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Larceny and the Law: What Is Larceny, Exactly?

Did you know the United States, in 2019, there were approximately 5,086,096 larceny thefts? In a similar vein, nearly a million burglaries were reported in 2021.

While each US state tries to manage these crimes, it’s critical to differentiate and understand the offenses they are dealing with.

Larceny is a word that most people have heard of at some point in their lives, but what is larceny exactly, and how does it happen? Carry on reading for a complete list of the offenses it covers and its punishments.

What Is Larceny?

So, what is larceny? The charge of larceny is commonly referred to as “ordinary theft” by the general public. Larceny definition is the unlawful stealing of another’s goods or property without their consent to deprive them of that property permanently. It’s generally a non-violent crime.

A person committing larceny will have the following intentions in mind:

  • Deprive a person of the right to use their property, either permanently or temporarily
  • Transfer ownership of the person’s property to a third party
  • Theft of a person’s possessions
  • Attempt to deprive a person of the rights of his property
  • Make the property their own by converting it into their name

Examples of larceny offenses include:

  • Bicycle theft
  • Motor car parts theft
  • Carjacking actions
  • Shoplifting actions
  • Pick-pocketing people
  • Any form of theft that is not forceful, violent, or fraudulent

Attempted larceny, in which the theft is unsuccessful, is also considered larceny and renders the accused liable.

What Are the Types of Larceny

There are two types of larceny. Let’s look at these:

1. Grand Theft Larceny

What is grand larceny? Grand theft larceny is defined as theft of personal possessions with a monetary value more significant than a legally prescribed amount. The amount specified will be determined by state law.

Grand larceny is punishable by a one-year or more prison sentence and a fine.

2. Petty Theft

Petty theft is when the worth of the stolen property is less than a certain threshold. Again, the amount specified will be determined by state law.

This type of larceny is typically classified as a misdemeanor and can be punishable by one year or less prison sentence.

So, stealing a tin of beans is not fall into the same category of larceny-theft as stealing a car.

Larceny Sentencing

As previously stated, larceny penalties and sentencing vary by state. Most petty larceny convictions are misdemeanors, punishable by up to one year in jail (but other states have two or three-year maximums). When a first-time offender or a low-level offender is charged, judges may explore alternatives to prison. These could include:

  • A period of probation
  • A period of community service
  • Compensation for the stolen item
  • A fine

Repeat offenders face an additional jail term. In addition, repeat petty theft offenders can have their charges set a level up to grand larceny charges in several states.

Just Don’t Do It!

We hope we have clarified that all thefts are not the same. First, however, it’s essential to note what is larceny and the consequences that come with it.

Of course, the best way to avoid sentencing is to avoid committing the crime!

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Law

What’s the Difference Between Reckless Endangerment and Driving?

What’s the difference between reckless endangerment and driving? Reckless endangerment is a crime that’s committed in different ways.

One way to commit this crime is to drive recklessly. So, what exactly does reckless driving mean? And how does it compare to other types of reckless behavior? Keep reading for answers to these questions and more.

What Is Reckless Endangerment?

Reckless endangerment and reckless driving are two very different charges, but they are often confused. Let’s take a look at the key differences between the two.

Reckless driving poses a significant danger on our roads, often leading to severe accidents and injuries. Drivers who engage in this behavior exhibit a blatant disregard for traffic laws and the safety of others, speeding, weaving through traffic, or driving under the influence. The consequences can be devastating, not just for the reckless driver, but also for innocent bystanders and passengers. Communities suffer from the aftermath of these incidents, as families are left to cope with loss and trauma. To combat this growing issue, it is essential to promote awareness and implement stricter penalties for those who choose to drive recklessly.

Reckless endangerment is a criminal charge that is used when someone puts another person in danger of serious harm. This could be done by doing something like driving too fast in a school zone, or firing a gun in a crowded area.

Reckless driving, on the other hand, is a traffic offense. It is usually used when someone drives in a dangerous or reckless manner, such as speeding, driving while drunk, or running a red light.

A reckless endangerment charge is a more serious charge than reckless driving. It can result in jail time, while reckless driving usually just results in a fine. However, both charges have a negative impact on your driving record.

If you receive a reckless endangerment charge, it is vital to contact an attorney right away. An experienced lawyer can help you build your defense and may be able to get the charges reduced or dismissed.

