What constitutes assault and battery in California?

The first thing it's important to say is that assault and battery are actually two separate offences under California law. Assault is defined as an attempt to use violence or force against someone, and is dealt with under penal code 240 . Battery, which most people probably think of as assault, is the actual use of violence or force against another...
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Arrested on a DUI in Los Angeles – should you be read your rights?

You have been stopped for a suspected DUI offense in Los Angeles; should the officer who stops you read you your rights. It may surprise you to learn that US law is such that the answer to this question is, not necessarily. The thing about the Miranda warning , which is commonly referred to as Miranda rights is that it applies to people who are in ...
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Arrested on a DUI charge – can your silence be used against you?

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You may think that your silence cannot be used against you in court; this is not entirely true. This is not to say that you should volunteer information if you are pulled over on suspicion of a DUI; doing so is not usually a good idea. But, if you remain silent, this can be considered a sign of guilt; as was the case in People vs Tom . We are going...
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What to do about claiming if you are assaulted at work

If you are injured as the result of an assault at work, it can be costly, in terms of your health and loss of earnings. The good news is that there are actions you can take if you are assaulted. These actions can help you get the support you need with expenses that occur as a result of the assault. In this article, we are going to look at the State...
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If you say "I don't know" in a Californian court, is it perjury?

A criminal court proceeding can be a daunting thing, whether you are charged with a crime, or whether you are being asked to testify in a case. There is a lot of pressure on a person when they take to the stand and are asked to swear an oath that they will tell the truth. Everyone has to do this, although it's not necessary to swear on the Bible ; ...
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