokers are generally required to submit to arbitration.

While FINRA arbitration keeps your investment fraud claim out of court, the process is still complicated, and pursuing a successful arbitration claim requires a thorough understanding of federal securities laws and FINRA’s regulations. As a result, it is strongly in all individual investors’ best interests to consult with an experienced attorney. If you have a claim, an experienced FINRA arbitration lawyer should be willing to take your case on a contingency-fee basis, meaning that you will only pay legal fees if you secure a financial recovery.

About Jordanian Punishment Laws

How much punishment is too much? This sensitive question is as old as the law itself. As well as the word “justice” and “legitimacy”.

The human society has always created measures to distinguish between right and wrong. Things that were in favour of the population or the ruling elite have always been considered legitimate and those against it were biased or flawed. Though, the human race has always been tempted to do things the wrong way. Whether in the stone ages, the middle ages or more modern times, we have always heard about good people obeying the rules of the community and about bad people that have been or still are committing crimes against the laws of the state. As we learnt from the Holy Quran, The Bible or The Old Testament… even the first men’s children were subjects of such behaviour. Cane was killed by Able out of jealousy.

Why We Need A Law System

If the human race hadn’t created civility and rules and if all men were literally “free” and could act and behave as they wish, then terms like “good” or “bad” or “legal” and “illegal” would never make sense. So would we might have been saying goodbye to the social evolution as well as things like technology and communication; they wouldn’t be as necessary. Thus, we can draw the conclusion that humans needs the state of law as an inevitable part of his life. Of course as with every birth, and as every other phenomenon in this planet this isn’t a perfect thing. But it was a definite step forward for men and it is evolving and changing along with our society and our own rational growth. Laws exist because we decided to be more civilized and the interest of the majority shouldn’t be affected in favor of the minority or a group of people that doesn’t have “the right” to ignore and endanger the right of the others.

Why Punishment Laws

As we needed to define good or bad, we started to create the most primitive laws and law enforcement. We had to designate the rules of reward and punishment. Reward is something that didn’t needed to be addressed, rather people had to think about punishment to prevent abuse of the law. As laws and legal matters became complicated by the day, lawyers and advocates were born. Today, every state has its own judiciary system, every nation has its own definitions of law. These are pretty much tangled with the traditions, religions, history and values of that very population. Some countries still enforce death penalties for the most serious crimes, others have long abandoned this law. In the United States each state has its own constitution. That means that a criminal convicted of murder in Texas would end up on death row, whereas the same guy would flee this lot in Maryland.

Laws in Jordan

As with every country, Jordan has its own definition of state of law. The Jordanian criminal code, pretty much similar to a traditional French law system, divides all cases into three categories based on the severity of the punishments. When convicted of serious crimes, the sentenced can face verdicts ranging from the death penalty to imprisonment for different periods. These range from three years to life time imprisonment. Punishments for misdemeanours or minor acts of violations, imprisonment can be enforced ranging from 21 days to three years; sometimes fines are included for specific cases. For less serious violations, punishments of imprisonment are less than 21 days and small fines, or may include reprimands by the court. In cases where delinquencies are involved or when we’re talking about minor violations, the judge can invoke preventive measures. These might include detention for psychiatric inspection, castigation of property, or shutting down the business.

Penalties in Jordanian Law

As mentioned before, many laws stem from the religious or traditional nature of a country. When speaking about laws in Jordan, we have to evaluate all aspects. For instance, there are penalties considered for gambling in public environments, corruption, giving bribes, falsehood in law or commerce, forgery, theft, harassment and battery, and making trouble for other people.

Religious Effects on the Judiciary System

The inspiration of Sharia is very effective in Jordanian Laws and law enforcement. Desertion of children, abortion, espousing with a girl under sixteen, openly humiliating and offending against the Islamic religious sanctities and also openly breaking the fast in the holy month of Ramadan is considered a breach of law and can be met with consequences. Historically, Instances of these punishments have been few and far between, but when it comes to the rules of society, one should always choose the safe side of the game.

Private Investigators Help A Prevent Catfishing Schemes

Catfishing Defined

Catfishing refers to using social media or other online communications to try to find a romantic match based on false information. People who catfish others often use pictures of someone else, outdated pictures or altered pictures of themselves to try to show a more attractive front for potential romantic matches. They may also take on someone else’s name, identity or characteristics and may conceal their own identity.

Communicating with a Catfish

A person who catfishes another may use a variety of communication techniques. They may communicate solely over social media like Facebook or Twitter. They may text or email. They may use chat rooms. They may call. However, in most instances, the person doing the catfishing does not make physical contact with the other because this would blow his or her cover and possibly review his or her real appearance or identity.

Goals of Catfishing

People who catfish may have different purposes for their behavior. Sometimes they feel lonely and simply want to connect with another person. They may think that they may not find a romantic match based on their own appearance or personality. Sometimes a person committing catfishing may by a teenager who is trying to have fun and trick others. In other cases, the motivation is more sinister. The person may be a scam artist who is trying to forge a romantic relationship with someone in order to swindle the victim. He or she may try to financially defraud the victim.

Identity of the Culprit

The identity of the culprit varies in every situation. Sometimes it is another person who is less attractive than the one depicted in the pictures. In other cases, the person committing the catfishing may be the same gender as the victim but pretending to be the opposite sex. Many catfishing cases have resulted in finding that the catfisher is actually a teenager or adult child living in his or her parent’s basement. Some cases involve experimenting with sexuality.

The personal information that the catfisher gives is usually false or modeled after a person that the catfisher knows in real life. The victim may start to discover holes in the catfisher’s story. When he or she presses the catfisher for more information, the catfisher may make up excuses for this or may start to withdraw in an attempt to conceal their identity.

Signs that You Might Be Getting Catfished

Recognizing signs that a person may be being catfished can help trigger the need for a private investigator. One sign of a catfisher is if he or she seems too good to be true. People who make up fake profiles often make them as extravagant as they want because they are living in their fantasy world. Another sign of a catfisher is if the person has a non-traditional job that would make it difficult to sustain a romantic relationship. Scammers who are trying to cast a wide net may list interests that relate to anyone. This allows them to appeal to more people. Long walks on the beach, getting dressed up for a night on the town or other activity that has mass appeals may be indicators of a potential scammer. Catfishers often push quickly for an exclusive relationship and will say that they love their partner very early in the process.

One of the most pronounced signs of catfishers is that they will refuse to meet in person. They may also refuse to engage in other types of communication that will show their real appearance, such as Face Time, video chats or Skype.

For catfishing scammers, they may ask for money early on. Since they may not have the same name as the one they are projecting, they may ask for this money to be sent in someone else’s name.

Help from a Private Investigator

A private investigator can help conduct an investigation to determine the real identity of the person on the other side of the computer. Individuals who may be being catfished may engage the services of a private investigator. During an initial consultation, the investigator may request certain types of information, such as the details that the catfisher have provided, whether the person has ever met with the catfisher in person, how the catfisher first made contact, the online sites that the catfisher and the person have been on together and what usernames the catfisher has used.