Furthermore, if you receive a reckless driving charge, it is important to speak with an attorney as well. They may be able to help you negotiate a lesser charge or avoid a conviction altogether for your careless driving.

Are you currently facing a reckless driving charge? If you are, you’ll need the help of a traffic accident lawyer. Visit peterlouielaw.com/ for assistance.

What Are the Consequences of Reckless Endangerment?

If you’re convicted of reckless endangerment, you could face up to a year in jail and a $5,000 fine. Reckless endangerment is when you do something that creates a substantial risk of serious harm to another person.

Therefore, it carries serious consequences—even if nothing “bad” happens as a result of it.

Reckless endangerment is a serious crime, and if you’re convicted, you could face jail time and a hefty fine. So, if you’re ever in doubt about whether something you’re doing is reckless or not, it’s best to err on the side of caution and avoid doing it altogether.

Understanding the Differences Between Reckless Endangerment and Reckless Driving

That’s it for our crash course in reckless endangerment and reckless driving. We hope you found it helpful!

If you want to learn more, or if you got into a little bit of trouble and need some legal help, be sure to check out our website for more content like this. And as always, drive safe out there.

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Law

Special Needs Trust Rules You Should Know About: A Guide

Are you hoping to learn more about special needs trusts and how they work? A special needs trust fund is a financial structure set up for someone with a disability.

If you are hoping to learn more about special needs trust rules so that you can decide whether or not this is the best option for you or a loved one, keep reading. In this guide, we will go over the basics when it comes to a special needs trust and how it works.

Special Needs Trust: The Basics

A special needs trust is also referred to as an SNT trust or a supplemental needs trust and it is a legal structure that is for someone with a disability. This kind of trust fund can include any current assets or it can be set up so that you receive the funds the beneficiary will receive in the future. The goal of these trusts is to protect and hold assets for the beneficiary that has special needs.

This legal structure is used to work to manage and collect assets by receiving funds from a variety of possible sources. One of the most common sources of funding in a special needs trust is from a family member during their lifetime. In some cases, this will be in the form of an estate plan in which the parents or relatives of the individual with special needs wish to provide life insurance or assets for the beneficiary in the case of their death.

These funds could also be from a legal settlement. When the trust is no longer needed, it will end. This will typically occur when the funds are completely spent on the beneficiary passes.

Working With a Special Needs Trust Lawyer

Working with a professional special needs lawyer is recommended for those that are preparing for this process, as it’s important to be as careful as possible when handling this legal process. If you want to leave money, assets, or property to a loved one with special needs, you will want to work with a lawyer in this field for the best results. This is because by leaving them a gift without professional assistance, you could be risking their ability to receive supplemental income such as Medicare and security income or SSI.

If the individual owns a car, house, furnishings, and other assets, they could lose their SSI benefits. Also, leaving beneficiaries cash gifts in the bank can also cause them to lose certain benefits, making setting up a special needs trust properly with the assistance of a lawyer to ensure that the beneficiary and your funds are in good hands.

Special Needs Trust Rules: Follow Them For Best Results

If you are hoping to navigate this legal structure, following the special needs trust rules is key to ensuring that your beneficiary is able to receive your gifts without risking their eligibility for government assistance programs.

Head to the “Lawyer” section of our site for more legal info, tips, and tricks today.

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Law

Common Errors That Lead to Medical Malpractice

While following proper procedures and practicing caution is necessary for any field, it’s even more crucial in the field of medicine. After all, in medicine, the consequences of a single error, no matter how minor, can be dire. In some cases, it can even cost someone’s life or cause permanent injuries and will need the services of a medical malpractice attorney north charleston nc.

Unfortunately, medical errors tend to be common among healthcare professionals, even serving as the third leading cause of death in the US. In such cases, filing a medical malpractice claim with the help of a reliable medical malpractice lawyer in Chicago can be the best course of action.

However, not all types of medical errors can be considered medical malpractice. Therefore, you first need to identify the common errors that could lead to medical malpractice before you can file a lawsuit.

What is Medical Malpractice?

In general, medical malpractice is defined as a situation wherein a physician breached their professional duty to provide the proper care to their patients. This means that they failed to provide the care and competence necessary to treat their patients’ conditions.

Medical malpractice can occur in almost any healthcare setting, not just hospitals. In this case, you can also witness medical malpractice in medical offices, private clinics, nursing homes, and even your own home.

