Fuller Law Firm
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408-234-7563
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In a state with a history of destructive forest fires that threaten both pristine wilderness and urban areas, California takes arson very seriously. But there is a great difference between intentionally setting a building or forest ablaze and having a fire on your property that unexpectedly gets out of control. California’s penal code does distinguish between various levels of arson, and the penalties you face are determined by which specific criminal charges are brought.
Under California law, you are guilty of arson if you willfully and maliciously burn your property, someone else’s property, or help someone to do so, including houses, buildings, cars, land, and other smaller possessions. The two main counts related to arson are reckless burning and malicious arson. Malicious arson is a felony, while reckless burning may be either a felony or a misdemeanor, depending on what was burnt. The difference between malicious arson and reckless burning is intent.
Whether tripping on a sidewalk or slipping on a wet floor, slip and fall accidents can cause sudden and severe injuries. These injuries can lead to medical bills, missed work, and additional trauma. The elderly or those with disabilities are more commonly injured in these types of falls, but anyone can suffer an injury at any time. Often, a tripping or slipping hazard is caused by the negligence of the property’s owner or tenant. Without proper property maintenance or sufficient warnings, these parties can be held liable for the unsafe conditions.
While a trip and fall accident can happen anywhere, some locations are more likely to have conditions that cause these accidents. Here are areas that have more frequent slip and fall accidents:
Riding a bicycle should be a fun and safe activity, whether it is for exercise, commuting to work or school, or just a leisurely trip for some fresh air. But when you are riding in traffic or crossing a busy road, there are risks of dangerous collisions and serious injuries. Bicyclists won’t win in a collision with a motor vehicle, no matter who was at fault for the accident. Here are some tips to keep you riding safely and avoid a bicycle accident.
With over 100 bicyclists killed and over 10,000 injured in accidents every year in California, it is best to be well-prepared and know the top tips to ride safely. Remember these tips next time you are headed out for a ride.
Pick the right bike and gear – Make sure you have the right size bicycle, and it is in good working order. Bicyclists under 18 must wear a helmet when riding on public roads, but it is a good idea for all riders to wear one for protection in case of a crash.
With the relaxation of coronavirus restrictions across the U.S. and here in California specifically, it remains to be seen just what course the pandemic will follow from here on out. With people taking fewer precautions in general to protect both themselves and others, many health officials feel that coronavirus strains like omicron will continue to mutate and spread for some time to come. If you or a loved one ends up getting a new case of COVID-19, and you believe you know who was responsible for transmitting it to you, should you consider filing a personal injury lawsuit against them?
Over the past two years, there have been thousands of COVID-19 personal injury cases filed throughout America, resulting in many new and conflicting legal precedents. But even though the coronavirus legal area is still anything but “settled law,” you do not need to shy away from seeking the justice you deserve.
There are many different types of stalking. How a person defines stalking can vary from being uncomfortably followed to having their social media pages checked frequently. California law defines stalking as behavior that makes someone feel threatened and concerned for their safety. Stalking allegations should be taken seriously. If you are accused of stalking another person, it is in your best interest to gather all of the facts of your case and find a defense attorney who can advocate on your behalf.
According to California state law, stalking can be defined as any behavior where an individual intentionally engages with another person to make that person distressed or fear for their safety. In 2022, stalking can come in a variety of shapes and sizes. It can also be hard to decipher between online snooping and stalking. The legal requirements that characterize stalking include:
Burglary is the act of breaking into a private residence with the intention of stealing something. In California, this is a serious crime that can lead to consequences including jail time. There are two different classifications of burglary in the state of California — first-degree and second-degree. The legal ramifications that follow a burglary charge will depend on the degree of the crime.
Many different criminal charges, including murder and fraud, are divided into the degree to classify the nature of the crime. This is the same for burglary charges. Burglary is classified as entering any private building with the intention of committing either grand or petit larceny (theft of personal property). Here are the differences between first-degree and second-degree burglary in California:
In the digital age of 2022, it is important to understand the legal implications of using electronic financial tools such as debit and credit cards, online banking or online shopping. Financial crimes can range anywhere from a fake gift card to tax evasion. Due to the complex nature of financial crimes, many instances of fraud are overlooked until it is too late. According to California law, it is a fraudulent crime to use an expired credit card or debit card to make any sort of purchase. Depending on the severity of the crime and the offender's background, perpetrators using an expired credit card may face felony charges.
When attempting to understand credit card fraud and the various ways this crime is achieved, it is first important to understand the definition of fraud in the state of California. Fraud is described as any activity intended to deceive, misrepresent, fool or twist any known fact with the intention of hurting another person or using their legal or financial rights for your benefit. In other words, you can be committing fraud when you intentionally lie to gain a benefit. In the case of credit card fraud, a person would intentionally be “lying” or misusing their expired credit card with the intention of gaining a benefit through making a purchase. Credit card fraud can also look like:
Dogs can be loving pets, but they are also animals capable of inflicting severe injuries. Some dog attacks are even fatal. Many dog bite victims are left with physical and mental scars. They may need extensive medical care and psychological counseling to recover. If you or a loved one were bitten by a dog in California, you should know that you have rights. You may be able to hold the dog owner liable and recover monetary damages for the injuries.
Some states are “one bite rule” states which means that a dog owner is not liable the first time his or her dog bites someone. However, California is a strict liability state when it comes to dog-related injuries. This means that the owner may be liable for damages even if he or she had no reason to fear that the dog would be aggressive. If you were bitten by a dog, you may be able to sue the owner and collect financial compensation.
The term “stalking” is sometimes used in an informal or even joking manner. For example, someone may say that another person is “stalking” their social media if that person comments on every post.
In reality, stalking is considered a serious criminal offense in California. An individual convicted of stalking could face up to five years in prison.
If your ex has accused you of stalking him or her, do not make the mistake of underestimating this allegation. You could be arrested and charged with a criminal offense. An experienced criminal defense attorney can help you defend yourself against stalking charges.
If an ex-boyfriend, ex-girlfriend, or ex-spouse accuses you of stalking them, immediately cease contacting the victim. Do not go to the person’s home, work, or school. You may be tempted to confront this person – especially if the harmful allegations are completely made up. However, confronting the person just gives him or her an opportunity to make further allegations of stalking, intimidation, or physical violence.
Car accidents affect the lives of millions of people each year in the United States. Some car accident victims are able to walk away from the crash relatively unscathed. Others are left with severe or permanent injuries. If you or a loved one were hurt in an auto accident, you may benefit from working with a personal injury attorney.
Whether you reach a settlement with the insurance company or file a personal injury lawsuit, you will need evidence of:
Your lawyer can help you obtain the evidence needed and ensure that the evidence does not get lost or destroyed.
Anyone who has been in a severe wreck can tell you that life is never quite the same after the crash. However, car accident victims may be entitled to monetary damages that can, at least in part, compensate them for what they went through.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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