Common Types of Medical Errors That Lead to Medical Malpractice

In general, there are five types of common medical errors that can lead to medical malpractice lawsuits. They are as follows:

Failure to Diagnose or Misdiagnosis

Physicians need to first identify what the illness is to ensure that their patients receive the proper care to address their conditions. However, different illnesses can present similar conditions in some cases, making it difficult for doctors to diagnose their patients accurately.

Unfortunately, this type of medical error can lead to severe consequences for their patients. In many cases, it can lead to death because they received the wrong treatment, even none at all, due to the doctor’s failure to provide the proper diagnosis.

Surgical Errors

Surgeries are considered delicate medical procedures, and doctors need to follow the correct protocols to minimize risks. After all, any mistakes before, during, and after the procedure can result in devastating consequences for the patient, including further health complications, permanent injuries, and even death.

Anesthesia Errors

Anesthesia is commonly used for medical procedures considered too painful for the patient to bear without. However, anesthesia is considered a potent substance, and medical professionals need to closely monitor patients administered with anesthesia.

Failure to do so can result in severe consequences for the patient’s health.

Prescription Errors

Medications are often the first course of treatment for patients, with doctors prescribing medicines to treat different conditions. However, prescription errors tend to be common among doctors, although patients often do not report these mistakes.

The consequences of prescription errors tend to vary. In some cases, they can be as minor as a slight reaction to the wrong medication or dosage. In others, they can also lead to death, especially when the prescribed medicine has a strong reaction to other medications.

Childbirth Errors

This type of error can occur before, during, and after the patient gives birth. In such situations, neglecting to provide the proper care can harm not just the mother but it can also harm the baby. In some cases, childbirth errors can lead to significant issues in the child’s growth and development, impacting their lives.

Medical Malpractice Help with a Chicago Medical Malpractice Lawyer

Filing a medical malpractice claim can be tricky, especially since you’ll need to establish that your doctor committed an error that more competent physicians could have easily prevented. In this case, hiring a skilled Chicago medical malpractice lawyer can be the right choice.

They can help you not only establish your claim but also gather the necessary evidence to support it. They can also find qualified medical experts to testify on your behalf.

 

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Law

What to Ask Your Divorce Attorney

Searching for the right divorce lawyer can be a hectic process, but a vital one. Rushing through probing for a qualified person to advocate for you can be a mistake because it can guarantee you either a positive or negative outcome in your case. 

Proper research is essential, but it is vital to meet with your divorce attorney Weatherford TX, for further consultation in detail face to face. Face-to-face meetups give one a clear understanding and what it takes to be advocated for in a court of law.

Take a look at some of the questions vital to ask your divorce lawyer:

Main Specialization

As you seek legal representation, getting a professional family attorney with a specialization in divorce is vital for the outcome. Ask your divorce attorney whether they solely focus on divorce cases or have enough experience in the matter. Questions like how long you have been practicing family law in divorce? Are you specialized in family law? And many other related questions.

Case strategy

A divorce attorney services Carrollton GA, must have a method to advocate for one during the divorce case. Not just any other lawyer should be selected to offer representation with no skills for supporting. An attorney should clearly state their strategy for your case and approximate how long the case will take.

Provide solution for negotiation

Negotiations are essential for a successful divorce and sharing of properties, including child support and custody. A divorce attorney is supposed to assist with negotiations directly or offer advice to the spouse. It is also essential to have an idea of the rough figure to use during the divorce case, and the attorney should be able to assist with such information.

Attorney’s cost

Every divorce attorney has their legal fees. The fee is charged differently depending on several factors, such as the experience level, specialty, legal firm, etc. Such factors will impact the price you are supposed to pay. Asking for the rate card helps you know whether that’s the right divorce attorney to handle your case.

Unwarranted Fees

When you find out about other fees, unplanned for is sure to affect your finances. A remarkable attorney should give ideas and likely costs to expect for other private activities. During the divorce, it is probable to hire private investigators, psychologists, physicians, accountants, etc. All these people play a significant role in your case outcome.

Getting a dedicated divorce attorney with an aim to help you begin a new chapter in your life is important. At Weatherford Family Law, we have a team of divorce attorneys who are experienced, dedicated, and skilled in divorce cases to ensure a smooth process. We always do the best to provide you with the right lawyer for your case.

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